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 (196)
- University of Colorado Law School (68)
- University of Michigan Law School (44)
- Purdue University (28)
- UIC School of Law (16)
-
- Pepperdine University (13)
- Villanova University Charles Widger School of Law (12)
- Maurer School of Law: Indiana University (11)
- University of Georgia School of Law (9)
- Notre Dame Law School (8)
- Texas A&M University School of Law (8)
- Fordham Law School (7)
- Brooklyn Law School (6)
- Northwestern Pritzker School of Law (6)
- Penn State Dickinson Law (6)
- Roger Williams University (6)
- Georgetown University Law Center (5)
- University of Richmond (5)
- Brigham Young University Law School (4)
- Georgia State University College of Law (3)
- West Virginia University (3)
- Barry University School of Law (2)
- Boston University School of Law (2)
- Columbia Law School (2)
- Cornell University Law School (2)
- Mitchell Hamline School of Law (2)
- St. John's University School of Law (2)
- St. Mary's University (2)
- The Catholic University of America, Columbus School of Law (2)
- University of Maine School of Law (2)
- Keyword
-
- Congress (54)
- Separation of powers (30)
- United States (26)
- Constitution (24)
- Legislation (21)
-
- Presidents (19)
- Congressional oversight (17)
- Law (17)
- Supreme Court (17)
- Public lands (15)
- Regulation (15)
- Administrative law (14)
- Judicial review (14)
- President (14)
- BLM (13)
- Executive branch (13)
- Federal agencies (12)
- Federalism (12)
- Bureau of Land Management (11)
- History (11)
- National security (10)
- United States Supreme Court (10)
- Clean Water Act (9)
- Constitutional law (9)
- FLPMA (9)
- National monuments (9)
- Recreation (9)
- Regulations (9)
- Separation of Powers (9)
- Statutory interpretation (9)
- Publication Year
- Publication
-
- Seattle University Law Review (194)
- Publications (23)
- Michigan Law Review (16)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (16)
- Libraries Faculty and Staff Presentations (15)
-
- UIC Law Review (15)
- Faculty Scholarship (13)
- Libraries Faculty and Staff Scholarship and Research (13)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (12)
- Villanova Environmental Law Journal (1991 - ) (10)
- Articles (9)
- Pepperdine Law Review (9)
- Indiana Law Journal (8)
- University of Michigan Journal of Law Reform (8)
- Georgia Journal of International & Comparative Law (7)
- Celebrating the Centennial of the Antiquities Act (October 9) (6)
- Dickinson Law Review (2017-Present) (6)
- Northwestern University Law Review (6)
- Georgetown Law Faculty Publications and Other Works (5)
- Journal of Legislation (5)
- University of Richmond Law Review (5)
- Fordham Law Review (4)
- Journal of Law and Policy (4)
- Journal of the National Association of Administrative Law Judiciary (4)
- Brigham Young University Journal of Public Law (3)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (3)
- Faculty Publications (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Notre Dame Law Review (3)
- Roger Williams University Law Review (3)
- Publication Type
- File Type
Articles 331 - 360 of 507
Full-Text Articles in President/Executive Department
Taking Care Of Federal Law, Leah Litman
Taking Care Of Federal Law, Leah Litman
Articles
Article II of the Constitution vests the “executive power” in the President and directs the President to “take Care that the Laws be faithfully executed.” But do these provisions mean that only the President may execute federal law? Two lines of Supreme Court precedent suggest conflicting answers to that question. In several prominent separation-of-powers cases, the Court has suggested that only the President may execute federal law: “The Constitution requires that a President chosen by the entire Nation oversee the execution of the laws.” Therefore, the Court has reasoned, Congress may not create private rights of action that allow nonexecutive …
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman
Waste And Duplication In Nasa Programs: The Need To Enhance U.S. Space Program Efficiency, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The U.S. Government faces acute budgetary deficits and national debt problems in the Obama Administration. These problems have been brought about by decades of unsustainable government spending affecting all agencies including the National Aeronautics and Space Administration. (NASA). An outgrowth of this fiscal profligacy is the presence of wasteful and duplicative programs within NASA that prevent this agency from achieving its space science and human spaceflight objectives. These problems occur due to mismanagement of these programs from NASA and the creation of these programs by the U.S. Congress and congressional committees. This occurs because congressional appropriators tend to be more …
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov
Faculty Scholarship
No abstract provided.
Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla
Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla
Georgia Journal of International & Comparative Law
No abstract provided.
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Georgia Journal of International & Comparative Law
No abstract provided.
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action, William P. Marshall
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action, William P. Marshall
Utah Law Review
This Article agrees with the premise that increased polarization in American politics has made the work of the executive branch more difficult and that this Congress in particular has failed to act responsibly. It also agrees that presidents may no longer be able to expect that members of Congress will abandon their partisan interests in favor of the common good.9 It does not agree, however, that separation-of-powers constraints on the presidency should be adjusted to reflect this new political dynamic.
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Why Should We Care About An Agency’S Special Insight?, Stephen M. Degenaro
Why Should We Care About An Agency’S Special Insight?, Stephen M. Degenaro
Notre Dame Law Review
This Note offers some additional thoughts on the outer limits of Seminole Rock deference. Part I discusses the three concerns associated with unchecked Seminole Rock deference that comprise the self-delegation problem—violation of constitutional norms, exploitation of a statutory loophole, and perverse incentives. It explores the potential for abuse they create and recommends what the limitations should look like in order to avoid this potential. Part II explains the two rationales for Seminole Rock deference: the pragmatic and originalist rationales. It describes how the two rationales relate to each other, explains how courts use pragmatic and originalist arguments in their opinions, …
Power Games, Aneil Kovvali
Power Games, Aneil Kovvali
Michigan Law Review First Impressions
According to the traditional account, Congress has the "necessary constitutional means and personal motives to resist encroachments" by the president. As commentators have recognized, however, the traditional account does not match reality. Individuals in Washington, D.C., are more interested in fighting for their political party than for their branch of government, and the essentially reactive legislative branch lacks the capacity to respond to a rapidly changing policy environment. But the traditional account suffers from a more basic flaw. The president can decide whether or not to cooperate with Congress on a situation-by-situation basis. By contrast, Congress's tools for disciplining the …
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Marquette Law Review
In matters of oversight, Congress and the President have fundamentally incompatible views of their institutional roles within the constitutional structure. This Article offers an explanation of divergent branch behavior and legal doctrine. Congress, much like a party to litigation, views itself as having fixed substantive rights to obtain desired information from the Executive and private parties. In contrast, the Executive views itself like a party to a business transaction, in which congressional oversight requests are the opening salvo in an iterative negotiation process to resolve competing interests between co-equal branches. In general, legislators want to litigate and executive officers want …
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
Legislative Diplomacy, Ryan M. Scoville
Legislative Diplomacy, Ryan M. Scoville
Michigan Law Review
A traditional view in legal scholarship holds that the U.S. Constitution assigns the president exclusive power to carry on official diplomatic communications with foreign governments. But in fact, Congress and its members routinely engage in communications of their own. Congress, for example, receives heads of state and maintains official contacts with foreign parliaments. And individual members of the House and Senate frequently travel overseas on congressional delegations (“CODELs”) to confer with foreign leaders, investigate problems that arise, promote the interests of the United States and constituents, and even represent the president. Moreover, many of these activities have occurred ever since …
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink
The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink
Pepperdine Law Review
No abstract provided.
Land Management, U.S. Bureau Of, Bert Chapman
Land Management, U.S. Bureau Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.
Energy, U.S. Department Of, Bert Chapman
Energy, U.S. Department Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.
Colorado River Compact (1922), Bert Chapman
Colorado River Compact (1922), Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.
Hydroelectric Power, Bert Chapman
Hydroelectric Power, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.
Federal Energy Regulatory Commission, U.S., Bert Chapman
Federal Energy Regulatory Commission, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Subsidies, Agricultural, Bert Chapman
Subsidies, Agricultural, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
University of Michigan Journal of Law Reform
Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
CMC Senior Theses
In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Congress Underestimated: The Case Of The World Bank, Kristina Daugirdas
Articles
This article challenges the oft-repeated claim that international organizations undermine democracy by marginalizing national legislatures. Over the past forty years, Congress has established itself as a key player in setting U.S. policy toward the World Bank. Congress has done far more than restrain executive branch action with which it disagrees; it has affirmatively shaped the United States’ day-to-day participation in this key international organization and successfully defended its constitutional authority to do so.