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Articles 1 - 9 of 9
Full-Text Articles in Law
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis
University of Michigan Journal of Law Reform
The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …
Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley
Separation Of Powers, State Constitutions & The Attorney General: Who Represents The State, Patrick C. Mcginley
West Virginia Law Review
No abstract provided.
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Cadenced Power: The Kinetic Constitution, Laura S. Fitzgerald
Duke Law Journal
No abstract provided.
Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney
Touro Law Review
No abstract provided.
Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava
Peanut Butter And Politics: An Evaluation Of The Separation-Of-Powers Issues In Section 802 Of The Prison Litigation Reform Act, Jennifer A. Puplava
Indiana Law Journal
No abstract provided.
The Foibles Of Formalism: Applying A Political "Transaction Cost Analysis" To Separation Of Powers, Michael A. Fitts
The Foibles Of Formalism: Applying A Political "Transaction Cost Analysis" To Separation Of Powers, Michael A. Fitts
Case Western Reserve Law Review
No abstract provided.
President V. Congress: What The Two-Party Duopoly Has Done To The American Separation Of Powers, Theodore J. Lowi
President V. Congress: What The Two-Party Duopoly Has Done To The American Separation Of Powers, Theodore J. Lowi
Case Western Reserve Law Review
No abstract provided.
Recent Developments, An Appeal By Any Other Name: Congress's Empty Victory Over Habeas Rights--Felker V. Turpin, 116 S. Ct. 2333 (1996), Scott Moss
Publications
No abstract provided.
Presidential Rulemaking, Peter L. Strauss
Presidential Rulemaking, Peter L. Strauss
Faculty Scholarship
One of the prominent issues during the 1992 presidential campaign was abortion, in particular the federal government's role in financing counseling activities that might promote it. In the Bush Administration, the Department of Health and Human Services had adopted a controversial regulation to withhold federal funds from any family planning or other medical service that included counseling about abortion in its activities; the Clinton campaign promised to rescind that regulation if Clinton were elected President. Shortly after his election, in a prominent White House ceremony, President Clinton announced that he had directed the rescission of the prior rule and the …