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Maurer School of Law: Indiana University

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Articles 31 - 60 of 74

Full-Text Articles in President/Executive Department

Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer Jul 2015

Lawyering Wars: Failing Leadership, Risk Aversion, And Lawyer Creep—Should We Expect More Lone Survivors?, Arthur Rizer

Indiana Law Journal

“We are a nation of laws, not men.” This motto—made famous by the Supreme Court case Marbury v. Madison1—has existed since the founding of the United States. This maxim embodies the sentiment that, in order to prevent tyranny, citizens should be governed by fixed law rather than the whims of a dictator. In his decision, Chief Justice John Marshall did not qualify his remarks by saying, “we are a nation of laws, except in time of war.” Indeed with the modern U.S. military, Cicero’s observation that “[l]aws are inoperative in war” has never been further from the truth. Never before …


The Impact Of The Obama Presidency On Civil Rights Enforcement In The United States, Joel Friedman Jan 2012

The Impact Of The Obama Presidency On Civil Rights Enforcement In The United States, Joel Friedman

Indiana Law Journal

Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? Symposium held November 12-13, 2010, Indiana University Maurer School of Law, Bloomington, Indiana


"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen Jan 2012

"The Essence Of A Free Society": The Executive Powers Legacy Of Justice Stevens And The Future Of Foreign Affairs Deference, Dawn E. Johnsen

Articles by Maurer Faculty

After 9/11, Justice John Paul Stevens insisted the United States maintain its foundational commitment to the rule of law—the very “essence of a free society.” Justice Stevens led the Court’s scrutiny and rejection of early Bush Administration policies regarding the detention and prosecution of suspected terrorists. Since it lost Justice Stevens’s passionate and principled voice in 2008, the Court has not addressed the scope of the President’s military detention authority. This Article considers Justice Stevens’s role in the Court’s altered stance, and also a complementary explanation: the Obama Administration’s improved interpretation and exercise of executive authority. Informed and inspired by …


Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown Jan 2009

Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen Jan 2008

What's A President To Do? Interpreting The Constitution In The Wake Of Bush Administration Abuses, Dawn E. Johnsen

Articles by Maurer Faculty

President George W. Bush and his executive branch lawyers have earned widespread criticism for extreme positions and practices regarding the scope of presidential authority. The war on terror that followed the September 11, 2001 terrorist attacks provided the context for their most controversial claims of unilateral authority: to override legal prohibitions on the use of torture and cruel, inhuman and degrading treatment; to hold "enemy combatants" indefinitely without access to counsel or any opportunity to challenge their detention; and to engage in domestic electronic surveillance without a court order. Our nation's welfare and integrity depend upon continued evaluation, response, and, …


All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen Jan 2008

All The President's Lawyers: How To Avoid Another "Torture Opinion" Debacle, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen Jan 2007

Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen

Articles by Maurer Faculty

Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …


The Statutory Commander In Chief, Neil Kinkopf Oct 2006

The Statutory Commander In Chief, Neil Kinkopf

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.


Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen Jan 2000

Presidential Non-Enforcement Of Constitutionally Objectionable Statutes, Dawn E. Johnsen

Articles by Maurer Faculty

This article, published in Law & Contemporary Problems, was presented at a Duke Law School conference, The Constitution Under Clinton: A Critical Assessment. It examines a recurring, unsettled issue of executive power: how the President best fulfills his constitutional responsibilities when confronted with the enforcement of a statute that he believes is unconstitutional. What should the President do if he believes enforcing a statutory provision would violate the Constitution? Should, for example, a President comply with a congressional command that he believes would violate the constitutional rights of individuals or compromise presidential power? The article examines the two prevailing approaches …


Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff Oct 1999

Bending Toward Justice: The Posthumous Pardon Of Lieutenant Henry Ossian Flipper, Darryl W. Jackson, Jeffery H. Smith, Edward H. Sisson, Helene T. Krasnoff

Indiana Law Journal

No abstract provided.


Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen Jan 1999

Executive Privilege Since United States V. Nixon: Issues Of Motivation And Accommodation, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman Jan 1988

Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman Jan 1987

Symposium: Bowsher V. Synar: Introduction, Alfred C. Aman

Articles by Maurer Faculty

The papers in this symposium examine constitutionally significant separation-of-powers themes that were particularly controversial in Franklin Roosevelt's administrations and once again command our attention. The Supreme Court's decision in cases such as Immigration & Naturalization Services v. Chadha I and Bowsher v. Synar2 have helped to resurrect questions that have been ignored, if not resolved, since the 1930s. This symposium focuses on the contemporary debate that these issues have generated, and it provides us with an array of approaches to and perspectives on that debate. As this Introduction emphasizes, that these issues have arisen before is significant, both legally and …


Presidential Immunity From Civil Liability, Aviva A. Orenstein Jan 1983

Presidential Immunity From Civil Liability, Aviva A. Orenstein

Articles by Maurer Faculty

No abstract provided.


Introduction To The Separation Of Powers Symposium Jan 1977

Introduction To The Separation Of Powers Symposium

Indiana Law Journal

No abstract provided.


Separation, Politics And Judicial Activism, Wallace Mendelson Jan 1977

Separation, Politics And Judicial Activism, Wallace Mendelson

Indiana Law Journal

Symposium: Separation of Powers


Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv Jan 1977

Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv

Indiana Law Journal

Symposium: Separation of Powers


The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp Jan 1977

The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp

Indiana Law Journal

Symposium: Separation of Powers


Checks And Balances In American Foreign Policy, John Sparkman Jan 1977

Checks And Balances In American Foreign Policy, John Sparkman

Indiana Law Journal

Symposium: Separation of Powers


The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk Jan 1977

The Congressional Veto: A Contemporary Response To Executive Encroachment On Legislative Prerogatives, James Abourezk

Indiana Law Journal

Symposium: Separation of Powers


Separation Of Powers And International Executive Agreements, Arthur W. Rovine Jan 1977

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers


A Rejoinder, David E. Engdahl Jul 1975

A Rejoinder, David E. Engdahl

Indiana Law Journal

No abstract provided.


The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi Jul 1975

The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi

Indiana Law Journal

No abstract provided.


Executive Privilege: A Constitutional Myth, By Raoul Berger, Maurice J. Holland Jr. Oct 1974

Executive Privilege: A Constitutional Myth, By Raoul Berger, Maurice J. Holland Jr.

Indiana Law Journal

No abstract provided.


Aspects Of The Executive's Power Over National Security Matters: Secrecy Classifications And Foreign Intelligence Wiretaps, Charles R. Nesson Apr 1974

Aspects Of The Executive's Power Over National Security Matters: Secrecy Classifications And Foreign Intelligence Wiretaps, Charles R. Nesson

Indiana Law Journal

No abstract provided.


The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson Jan 1972

The Catholic University Study Of Federal Legislative Drafting In The Executive Branch: A Foreword, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Roosevelt And Frankfurter: Their Correspondence, Annotated By Max Freedman, Phillip B. Kurland Jan 1968

Roosevelt And Frankfurter: Their Correspondence, Annotated By Max Freedman, Phillip B. Kurland

Indiana Law Journal

No abstract provided.


Passports, Thomas Ehrlich Jan 1966

Passports, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Lincoln As A Lawyer, By Alan T. Frank, Alan T. Nolan Jul 1963

Lincoln As A Lawyer, By Alan T. Frank, Alan T. Nolan

Indiana Law Journal

No abstract provided.


John Coit Spooner: Defender Of Presidents, By Dorothy Ganfield, Morris D. Forkosch Oct 1961

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

Indiana Law Journal

No abstract provided.