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Full-Text Articles in Law

What Is The Best Model For Investigating Presidential Wrongdoing Today, Bruce Ledewitz Dec 2018

What Is The Best Model For Investigating Presidential Wrongdoing Today, Bruce Ledewitz

Bruce Ledewitz

The roundtable discussion, Special Counsel Investigations and Legal Ethics, of which this essay is a component, could hardly have raised a more urgent issue for American public life in our time. On May 17, 2017, only four months into the presidency of Donald Trump, and shortly after President Trump's dismissal of F.B.I. Director James Comey created a crisis of confidence in the ability of the Justice Department to investigate, fully and fairly, alleged collusion between the Trump campaign and Russian officials prior to the 2016 election, the Justice Department appointed Robert Mueller III as Special Counsel to ...


Considerations In Choosing Counsel For Multidistrict Litigation Cases And Mass Tort Cases, Stanwood R. Duval Jr. Feb 2014

Considerations In Choosing Counsel For Multidistrict Litigation Cases And Mass Tort Cases, Stanwood R. Duval Jr.

Louisiana Law Review

No abstract provided.


Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo Jan 2010

Presidential Power In Historical Perspective: Reflections' On Calabresi And Yoo's The Unitary Executive, Christopher S. Yoo

Faculty Scholarship at Penn Law

On February 6 and 7, 2009, more than three dozen of the nation’s most distinguished commentators on presidential power gathered in Philadelphia to explore themes raised by a book authored by Steven Calabresi and I co-authored reviewing the history of presidential practices with respect to the unitary executive. The conference honoring our book and the special journal issue bringing together the articles presented there provide a welcome opportunity both to look backwards on the history of our project and to look forwards at the questions yet to be answered.


Implementation Of The U.S. Department Of Justice’S Special Counsel Regulations: Hearing Before The Subcomm. On Commercial And Administrative Law Of The H. Comm. On The Judiciary, 110th Cong., Feb. 26, 2008 (Statement Of Professor Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal Feb 2008

Implementation Of The U.S. Department Of Justice’S Special Counsel Regulations: Hearing Before The Subcomm. On Commercial And Administrative Law Of The H. Comm. On The Judiciary, 110th Cong., Feb. 26, 2008 (Statement Of Professor Neal Kumar Katyal, Geo. U. L. Center), Neal K. Katyal

Testimony Before Congress

No abstract provided.


Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof Apr 2002

Investigating The Special: The Symbolic Function Of The Independent Counsel, Judith Roof

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp Apr 2000

The Impeachment Of President Clinton: An Ugly Mix Of Three Powerful Forces, Karen A. Popp

Law and Contemporary Problems

Popp argues that the 1998-99 impeachment debacle resulted in large part from an ugly mix of three extremely powerful forces--an independent counsel who abused his virtually unlimited power; extreme congressional partisanship that was motivated by the desire to gain control of the government; and media outlets that continuously sought to profit from the sensationalism of it all and consistently flouted standards of professional journalism along the way.


Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky Jan 2000

Learning The Wrong Lessons From History: Why There Must Be An Independant Counsel Law, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.


Of Prosecutors And Special Prosecutors: An Organizational Perspective, Geoffrey Moulton, Daniel C. Richman Jan 2000

Of Prosecutors And Special Prosecutors: An Organizational Perspective, Geoffrey Moulton, Daniel C. Richman

Faculty Scholarship

The Independent Counsel statute, designed to restore public trust in the impartial administration of criminal justice after Watergate, ultimately fueled rather than quieted the perception that partisan politics drives the investigation of high-ranking government officials. Following the enormous controversy surrounding the investigation conducted by Independent Counsel Kenneth Starr, Congress allowed the statute to sunset. This article assesses and seeks to refute both the standard objections to the now-expired statute and the arguments in favor of a new and improved version. It rejects as false the so-called “discretion dilemma” – the idea that we must choose between under zealous investigation by regular ...


Of Prosecutors And Special Prosecutors: An Organizational Perspective, H. Geoffrey Moulton Jr., Daniel Richman Jan 2000

Of Prosecutors And Special Prosecutors: An Organizational Perspective, H. Geoffrey Moulton Jr., Daniel Richman

Faculty Scholarship

The Independent Counsel (IC) statute, designed to restore public trust in the impartial administration of criminal justice after Watergate, ultimately fueled rather than quieted the perception that partisan politics drives the investigation of high-ranking government officials. Congress, in an inspiring display of bipartisanship, bid it a muted farewell. The statute's fate was sealed by the enormous controversy surrounding the investigation conducted by Independent Counsel Kenneth Starr.

Although Start did not bring criminal charges against President Clinton, his office went pretty far in that direction, committing considerable enforcement resources to that end, bringing criminal charges against people believed to have ...


The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn Sep 1999

The Politics Of The Clinton Impeachment And The Death Of The Independent Counsel Statute: Toward Depoliticization, Marjorie Cohn

West Virginia Law Review

No abstract provided.


The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz Jan 1999

The Independent Counsel Statute: A Legal History, Benjamin J. Priester, Paul G. Rozelle, Mirah A. Horowitz

Law and Contemporary Problems

Priester et al provide a comprehensive legal history of the independent counsel statute from its inception in 1978 until its apparent last hurrah in 1999. They also explore the role of the independent counsel in the history and practice of the government's evidentiary privileges.


Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder Jan 1999

Putting Law And Politics In The Right Places — Reforming The Independent Counsel Statute, Christopher H. Schroeder

Law and Contemporary Problems

The fundamental flaw in the independent counsel statute consists of its attempt to convert a political decision, the decision whether to refer to a case of public corruption to an investigator outside normal prosecutorial offices, into a legal one. When the Independent Counsel Reauthorization Act of 1994 expires on Jun 30, 1999, it should not be reenacted unless this flaw is eliminated.


The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood Jan 1999

The Independent Counsel Statute: An Idea Whose Time Has Passed, Herbert J. Miller Jr., John P. Elwood

Law and Contemporary Problems

No abstract provided.


Can The Independent Counsel Statute Be Saved?, Katy J. Harriger Jan 1999

Can The Independent Counsel Statute Be Saved?, Katy J. Harriger

Law and Contemporary Problems

The independent counsel provisions of the Ethics in Government Act face an uncertain future. Harriger argues that the statute in its current form meets virtually none of the goals Congress intended in 1978 and that the statute should be substantially revised in an effort to minimize the costs and maximize the benefits.


The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch Jan 1999

The Independent Counsel Statute And Questions About Its Future, Orrin G. Hatch

Law and Contemporary Problems

Despite the divergence of opinion regarding the Ethics in Government Act, it appears there is a growing public consensus that the Act is genuinely and seriously flawed. Whether these flaws can be corrected is in serious doubt.


Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor Jan 1998

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Law and Contemporary Problems

Two completed investigations into allegations of presidential wrongdoing, Watergate and Iran-Contra, are examined and the offices of Independent Counselor and Special Prosecutor are discussed.


Separation Of Powers After The Independent Counsel Decision, George J. Alexander Jan 1989

Separation Of Powers After The Independent Counsel Decision, George J. Alexander

Santa Clara Law Review

No abstract provided.


Independent Counsels Under The Ethics In Government Act Of 1978: A Violation Of The Separation Of Powers Doctrine Or An Essential Check On Executive Power?, Alexander I. Tachmes Jan 1988

Independent Counsels Under The Ethics In Government Act Of 1978: A Violation Of The Separation Of Powers Doctrine Or An Essential Check On Executive Power?, Alexander I. Tachmes

University of Miami Law Review

No abstract provided.


Independent Counsel And The Constitution, Harold H. Bruff Jan 1988

Independent Counsel And The Constitution, Harold H. Bruff

Articles

No abstract provided.


Self-Love And The Judicial Power To Appoint A Special Prosecutor, James A. Cohen Jan 1987

Self-Love And The Judicial Power To Appoint A Special Prosecutor, James A. Cohen

Hofstra Law Review

No abstract provided.


Introduction, Eugene Gressman Jan 1987

Introduction, Eugene Gressman

Hofstra Law Review

No abstract provided.


The Constitutional Validity Of The Ethics In Government Act: Morrison V. Olson Jan 1987

The Constitutional Validity Of The Ethics In Government Act: Morrison V. Olson

Hofstra Law Review

No abstract provided.


Perilous Executive Power--Perspective On Special Prosecutors In New York, Lawrence T. Kurlander, Valerie Friedlander Jan 1987

Perilous Executive Power--Perspective On Special Prosecutors In New York, Lawrence T. Kurlander, Valerie Friedlander

Hofstra Law Review

No abstract provided.


The Independent Counsel Statute: A Matter Of Public Confidence And Constitutional Balance, Senator Carl Levin, Elise J. Bean Jan 1987

The Independent Counsel Statute: A Matter Of Public Confidence And Constitutional Balance, Senator Carl Levin, Elise J. Bean

Hofstra Law Review

No abstract provided.