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Rule of Law

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Articles 241 - 270 of 290

Full-Text Articles in President/Executive Department

Law Matters, Even To The Executive, Julian Davis Mortenson Apr 2014

Law Matters, Even To The Executive, Julian Davis Mortenson

Michigan Law Review

In both constitutional and international law, many legal rules cannot be implemented without what most people would describe as the voluntary compliance of their target. Is that really “law”? Or is rule compliance in such circumstances just an expression of “interests”? Forget jurisprudence for the moment. As a practical matter, what does it mean to work as a lawyer in a field where the rules are not coercively enforced against private parties by an independent judiciary whose orders are implemented by a cooperative executive? This question has particularly high stakes for national security policy, where we find judicial deference at …


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise Mar 2013

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr Mar 2013

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski Mar 2013

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane Feb 2013

Executive Power, The Rule Of Law And The First Obama Administration, Peter M. Shane

Schmooze 'tickets'

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

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 …


Pakistan's Political Upheaval: The Demise Of Nuclear Democracy, Jared M. Lee Jan 2007

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 Jan 2007

When To Push The Envelope: Legal Ethics, The Rule Of Law, And National Security Strategy, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies Apr 2006

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann Jan 2006

The ‘Rule Of Law’ And The Military Commission, Stephen Ellmann

Articles & Chapters

No abstract provided.


Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies Apr 2004

Judging Terror In The "Zone Of Twilight" Exigency, Institutional Equity, And Procedure After September 11, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld Jul 2001

The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld

Articles

The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.


Congressional Control Of Agency Privilege, Mark A. Luscombe Jan 1976

Congressional Control Of Agency Privilege, Mark A. Luscombe

University of Michigan Journal of Law Reform

This note seeks to provide an introductory and largely historical analysis of "agency privilege:" the refusal of federal executive officials to furnish information and documents to congressional bodies absent the invocation of a claim of privilege by the President. After a brief survey of the origins of agency privilege in part I, the history and nature of the competing interests of congressional investigations and autonomy of executive departments and agencies will be discussed in part II. Part III explores the constitutional basis of the claim and analyzes other justifications proffered in specific circumstances. Part IV weighs the merits of various …


Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler Jul 1975

Fragile Coalition Interviews - Group - Tapes 4&5, July 11-12, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Group - Tapes 2&3, July 11, 1975, M. Caldwell Butler Jul 1975

Fragile Coalition Interviews - Group - Tapes 2&3, July 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Group - Tape 1, July 11, 1975, M. Caldwell Butler Jul 1975

Fragile Coalition Interviews - Group - Tape 1, July 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler Jul 1975

M. Caldwell Butler Audio Diary - Digest Of Transcripts, July 10,1975, M. Caldwell Butler

Butler-Woodlief Recordings

No abstract provided.


Fragile Coalition Interviews - Hamilton Fish Jr., June 26, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Hamilton Fish Jr., June 26, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - James R. Mann, June 19, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - James R. Mann, June 19, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - M. Caldwell Butler, June 19, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - M. Caldwell Butler, June 19, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - William S. Cohen, June 17, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - William S. Cohen, June 17, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Raymond H. Thornton., June 13, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Raymond H. Thornton., June 13, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Thomas F. Railsback, June 11, 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Thomas F. Railsback, June 11, 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Introduction, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Introduction, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Walter Flowers, June 1975, M. Caldwell Butler Jun 1975

Fragile Coalition Interviews - Walter Flowers, June 1975, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler Jan 1975

Fragile Coalition Interviews - Corrected Transcripts - Thornton, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler Jan 1975

Fragile Coalition Interviews - Corrected Transcripts - Railsback, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.


Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler Jan 1975

Fragile Coalition Interviews - Corrected Transcripts - Flowers, M. Caldwell Butler

Fragile Coalition Interviews

No abstract provided.