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Articles 541 - 570 of 629
Full-Text Articles in Law and Politics
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.
The Political Branches And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Jr.
Journal Articles
In the late eighteenth and early nineteenth centuries, the U.S. Supreme Court went out of its way to follow background rules of the law of nations, particularly the law of state-state relations. As we have recently argued, the Court followed the law of nations because adherence to such law preserved the constitutional prerogatives of the political branches to conduct foreign relations and decide momentous questions of war and peace. Although we focused primarily on the extent to which the Constitution obligated courts to follow the law of nations in the early republic, the explanation we offered rested on an important, …
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
In Defense Of The Post-Partisan President: Toward The Boundary Between "Partisan" Advantage And "Political" Choice, David C. Weiss
Brigham Young University Journal of Public Law
No abstract provided.
Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet
Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet
Georgia Law Review
Since the enactment of the Constitution, scholars have fiercely debated the question of the appropriate balance between the branches of the federal government in matters of foreign affairs. Recently, the Supreme Court set forth some guidelines for striking this balance between the Executive and the Judicial Branches in litigation implicating foreign affairs,yet the guidelines leave much of this debate unresolved. A cross-section of recent appellate court decisions illustrates how lower courts have filled in these gaps when assessing how much deference to give an Executive's Statement of Interest filed in cases concerning foreign affairs. This Note extracts from these cases …
Disclosing 'Political' Oversight Of Agency Decision Making, Nina A. Mendelson
Disclosing 'Political' Oversight Of Agency Decision Making, Nina A. Mendelson
Articles
Scholars and courts have divided views on whether presidential supervision enhances the legitimacy of the administrative state. For some, that the President can supervise administrative agencies is key to seeing agency action as legitimate, because of the President's accountability to the electorate. Others, however, have argued that such supervision may simply taint, rather than legitimate, an agency action. The reality is that presidential supervision of agency rulemaking, at least, appears to be both significant and opaque. This Article presents evidence from multiple presidential administrations suggesting that regulatory review conducted by the White House's Office of Management and Budget is associated …
Constitutional Expectations, Richard A. Primus
Constitutional Expectations, Richard A. Primus
Articles
The inauguration of Barack Obama was marred by one of the smallest constitutional crises in American history. As we all remember, the President did not quite recite his oath as it appears in the Constitution. The error bothered enough people that the White House redid the ceremony a day later, taking care to get the constitutional text exactly right. Or that, at least, is what everyone thinks happened. What actually happened is more interesting. The second time through, the President again departed from the Constitution's text. But the second time, nobody minded. Or even noticed. In that unremarked feature of …
Agency Hygiene, Nicholas Bagley
Agency Hygiene, Nicholas Bagley
Articles
Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an alternative solution for eliminating interest-group capture. First, he suggests establishing a body within the Executive Branch that proactively investigates and documents capture dynamics. Second, he suggests creating legislative mechanisms that will encourage Congressional action on the body’s recommendations, and perhaps, more provocatively, requiring the Executive Branch to enact any such recommendations in the absence of Congress’s formal objection.
Climate Change And Institutional Competence, Mark Squillace
Climate Change And Institutional Competence, Mark Squillace
Publications
No abstract provided.
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
The Long War, The Federal Courts, And The Necessity/Legality Paradox, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
Kenneth W. Starr: A Biography, Ronald D. Rotunda
Kenneth W. Starr: A Biography, Ronald D. Rotunda
Law Faculty Books and Book Chapters
A biography of Kenneth Starr, American lawyer and judge best known for his controversial report that led to the impeachment of President Clinton.
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
UIC Law Review
No abstract provided.
The Unaccountability Of The Accounting Regulators: Analyzing The Constitutionality Of The Public Company Accounting Oversight Board, 42 J. Marshall L. Rev. 1019 (2009), Whitney Innes
UIC Law Review
No abstract provided.
Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines
Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines
UIC Law Review
No abstract provided.
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman
Political Control Of Federal Prosecutions: Looking Back And Looking Forward, Daniel C. Richman
Faculty Scholarship
This Essay explores the mechanisms of control over federal criminal enforcement that the administration and Congress used or failed to use during George W. Bush's presidency. It gives particular attention to Congress, not because legislators played a dominant role, but because they generally chose to play such a subordinate role. My fear is that the media focus on management inadequacies or abuses within the Justice Department during the Bush administration might lead policymakers and observers to overlook the hard questions that remain about how the federal criminal bureaucracy should be structured and guided during a period of rapidly shifting priorities …
Legislating Clear-Statement Regimes In National-Security Law, Jonathan F. Mitchell
Legislating Clear-Statement Regimes In National-Security Law, Jonathan F. Mitchell
Georgia Law Review
Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution,for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes"them. And the Foreign Intelligence Surveillance Act of 1978 required its own amendment or repeal of its "exclusive means"provision before authorizing warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization"for …
Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson
Quick Off The Mark? In Favor Of Empowering The President-Elect, Nina A. Mendelson
Articles
The United States’s presidential transition period is too long. Between November 7, 2008, and January 20, 2009, the media quickly identified a “‘leadership vacuum.’” In contrast to those of President-elect Obama, President Bush’s approval ratings were at historic lows. One reporter commented in late November, “The markets, at least, seem to be listening to one [P]resident—and he’s not the one in the Oval Office,” and another noted that “everyone . . . ignores the actions of the lame duck.”
Human Rights Hero - President Barack Obama, Stephen Wermiel
Human Rights Hero - President Barack Obama, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Courts Under President Obama, Scott A. Moss
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Optimal Political Control Of The Bureaucracy, Matthew C. Stephenson
Michigan Law Review
It is widely believed that insulating an administrative agency from the influence of elected officials, whatever its other benefits orjustifications, reduces the agency's responsiveness to the preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian problems inherent in bureaucratic policymaking. An elected politician, though responsive to majoritarian preferences, will almost always deviate from the majority in one direction or the other Therefore, even if the average policy position of a given elected official tends to track the policy views of the median voter …
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
UF Law Faculty Publications
Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging or forcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can …
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias
University of Richmond Law Review
No abstract provided.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper
Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper
UIC Law Review
No abstract provided.
The Story Of The Steel Seizure Case, Patricia L. Bellia
The Story Of The Steel Seizure Case, Patricia L. Bellia
Book Chapters
In 1952, during the Korean War, President Truman seized control of American steel mills to prevent a strike that threatened the war effort. This action, prompted by a labor dispute between steelworkers and operators, led to a landmark Supreme Court case, Youngstown Sheet & Tube Co. v. Sawyer. The Court ultimately ruled that the President lacked the authority to seize the steel mills without explicit congressional authorization, establishing limits on presidential power.
The Scope Of Executive Power In The Twenty-First Century: An Introduction, Robert D. Sloane
The Scope Of Executive Power In The Twenty-First Century: An Introduction, Robert D. Sloane
Faculty Scholarship
This is a revised version of introductory remarks to a panel entitled The Scope of Executive Power held on October 12, 2007, at Boston University Law School's symposium, The Role of the President in the 21st Century. It focuses on an argument advanced by Charlie Savage, among others: that the Bush administration has forged a breathtakingly robust view of the scope of executive power by combining (1) the original Unitary Executive thesis, which insists on the "exclusivity" of certain plenary presidential powers; with (2) a new Unitary Executive thesis, which insists on a vastly expanded vision of the "scope" of …
Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Gregory S. Parks, Jeffrey J. Rachlinski, Richard A. Epstein
Debate, Implicit Race Bias And The 2008 Presidential Election: Much Ado About Nothing?, Gregory S. Parks, Jeffrey J. Rachlinski, Richard A. Epstein
Cornell Law Faculty Publications
The election of Barack Obama marks a significant milestone for race relations in our nation—on this much our debaters agree. The meaning of this milestone for the future of race-based policies, such as affirmative action and antidiscrimination laws, is where they disagree. Dr. Gregory Parks and Professor Jeffrey Rachlinski argue that any announcement of the arrival of a “post-racial America” is premature, as the presidential campaign actually revealed an implicit racial bias present in “most white adult brains.” The stereotypical criticisms of Obama, explicit racial references by supporters of opposing candidates, and “deeply racially stratified voting” were, in fact, “reflection[s] …
Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee
Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki
Signing Statements And The New Supreme Court: The Future Of Presidential Expression, 40 J. Marshall L. Rev. 1317 (2007), Anne Skrodzki
UIC Law Review
No abstract provided.
Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon
Lincoln And Chief Justice Taney: Slavery, Secession, And The President's War Powers, James F. Simon
Books
The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed What Kind of Nation, brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.