President/Executive Department Commons^™

Effects Of Senate Bill 4 On Wage-Theft: Why All Workers Are At Risk In Low-Income Occupations, Daniella Salas-Chacon

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Undocumented Crime Victims: Unheard, Unnumbered, And Unprotected, Pauline Portillo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

U.S. Government Aviation Safety Information Resources, Bert Chapman

Libraries Faculty and Staff Presentations

Presentation covering U.S. Government aviation safety information resources. Topics addressed include U.S. laws,legislation, regulations, court cases, information resources from agencies such as the Federal Aviation Administration, Transportation Security Administration, National Aeronautics and Space Administration, congressional aviation oversight committees and congressional support agencies including the Congressional Budget Office, Congressional Research Service, and Government Accountability Office.

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy principles …

How To Think Constitutionally About Prerogative: A Study Of Early American Usage, Matthew J. Steilen

Journal Articles

This Article challenges the view of “prerogative” as a discretionary authority to act outside the law. For seventy years, political scientists, lawyers and judges have drawn on John Locke’s account of prerogative in the Second Treatise, using it to read foundational texts in American constitutional law. American writings on prerogative produced between 1760 and 1788 are rarely discussed (excepting The Federalist), though these materials exist in abundance. Based on a study of over 700 of these texts, including pamphlets, broadsides, letters, essays, newspaper items, state papers, and legislative debates, this Article argues that early Americans almost never used “prerogative” as …

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

Rwu First Amendment Blog: David Logan's Blog: Media Centralization Imperils Marketplace Of Ideas 04-05-2018, David A. Logan

Law School Blogs

No abstract provided.

Racism And Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt] “Does racism constitute a legitimate basis for removing a president? More generally, what is the scope of Congress's removal power?

”In all but the most extraordinary circumstances, the remedy for incompetent political leadership -indeed, even abhorrent political leadership lies in the next election. But the Constitution does provide Congress with tools to remove certain federal officeholders between elections.”

The Rise Of Trump And The Death Of Civility, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways in which civility may repress dissent and maintain hierarchy. Although I consider the degree to which Trump’s actions are strategic, I ultimately argue that Trump’s incivilities should be understood as an …

Presidential Control Over International Law, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes even when it is likely that Congress would disagree, the President has developed the authority to:

(a) make a vast array of international obligations for the United States, through both written agreements and the development of customary international law;

(b) make increasingly consequential political commitments for the United States on practically any topic;

(c) interpret these obligations and commitments; and

(d) terminate or withdraw from these obligations and commitments.

While others have examined pieces of this …

Political Norms, Constitutional Conventions, And President Donald Trump, Neil S. Siegel

Faculty Scholarship

This symposium Essay argues that what is most troubling about the conduct of President Trump during and since the 2016 U.S. presidential campaign is not any potential violations of the U.S. Constitution or federal law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential candidates and Presidents, and his flouting of nonlegal but obligatory “constitutional conventions” that had previously guided and disciplined occupants of the White House. These norms and conventions, although not “in” the Constitution, play a …

Bold Executive Action And False Equivalence, Stephen H. Legomsky

Roger Williams University Law Review

No abstract provided.

Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman

The US Army War College Quarterly: Parameters

This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …

President Bush, President Obama, And Executive Orders, Catie Witt

The Eastern Illinois University Political Science Review

This article examines the use of executive orders issued during the presidencies of George W. Bush and Barak Obama. Using case studies of the most significant executive order issued by each president, and by using quantitative data on the number of executive orders issued by each president during their first term in office, the author finds evidence that supports the “two presidencies” thesis. Moreover, the author finds evidence supporting the theory that Republican presidents are more likely to issue executive orders related to foreign policy, whereas Democratic presidents are more likely to issue executive orders related to domestic policy. Also, …

A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington

The Eastern Illinois University Political Science Review

For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.

Norms, Law And The Impeachment Power, John M. Greabe

Law Faculty Scholarship

[Excerpt]

"Most experts believe that, while a president can be criminally prosecuted after leaving office, he cannot be prosecuted while he is president. And while the president may be sued civilly while holding office, the office confers powerful immunities and other constitutional defenses that are unavailable to ordinary civilian defendants."

Newsroom: Golocalprov: Vargas '20 On Trump And The Future Of The Ri Gop 08-17-2017, Golocalprov Political Team, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Law Faculty Scholarship

[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."

The Trump Presidency And The Press, John M. Greabe

Law Faculty Scholarship

[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."

Can President Trump 'Open Up' The Libel Laws?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Libel and slander are branches of the law of defamation. Defamation law authorizes remedies for reputational harm caused by some false statements of fact. A libel is a defamatory statement that is printed or written; a slander is a defamatory statement that is spoken.

During the 2016 presidential campaign, candidate Donald Trump suggested that, if elected, he would "open up our libel laws" to facilitate lawsuits by public officials against news organizations."

Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Realizing An Opportunity: Limiting The Power Of The Executive In The Iraqi Constitution, Cory Kopitzke

Indiana Journal of Constitutional Design

In the summer of 2015, Iraqi citizens took to the streets in protest. After going without essential services, such as electricity, in the sweltering heat and after enduring corruption that undermined Iraqi forces battling the Islamic State, these citizens called for meaningful changes in the management of the Iraqi government and for the fulfillment of “democratic aspirations” enshrined in the Iraqi Constitution. In response to these protests, Iraqi Prime Minister, Haider al-Abadi, proposed sweeping reform measures to combat the decisive divides in the current administration. These reforms called for drastic change—including the elimination of the vice-president and deputy prime minister …

Does The Constitution Allow President To Ban Muslims?, John M. Greabe

Law Faculty Scholarship

[Excerpt] "The president-elect has stated that he intends to protect national security by banning Muslim immigration into the United States. He also has signaled an openness to some form of Muslim registration program. Does the Constitution impose barriers to the adoption of such policies?"

Military Cyber Professionals Have An Important Part To Play In The Obama-Trump Transition, Michael V. Hayden

Military Cyber Affairs

Over the course of decades in service, I have experienced multiple presidential transitions. Each new Commander in Chief updates policies, personnel, and priorities…especially when the transition involves a new political party. In this respect, the current transition from the Obama to the Trump administration is no different. While this periodic exercise of our democracy may seem disruptive to some, it is a true opportunity for military cyber professionals to help shape our future national security posture.

Why You Can’T Count On Congress To Rein In A President Trump, Lori Cox Han

Political Science Faculty Articles and Research

"Donald Trump has made many promises on the campaign trail about things he will fix (a broken immigration system), change (the way trade deals are negotiated), and build (a wall on the southern border) if elected president. Those who do not support Trump, regardless of political party, comfort themselves with the constitutional reminder that our government includes three co-equal branches designed to protect against the accumulation of too much power in too few hands. Those checks and balances aside, could President Trump accomplish any of his stated objectives through unilateral actions?"

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Executive Order 13492: Legal Borderlands, Laura Diaz

Themis: Research Journal of Justice Studies and Forensic Science

On January 22, 2009, newly inaugurated President Barack Obama implemented Executive Order 13492. The order refers to the legal disposition of detainees at the Guantánamo Bay Naval Base and the termination of the detention center. The Executive Order lists five possible options to close Guantánamo Bay and to otherwise try and place current prisoners elsewhere: prosecution under military law, prosecution under federal law, permanent detainment, deportation and release. Still, Guantánamo Bay remains open. Guantánamo detainees exist in a legal limbo without formal charges and trial. Executive Order 13492 was created to place them elsewhere and close the detention center.