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President/Executive Department Commons™
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Articles 31 - 41 of 41
Full-Text Articles in President/Executive Department
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Faculty Scholarship
Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …
Federal Common Law In An Age Of Treaties, Michael P. Van Alstine
Federal Common Law In An Age Of Treaties, Michael P. Van Alstine
Faculty Scholarship
In this article Professor Van Alstine explores the interaction between the limitations on the doctrine of federal common law and the power of federal courts to interpret the law within the scope of treaties. The article first reviews the constitutional foundation for the operation of treaties as directly applicable ("self-executing") federal law. It then explains that, notwithstanding the Erie doctrine, federal courts may obtain lawmaking powers from either a delegation by Congress or in certain areas of "uniquely federal interest."
Professor Van Alstine then argues that the judicial relationship with self-executing treaty law in principle proceeds from the same source …
The Judicial Power And Treaty Delegation, Michael P. Van Alstine
The Judicial Power And Treaty Delegation, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Symposium - Bidding Adieu To The Clinton Administration: Assessing The Ramifications Of The Clinton "Scandals" On The Office Of The President And On Executive Branch Investigations
Maryland Law Review
No abstract provided.
Spinning Out Of Control: The Scancal Machine, Lanny J. Davis
Spinning Out Of Control: The Scancal Machine, Lanny J. Davis
Maryland Law Review
No abstract provided.
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
The Bakaly Debacle: The Role Of The Press In High-Profile Criminal Investigations, Julie R. O'Sullivan
Maryland Law Review
No abstract provided.
Paradise Losts: The Clinton Administration And The Erosion Of Executive Privilege, Jonathan Turley
Paradise Losts: The Clinton Administration And The Erosion Of Executive Privilege, Jonathan Turley
Maryland Law Review
No abstract provided.
The Office Of Independent Counsel And The Fatal Flaw: "They Are Left To Twist In The Wind", Abraham Dash
The Office Of Independent Counsel And The Fatal Flaw: "They Are Left To Twist In The Wind", Abraham Dash
Maryland Law Review
No abstract provided.
Falling Out Of Love With America:The Clinton Impeachment And The Madisonian Constitutions, Frank O. Bowman Iii
Falling Out Of Love With America:The Clinton Impeachment And The Madisonian Constitutions, Frank O. Bowman Iii
Maryland Law Review
No abstract provided.
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt
Maryland Law Review
No abstract provided.
Monica Lewinsky, Impeachment, And The Death Of The Independent Counsel Law: What Congress Can Salvage From The Wreckage - A Minimalist View, Ken Gormley
Maryland Law Review
No abstract provided.