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Articles 1 - 7 of 7
Full-Text Articles in Law
The Road Forward From Grable: Separation Of Powers And The Limits Of "Arising Under" Jurisdiction, Rachel M. Janutis
The Road Forward From Grable: Separation Of Powers And The Limits Of "Arising Under" Jurisdiction, Rachel M. Janutis
Louisiana Law Review
No abstract provided.
Nothing Improper? Examining Constitutional Limits, Congressional Action, Partisan Motivation, And Pretextual Justification In The U. S. Attorney Removals, David C. Weiss
Michigan Law Review
The forced mid-term resignations of nine U.S. Attorneys was an unprecedented event in American history. Nearly one year after the administration executed the removals, the House Judiciary Committee was still reviewing and publicizing emails, memoranda, and other documents in an effort to understand how the firings were effectuated. This Note examines many of those documents and concludes that the removals were likely carried out for partisan reasons. It then draws on the Constitution, Supreme Court precedent, and separation of powers principles to argue that Congress is constitutionally empowered to enact removal limitations for inferior officers such as U.S. Attorneys so …
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty
Cornell Journal of Law and Public Policy
No abstract provided.
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Duke Environmental Law & Policy Forum
No abstract provided.
The Constitutionality Of Warrantless Electronic Surveillance Of Suspected Foreign Threats To The National Security Of The United States, Michael Avery
The Constitutionality Of Warrantless Electronic Surveillance Of Suspected Foreign Threats To The National Security Of The United States, Michael Avery
University of Miami Law Review
No abstract provided.
Members Only - United States V. Rayburn House Office Building, Room 2113: The Speech Or Debate Clause, The Separation Of Powers And The Testimonial Privilege Of Preemptive Nondisclosure, John D. Friel
Villanova Law Review
No abstract provided.
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
The Accounting: Habeas Corpus And Enemy Combatants, Emily Calhoun
University of Colorado Law Review
The judiciary should impose a heavy burden of justification on the executive when a habeas petitioner challenges the accuracy of facts on which an enemy combatant designation rests. A heavy burden of justification will ensure that the essential institutional purposes of the writ-and legitimate, separated-powers government-are preserved, even during times of national exigency. The institutional purposes of the writ argue for robust judicial review rather than deference to the executive. Moreover, the procedural flexibility traditionally associated with the writ gives the judiciary the tools to ensure that a heavy burden of justification can be imposed.