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President/Executive Department Commons

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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 41

Full-Text Articles in President/Executive Department

Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa Aug 2019

Interpreting Emoluments Today: The Framers’ Intent And The “Present” Problem, Bianca Spinosa

Maryland Law Review

No abstract provided.


The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber Nov 2017

The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber

Maryland Law Review

No abstract provided.


Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff Nov 2017

Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff

Maryland Law Review

No abstract provided.


Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen Jan 2014

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.


Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff Feb 2013

Untrodden Ground: How Presidents Interpret The Constitution, Harold H. Bruff

Schmooze 'tickets'

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.


Democratizing The Executive, Bernadette Meyler Feb 2013

Democratizing The Executive, Bernadette Meyler

Schmooze 'tickets'

No abstract provided.


Long Wars And The Constitution, Stephen M. Griffin Feb 2013

Long Wars And The Constitution, Stephen M. Griffin

Schmooze 'tickets'

No abstract provided.


The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein Feb 2013

The Law: Bush, Cheney, And The Separation Of Powers: A Lasting Legal Legacy?, Gordon Silverstein

Schmooze 'tickets'

No abstract provided.


The Myth Of The Free Trade President, Jide Nzelibe Feb 2013

The Myth Of The Free Trade President, Jide Nzelibe

Schmooze 'tickets'

No abstract provided.


The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov Feb 2013

The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov

Schmooze 'tickets'

No abstract provided.


Passive-Aggressive Executive Power, Corinna Barrett Lain Feb 2013

Passive-Aggressive Executive Power, Corinna Barrett Lain

Schmooze 'tickets'

No abstract provided.


The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker Feb 2013

The Emergency Powers Of The Judiciary, Or Necessity And German Constitutionalism, Jacqueline R. Hunsicker

Schmooze 'tickets'

No abstract provided.


Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers Jr. Feb 2013

Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers Jr.

Schmooze 'tickets'

No abstract provided.


The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn Feb 2013

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn

Schmooze 'tickets'

No abstract provided.


Getting Our Minds Around Noel Canning V. Nlrb: An Exchange, Sanford Levinson, Jack Balkin Feb 2013

Getting Our Minds Around Noel Canning V. Nlrb: An Exchange, Sanford Levinson, Jack Balkin

Schmooze 'tickets'

No abstract provided.


The Imbecilic Executive, Saikrishna Prakash Feb 2013

The Imbecilic Executive, Saikrishna Prakash

Schmooze 'tickets'

No abstract provided.


How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein Jan 2013

How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein

Maryland Law Review

No abstract provided.


Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic Jan 2013

Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic

Maryland Law Review

No abstract provided.


Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber Jan 2013

Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber

Maryland Law Review

No abstract provided.


The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov Jan 2013

The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov

Maryland Law Review

No abstract provided.


Implications Of The President’S Appointment Power, Peter E. Quint Jan 2013

Implications Of The President’S Appointment Power, Peter E. Quint

Maryland Law Review

No abstract provided.


Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr. Jan 2013

Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.

Maryland Law Review

No abstract provided.


The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius, Ronald Kahn Jan 2013

The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius, Ronald Kahn

Maryland Law Review

No abstract provided.


Passive-Aggressive Executive Power, Corinna Barrett Lain Jan 2013

Passive-Aggressive Executive Power, Corinna Barrett Lain

Maryland Law Review

No abstract provided.


The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher Jan 2013

The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher

Maryland Law Review

No abstract provided.


Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler Jan 2013

Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler

Maryland Law Review

No abstract provided.


Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams Jan 2013

Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams

Faculty Scholarship

This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …


Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young Jul 2007

Youngstown, Hamdan, And "Inherent" Emergency Presidential Policymaking Powers, Gordon G. Young

Faculty Scholarship

This brief article explores the contribution that Hamdan v Rumsfeld may have made to clarifying what should happen in the large interstices of the rules created by the Youngstown case for determining the validity of claims of Presidential power. It offers its own view of the scope of Presidential powers in extreme emergencies involving the incapacitation of the legislative branch.


Executive Aggrandizement In Foreign Affairs Lawmaking, Michael P. Van Alstine May 2006

Executive Aggrandizement In Foreign Affairs Lawmaking, Michael P. Van Alstine

Faculty Scholarship

This article analyzes the power of the President to create federal law on the foundation of the executive’s status as the constitutional representative of the United States in foreign affairs. Executive branch advocates have claimed such a power throughout constitutional history. Recent events also have revived this constitutional controversy with particular vigor. In specific, President Bush recently issued a surprise “Determination” which asserted that the implied executive powers of Article II of the Constitution permit the President to enforce in domestic law the obligations owed to foreign states under international law.

The article first sets the legal and factual context …