Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 36

Full-Text Articles in Law

False Consciousness And Presidential War Power: Examining The Shadowy Bends Of Constitutional Curvature, Saby Ghoshray Jan 2009

False Consciousness And Presidential War Power: Examining The Shadowy Bends Of Constitutional Curvature, Saby Ghoshray

Santa Clara Law Review

No abstract provided.


The Constitution, The Camps & The Humanitarian Fifth Amendment, Tucker Culbertson Jan 2008

The Constitution, The Camps & The Humanitarian Fifth Amendment, Tucker Culbertson

University of Miami Law Review

No abstract provided.


Entering Unprecedented Terrain: Charting A Method To Reduce Madness In Post-9/11 Power And Rights Conflicts, Mario L. Barnes, F. Greg Bowman Jan 2008

Entering Unprecedented Terrain: Charting A Method To Reduce Madness In Post-9/11 Power And Rights Conflicts, Mario L. Barnes, F. Greg Bowman

University of Miami Law Review

No abstract provided.


The Statutory Commander In Chief, Neil Kinkopf Oct 2006

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Lost Constitutional Moorings: Recovering The War Power, Louis Fisher Oct 2006

Lost Constitutional Moorings: Recovering The War Power, Louis Fisher

Indiana Law Journal

For the past half century, Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or at any time thereafter. Similar false claims of authority have been made by Presidents since that time. These constitutional violations have been assisted …


Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder Oct 2006

Loaded Dice And Other Problems: A Further Reflection On The Statutory Commander In Chief, Christopher H. Schroeder

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Regulating The Commander In Chief: Some Theories, Saikrishna Prakash Oct 2006

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown Apr 2006

Marshall, Marbury, And Mr. Byrd: America Unchecked And Imbalanced (Reviewing Losing America By Senator Robert C. Bryd), Gerald G. Ashdown

West Virginia Law Review

No abstract provided.


"Get Out Now Or Risk Being Taken Out By Force": Judicial Review Of State Government Emergency Power Following A Natural Disaster, Michael Cook Jan 2006

"Get Out Now Or Risk Being Taken Out By Force": Judicial Review Of State Government Emergency Power Following A Natural Disaster, Michael Cook

Case Western Reserve Law Review

No abstract provided.


Rethinking The War Powers Resolution: A Strengthened Check On Unfettered Presidential Decision Making Abroad, Kelly L. Cowan Jan 2004

Rethinking The War Powers Resolution: A Strengthened Check On Unfettered Presidential Decision Making Abroad, Kelly L. Cowan

Santa Clara Law Review

No abstract provided.


With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz Jan 2004

With All Due Deference: Judicial Responsibility In A Time Of Crisis, Hon. Shira A. Scheindlin, Matthew L. Schwartz

Hofstra Law Review

No abstract provided.


The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge Jan 2004

The Anti-Emergency Constitution, Laurence H. Tribe, Patrick O. Gudridge

Articles

No abstract provided.


The Legal Case Against The Global War On Terror, Mary Ellen O'Connell Jan 2004

The Legal Case Against The Global War On Terror, Mary Ellen O'Connell

Case Western Reserve Journal of International Law

No abstract provided.


"Preemptive War": Is It Constitutional?, John B. Mitchell Jan 2004

"Preemptive War": Is It Constitutional?, John B. Mitchell

Santa Clara Law Review

No abstract provided.


War Powers: What Are They Good For?: Congressional Disapproval Of The President's Military Actions And The Merits Of A Congressional Suit Against The President, Andrew D. Lemar Oct 2003

War Powers: What Are They Good For?: Congressional Disapproval Of The President's Military Actions And The Merits Of A Congressional Suit Against The President, Andrew D. Lemar

Indiana Law Journal

No abstract provided.


Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber Jan 2002

Korematsu's Ghost: A Post-September 11th Analysis Of Race And National Security, Liam Braber

Villanova Law Review

No abstract provided.


Sidestepping Congress: Presidents Acting Under The Un And Nato, Louis Fisher Jan 1997

Sidestepping Congress: Presidents Acting Under The Un And Nato, Louis Fisher

Case Western Reserve Law Review

No abstract provided.


Learning Mcnamara's Lessons: How The War Powers Resolution Advances The Rule Of Law, Peter M. Shane Jan 1997

Learning Mcnamara's Lessons: How The War Powers Resolution Advances The Rule Of Law, Peter M. Shane

Case Western Reserve Law Review

No abstract provided.


The Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin Jan 1997

The Dog That Rarely Barks: Why The Courts Won't Resolve The War Powers Debate, Jonathan L. Entin

Case Western Reserve Law Review

No abstract provided.


The Spontaneous Order Of War Powers, John O. Mcginnis Jan 1997

The Spontaneous Order Of War Powers, John O. Mcginnis

Case Western Reserve Law Review

No abstract provided.


War Powers "Short Of War", Louis Henkin Oct 1996

War Powers "Short Of War", Louis Henkin

University of Miami Law Review

No abstract provided.


Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon Oct 1995

Too Far Apart: Repeal The War Powers Resolution, Michael J. Glennon

University of Miami Law Review

No abstract provided.


War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh Oct 1995

War And Responsibility In The Dole-Gingrich Congress, Harold Hongju Koh

University of Miami Law Review

No abstract provided.


The Power Over War, Abraham D. Sofaer Oct 1995

The Power Over War, Abraham D. Sofaer

University of Miami Law Review

No abstract provided.


"Little Wars" And The Constitution, Jules Lobel Oct 1995

"Little Wars" And The Constitution, Jules Lobel

University of Miami Law Review

No abstract provided.


Ely, Black, Grotius & Vattel, Patrick O. Gudridge Oct 1995

Ely, Black, Grotius & Vattel, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.


After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger Oct 1995

After The Cold War: Presidential Power And The Use Of Military Force, Walter Dellinger

University of Miami Law Review

No abstract provided.


The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman Oct 1995

The Relevance Of The International Order To The Internal Allocation Of Powers To Use Force, Bernard H. Oxman

University of Miami Law Review

No abstract provided.


Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh Oct 1995

Constitutional Control Over War Powers: A Common Core Of Accountability In Democratic Societies?, Lori Fisler Damrosh

University of Miami Law Review

No abstract provided.


War Powers And Congress, Dante Fascell Oct 1995

War Powers And Congress, Dante Fascell

University of Miami Law Review

No abstract provided.