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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
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
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
"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
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
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
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
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
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
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
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
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
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
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
Presidential Immunity From Civil Liability, Aviva A. Orenstein
Articles by Maurer Faculty
No abstract provided.
Introduction To The Separation Of Powers Symposium
Introduction To The Separation Of Powers Symposium
Indiana Law Journal
No abstract provided.
Separation, Politics And Judicial Activism, Wallace Mendelson
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
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
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
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
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
Separation Of Powers And International Executive Agreements, Arthur W. Rovine
Indiana Law Journal
Symposium: Separation of Powers
A Rejoinder, David E. Engdahl
The Civil Disturbance Regulations: Threats Old And New, Dominic J. Campisi
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.
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
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
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
Roosevelt And Frankfurter: Their Correspondence, Annotated By Max Freedman, Phillip B. Kurland
Indiana Law Journal
No abstract provided.
Passports, Thomas Ehrlich
Lincoln As A Lawyer, By Alan T. Frank, Alan T. Nolan
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
John Coit Spooner: Defender Of Presidents, By Dorothy Ganfield, Morris D. Forkosch
Indiana Law Journal
No abstract provided.