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Full-Text Articles in Law

The Executive Branch Anticanon, Deborah Pearlstein Nov 2020

The Executive Branch Anticanon, Deborah Pearlstein

Faculty Articles

Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …


Damnatio Memoriae And Black Lives Matter, Alex Zhang Jan 2020

Damnatio Memoriae And Black Lives Matter, Alex Zhang

Faculty Articles

Police brutality and killings of Black Americans have recently sparked nationwide protests. Among the many expressions of anger and indignation, one stands out as a unique feature of this wave of the social movement: public scrutiny of civic symbols. Protestors have defaced, torn down, and called for the removal of monuments that represent our country’s racist past, as well as structural racial injustice today. Protestors toppled a statue of George Washington in Portland and spray-painted on it the label “Genocidal Colonist,” while statues of Christopher Columbus were found beheaded in Boston, yanked from a pedestal in St. Paul, and tossed …


Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu Jan 2020

Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu

Faculty Articles

No abstract provided.