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2013

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Institution
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Articles 31 - 60 of 96

Full-Text Articles in President/Executive Department

Midnight Rules: A Reform Agenda, Jack M. Beermann Apr 2013

Midnight Rules: A Reform Agenda, Jack M. Beermann

Michigan Journal of Environmental & Administrative Law

There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …


A Time For Presidential Power? War Time And The Constrained Executive, David Levine Apr 2013

A Time For Presidential Power? War Time And The Constrained Executive, David Levine

Michigan Law Review

Between 2002 and 2008 I served as an intelligence officer in the U.S. Air Force. Though I had been deployed overseas several times, my primary place of duty was in the United States. When I landed at Baghdad International Airport in June 2006, however, several things immediately changed for me as a result of military regulations. I had to carry my sidearm and dog tags at all times. I could not eat anywhere other than a U.S. military installation. I could not drink alcohol. My pay was a bit higher. Personally, I was more vigilant, more aware of my surroundings. …


The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam Apr 2013

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Articles

No abstract provided.


The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman Mar 2013

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova Mar 2013

The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen Mar 2013

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise Mar 2013

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon Mar 2013

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr Mar 2013

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …


Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski Mar 2013

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam Mar 2013

Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam

Research Collection Yong Pung How School Of Law

This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …


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.


Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss Feb 2013

Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss

Pepperdine Law Review

The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …


Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts, Craig B. Forry Feb 2013

Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts, Craig B. Forry

Pepperdine Law Review

Although traditionally it has been recognized that the President is absolutely immune from personal damage liability for his official acts, there is no precedent for this rule in constitutional text or case law. However, in the case of Nixon v. Fitzgerald, the Supreme Court overruled lower federal courts in establishing a clear precedent for the President's absolute immunity from personal liability for civil damages. The author examines this decision in light of traditional principles of official immunity and analyzes the Court's holding from the standpoint of whether the President is indeed placed "above the law."


The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer Jan 2013

The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer

Pepperdine Law Review

The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …


The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco Jan 2013

The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco

Pepperdine Law Review

No abstract provided.


Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss Jan 2013

Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss

Pepperdine Law Review

No abstract provided.


Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel Jan 2013

Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel

Pepperdine Law Review

No abstract provided.