Law and Politics Commons^™

Lies And Law, Robert F. Nagel

Publications

No abstract provided.

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Picking Federal Judges: A Mysterious Alchemy, Michael D. Schattman

Michigan Law Review

I have twice been nominated to the federal bench by President Clinton. The first nomination, in December 1995, lapsed at the end of the 104th Congress. I was renominated in March 1997. I have never had a hearing and never had a letter from the Senate Judiciary Committee requesting additional information. In 1995 and again in 1997 the White House precleared my nomination with my two home-state Republican senators. Originally, I was nominated before the scheduled retirement date of the judge I was named to replace, which gives knowledgeable readers an idea of the lack of controversy surrounding my appointment. …

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …

Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson

All Faculty Scholarship

Regardless of his finish in the primaries, Mr. Buchanan is determined to be heard from at the Republican National Convention in late summer. Mr. [Bob Dole] would like his endorsement for the votes it would provide, but cannot be serious about hoping "that Pat Buchanan would find it in his heart as a good Republican to join forces and close ranks." Can good Republicans be outright bigots? Does Mr. Dole have a political death wish?

What's in Mr. Buchanan's heart is the cause. "We'll go forward," he vowed on national television, "fighting for the cause." But the purity of the …

Pragmatism And Parity In Appointments, Yxta Maya Murray

Michigan Journal of Gender & Law

This review uses Carter's two foci as a springboard for analyzing the Article II, Section II appointment process. First, Carter's discussion of indecency in modern appointments may be a valuable theoretical insight into the process instead of a mere sociological observation. "Indecency" in appointments, or what is known as "borking" in Carter parlance, may also be a symptom of race and gender bias in the administration of the Article II, Section II power. To ameliorate the effects of this bias, I suggest the incorporation of pragmatism (a thread of philosophical and legal thought) and parity concepts into the existing appointments …

The Independent Counsel Statute: Bad Law, Bad Policy, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

The Watergate scandal-and the crisis in public confidence in government it spawned-left us many legacies, one of which is the Independent Counsel ("IC") statute. Over twenty years after the fact, the "lessons" of the scandal itself continue to be the dominant reference. It is time to evaluate the "lessons" of Watergate's legacies and, in particular, the IC mechanism.

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff

Publications

No abstract provided.

Advice And Consent In Theory And Practice, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Taking The Court Seriously: A Proposed Approach To Senate Confirmation Of Supreme Court Nominees, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.

UIC Law Review

No abstract provided.

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.

The Attorney General: Political Loyalty V. Professional Responsibility - The Ethical Challenge In Serving Three Masters, 23 J. Marshall L. Rev. 229 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.

On The Steadfastness And Courage Of Government Lawyers, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

Articles

There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …

Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins

Faculty Scholarship

We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than Congress does; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than it does. This asymmetry derives from constitutional limitations on the veto, in combination with the presence of a de facto reversionary expenditure …

The Confirmation Process: Law Or Politics?, Henry Paul Monaghan

Faculty Scholarship

In testimony before the Senate Judiciary Committee, I argued (and still believe) that Judge Robert Bork possessed surpassing qualifications for an appointment to the Supreme Court. Subsequently, I became persuaded that my submission was incomplete. Additional argument was necessary to establish that my testimony, if accepted, imposed a constitutional duty on senators to vote for confirmation. To my surprise, further reflection convinces me that no such argument is possible.

Independent Counsel And The Constitution, Harold H. Bruff

Publications

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

Congressional Standing To Sue: Whose Vote Is This, Anyway?, R. Lawrence Dessem

Faculty Publications

The article is divided into three major sections. Section I traces the development of a separate doctrine of “congressional standing.” It examines the doctrine's development from the Supreme Court's initial consideration of legislative standing through the current opinions of the United States Court of Appeals for the District of Columbia Circuit. Section II then analyzes three possible theories of congressional injury and standing. Derivative, representative, and third-party standing theories are all rejected as a basis for congressional standing. While rejecting the suggestion that congressmen possess a personal interest in “their” votes sufficient to constitute the “distinct and palpable injury” required …

Separation, Politics And Judicial Activism, Wallace Mendelson

Indiana Law Journal

Symposium: Separation of Powers

The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill

Faculty Articles and Papers

No abstract provided.

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review (1956 - )

No abstract provided.

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review (1956 - )

No abstract provided.

John Coit Spooner: Defender Of Presidents, By Dorothy Ganfield, Morris D. Forkosch

Indiana Law Journal

No abstract provided.

The Method Of Electing The President, Thomas M. Cooley, Abram S. Hewitt

Articles

Twice in the history of the United States the nation has been brought to the verge of civil war by difficulties growing out of presidential elections. And yet no system was ever devised with more care to preclude any reasonable complaint.

The New Federal Administration, Thomas M. Cooley

Articles

After four months of feverish excitement and anxious and depressing expectancy, during which no one could anticipate what a day might bring forth, and the prophets of evil with general accord tuned their voices to disaster, the heart of the nation made a great leap for joy when President Hayes, on the steps of the Capitol, proclaimed his firm purpose to carry into practical operation the pledges contained in his letter of acceptance. The mists which hung over the political affairs of the nation at once disappeared, the depression gave way to cheerful confidence, and dangerous excitement was supplanted by …