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Articles 1 - 21 of 21
Full-Text Articles in Law
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Yelnosky Patio Dedicated 11/16/2020, Michael M. Bowden
Law School News: Yelnosky Patio Dedicated 11/16/2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
What Constitution Says About Peaceful Transfer Of Power, John M. Greabe
Law Faculty Scholarship
[excerpt] I recently was asked whether the Constitution requires a peaceful transfer of power following an election. Sadly, the questions is not merely theoretical. President Trump has stated that, if he loses the upcoming election, it will be through fraud. And he has made it clear that he will be unrestrained in his response to any efforts to oust him from office through an election he pronounces fraudulent.
The question of whether the Constitution requires a peaceful transfer of power prompts consideration of how we should conceptualize our Constitution. Is the Constitution merely the document that was written in 1787, …
Law School News: A Commencement Like No Other 05-15-2020, Michael M. Bowden
Law School News: A Commencement Like No Other 05-15-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law
Law School News: The Honorable Margaret H. Marshall: Doctor Of Laws, Honoris Causa 05-10-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Law School News: Olin W. Thompson, Iii: Doctor Of Laws, Honoris Causa 05-08-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Rwu Law Announces Sixth Dean 04-13-2020, Michael M. Bowden
Law School News: Rwu Law Announces Sixth Dean 04-13-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Chicago-Kent Law Review
No abstract provided.
Administrative Truth: Comments On Cortez's Information Mischief, David Thaw
Administrative Truth: Comments On Cortez's Information Mischief, David Thaw
Chicago-Kent Law Review
No abstract provided.
Civil Servant Alarm, Bijal Shah
Civil Servant Alarm, Bijal Shah
Chicago-Kent Law Review
Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Chicago-Kent Law Review
No abstract provided.
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz
Chicago-Kent Law Review
No abstract provided.
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk
Chicago-Kent Law Review
No abstract provided.
Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law
Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law
Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Harvey M. Applebaum ’59 Award
No abstract provided.
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Presidential Control Over Disputed Elections, Lisa Marshall Manheim
Presidential Control Over Disputed Elections, Lisa Marshall Manheim
Articles
An election that is “disputed” lacks two qualities after Election Day: a clear winner and a concession. These elections instead depend on legal processes — recounts, court proceedings, and more — for resolution. As a result, when a sitting President, running for reelection, becomes immersed in a disputed presidential election, he potentially enjoys an advantage over his opponent. He can attempt to exploit the powers of the presidency to push these legal proceedings in his favor. As a practical matter, this advantage can be formidable. A sitting president can resort to his extraordinary bully pulpit, for example, to influence public …
Presidential Whim, Matthew J. Steilen
Presidential Whim, Matthew J. Steilen
Journal Articles
This article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump's leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of …