Open Access. Powered by Scholars. Published by Universities.®
President/Executive Department Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (192)
- UIC School of Law (12)
- Pepperdine University (8)
- Villanova University Charles Widger School of Law (6)
- Fordham Law School (5)
-
- Northwestern Pritzker School of Law (5)
- Penn State Dickinson Law (5)
- University of Georgia School of Law (5)
- American University Washington College of Law (4)
- Maurer School of Law: Indiana University (4)
- Notre Dame Law School (4)
- University of Maine School of Law (4)
- St. Mary's University (3)
- Texas A&M University School of Law (3)
- The Catholic University of America, Columbus School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- Barry University School of Law (2)
- Brooklyn Law School (2)
- Georgetown University Law Center (2)
- Liberty University (2)
- University of Colorado Law School (2)
- Washington and Lee University School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- Brigham Young University Law School (1)
- City University of New York (CUNY) (1)
- New York Law School (1)
- Purdue University (1)
- Roger Williams University (1)
- University of Baltimore Law (1)
- University of Kentucky (1)
- Keyword
-
- Law (13)
- Supreme Court (13)
- Constitution (11)
- Jurisprudence (9)
- Constitutional law (8)
-
- SFFA (7)
- Separation of powers (7)
- Affirmative Action (6)
- ESG (6)
- Federalism (6)
- Immigration (6)
- Judicial review (6)
- Regulation (6)
- Administrative law (5)
- Congress (5)
- Diversity (5)
- Executive power (5)
- First Amendment (5)
- Public health (5)
- Securities and exchange commission (5)
- Addiction (4)
- Artificial intelligence (4)
- Board of veterans appeals (4)
- Bva (4)
- Cavc (4)
- Constitutional Law (4)
- Court of appeals for veterans claims (4)
- Courts (4)
- Federal courts (4)
- Government (4)
- Publication Year
- Publication
-
- Seattle University Law Review (192)
- UIC Law Review (12)
- Villanova Environmental Law Journal (1991 - ) (6)
- Dickinson Law Review (2017-Present) (5)
- Northwestern University Law Review (5)
-
- Faculty Scholarship (4)
- Journal of the National Association of Administrative Law Judiciary (4)
- Maine Law Review (4)
- Pepperdine Law Review (4)
- Fordham Law Review (3)
- Georgia Journal of International & Comparative Law (3)
- Indiana Law Journal (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- Touro Law Review (3)
- Barry Law Review (2)
- Catholic University Law Review (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal of Legislation (2)
- Notre Dame Law Review (2)
- Publications (2)
- Scholarly Articles in Law Reviews & Journals (2)
- Scholarly Works (2)
- Amicus Briefs & Court Filings (1)
- Articles (1)
- BYU Law Review (1)
- Brooklyn Law Review (1)
- Cardozo Journal of Equal Rights & Social Justice (1)
- Catholic University Journal of Law and Technology (1)
- Dissertations and Theses (1)
- Helms School of Government Undergraduate Law Review (1)
- Publication Type
- File Type
Articles 271 - 293 of 293
Full-Text Articles in President/Executive Department
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
Scholarly Works
References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.
But what does it really …
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen
Faculty Scholarship
References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.
But what does it really …
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.
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.
Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Incompatibility Principle, Harold H. Bruff
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano
UIC Law Review
No abstract provided.
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
Limiting The Presidency To Natural Born Citizens Violates Due Process, 39 J. Marshall L. Rev. 1343 (2006), Paul A. Clark
UIC Law Review
No abstract provided.
Clinton's Guantanamo, Brandt Goldstein
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
UIC Law Review
No abstract provided.
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
UIC Law Review
No abstract provided.
The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill
UIC Law Review
No abstract provided.
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
Constitutional Hardball, 37 J. Marshall L. Rev. 523 (2004), Mark Tushnet
UIC Law Review
No abstract provided.
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca
Law Faculty Scholarly Articles
Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
Judicial Institutions In Emerging Federal Systems: The Marshall Court And The European Court Of Justice, 33 J. Marshall L. Rev. 1063 (2000), Herbert A. Johnson
UIC Law Review
No abstract provided.
Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden
Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden
UIC Law Review
No abstract provided.
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski
Faculty Scholarship
A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
International Environmental Law: Boundaries, Landmarks, And Realities, Lakshman Guruswamy
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
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.
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton
UIC Law Review
No abstract provided.
Accountability To The Law, Walter F. Mondale
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson
Touro Law Review
No abstract provided.
The Jurisprudence Of Thomas Jefferson, L. K. Caldwell
The Jurisprudence Of Thomas Jefferson, L. K. Caldwell
Indiana Law Journal
No abstract provided.