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Articles 1 - 30 of 40
Full-Text Articles in President/Executive Department
Donald Trump’S Latest Tariffs Are Part Of A New Trade Strategy. The U.S. Has A Much Bigger Target Than Our Wine And Cheese, Barry Appleton
Donald Trump’S Latest Tariffs Are Part Of A New Trade Strategy. The U.S. Has A Much Bigger Target Than Our Wine And Cheese, Barry Appleton
Other Publications
No abstract provided.
The Justice Department’S Bid To Avoid Accountability, Bruce A. Green, Rebecca Roiphe
The Justice Department’S Bid To Avoid Accountability, Bruce A. Green, Rebecca Roiphe
Other Publications
No abstract provided.
How The Rhetoric Of Borders Justifies The Erosion Of Rights, Richard Sherwin
How The Rhetoric Of Borders Justifies The Erosion Of Rights, Richard Sherwin
Other Publications
No abstract provided.
Law's Tacit Dimension: Audiovisual Proof Of Incitement In The Impeachment Trial Of Donald J. Trump, Richard Sherwin
Law's Tacit Dimension: Audiovisual Proof Of Incitement In The Impeachment Trial Of Donald J. Trump, Richard Sherwin
Articles & Chapters
In arguing their case for the impeachment of Donald J. Trump for inciting a violent insurrection, prosecutors made extensive use of video images of Trump supporters violently overtaking Capitol police and ransacking the Capitol building once they had forced their way inside. But the rally video that immediately preceded Trump’s January 6 speech was ignored completely. Should it have been brought into the prosecution’s case? If it had been, how might it have aided the prosecution’s contention that Trump was guilty of inciting violent insurrection?
In this article, I contend that the prosecution team’s insufficient understanding of how, and with …
Inspectors General And The Law Of Oversight Independence, Andrew Brunsden
Inspectors General And The Law Of Oversight Independence, Andrew Brunsden
Articles & Chapters
President Trump's defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President's attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some …
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe
Articles & Chapters
President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …
The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe
The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe
Other Publications
This post originally appeared on https://www.thedailybeast.com/to-undo-robert-mueller-trump-talks-and-michael-flynn-walks-as-the-justice-department-rolls-over?ref=scroll
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
Hargis V. Bevin, Gabriella Castellano
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod
Articles & Chapters
Available at https://www.harvard-jlpp.com/
Helping David Fight Goliath: Preserving The Wto In The Trump Era, Michael Goodyear
Helping David Fight Goliath: Preserving The Wto In The Trump Era, Michael Goodyear
Articles & Chapters
The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization (WTO). The WTO is largely built on Members’ willingness to comply with its rules, and the current Dispute Settlement Understanding (DSU) is too weak to deter an avowed enemy of the WTO, such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States.
The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …
Can The Rule Of Law Survive Trump?, Rebecca Roiphe
Can The Rule Of Law Survive Trump?, Rebecca Roiphe
Other Publications
This post originally appeared on https://www.nybooks.com/daily/2018/06/01/can-the-rule-of-law-survive-trump/
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Other Publications
No abstract provided.
Which Came First, The President Or The Lie?, David Schoenbrod
Which Came First, The President Or The Lie?, David Schoenbrod
Other Publications
No abstract provided.
Obergefell Liberates Bathrooms, Ayana Osada
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Can The President Control The Department Of Justice?, Bruce Green, Rebecca Roiphe
Articles & Chapters
As the investigation into President Trump's campaign ties to Russia grows increasingly intense, it is critical to understand how much control the President has over the Attorney General and the Department of Justice. Some critics claim that the President has absolute power to direct federal prosecutors and control their decisions. The President and his lawyers, joined by several scholars, take this claim one step further by arguing that the chief executive could not be guilty of obstruction of justice because his control over all prosecutorial decisions is absolute. This issue last arose during the Nixon Administration. The Department of Justice …
May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe
May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe
Articles & Chapters
Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
The President Is The Chief Executive, But Does Not Control The Mueller Probe, Bruce Green, Rebecca Roiphe
Other Publications
No abstract provided.
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Despite Trump, Federal ‘Tort Reform’ Makes A Hasty Retreat, Joanne Doroshow
Other Publications
No abstract provided.
A History Of Prosecutorial Independence In America, Rebecca Roiphe
A History Of Prosecutorial Independence In America, Rebecca Roiphe
Other Publications
No abstract provided.
Blocking The Courts: The Trump Triple Threat, Joanne Doroshow
Blocking The Courts: The Trump Triple Threat, Joanne Doroshow
Other Publications
No abstract provided.
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Congress To Judges: We’Re The Boss Of You Now, Joanne Doroshow
Other Publications
No abstract provided.
Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard
Pentagon’S Discretion In Trump Trans Military Directive, Arthur S. Leonard
Other Publications
No abstract provided.
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Reducing Secrecy: Balancing Legitimate Government Interests With Public Accountability, Nadine Strossen
Articles & Chapters
No abstract provided.
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
NYLS Law Review
No abstract provided.
Two Great Leaders, L.A. Powe Jr.
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon
Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon
Books
By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.
The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, …
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
Ten Years On: Military Justice And Civil Liberties In The Post-9/11 Era, Eugene R. Fidell
NYLS Law Review
No abstract provided.