Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department Commons

Open Access. Powered by Scholars. Published by Universities.®

University of Maryland Francis King Carey School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

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 Aug 2004

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 Jan 2004

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 Jan 2002

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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.