President/Executive Department Commons^™

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

UF Law Faculty Publications

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging or forcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can …

Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School

22 slides

Separation Of Powers And The Governor's Office In West Virginia: Advocating A More Deferential Approach To The Chief Executive From The Judiciary, Jason C. Pizatella

West Virginia Law Review

No abstract provided.

Appellate Court Appointments In The Second Bush Administration, Carl Tobias

University of Richmond Law Review

No abstract provided.

The Unitary Executive In The Modern Era, 1945-2004, Anthony J. Colangelo, Christopher S. Yoo, Steven G. Calabresi

Faculty Journal Articles and Book Chapters

Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the executive by committee used by the Articles of Confederation in favor of a unitary executive, in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …

Foreword - Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis (Symposium), Christina E. Wells, Jennifer K. Robbennolt

Faculty Publications

The articles and essays included or referenced in this volume discuss both the factors that affect decision making in times of crisis and their implications for law and democratic theory. Professor Cass Sunstein's keynote address, Fear and Liberty, noted that psychological biases such as the availability heuristic and probability neglect can skew risk perception, leading to excessive public fear of national security risks and unreasonable curtailment of civil liberties. According to Sunstein, courts, which are typically responsible for protecting civil liberties, often lack sufficient information to assess whether national security concerns justify incursions on civil liberties. Nevertheless, he concluded that …

Avoiding Constitutional Questions As A Three-Branch Problem, William K. Kelley

Journal Articles

This article criticizes the cardinal rule of statutory construction known as the avoidance canon - that statutes must be interpreted to avoid raising serious constitutional questions - as failing to respect the proper constitutional roles of both Congress and the Executive. It argues that the avoidance canon in practice cannot be grounded in legislative supremacy, which is the common justification for it offered by the Supreme Court, because it assumes without foundation that Congress would always prefer not to come close to the constitutional line in enacting statutes. Instead, the avoidance canon creates pressure for courts to adopt statutory meanings …

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.

Recent Developments In Social Welfare Law And The Doctrine Of Separation Of Powers, William H. Taft Iv

Indiana Law Journal

Symposium: Separation of Powers

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review (1956 - )

No abstract provided.

Comment, John J. Sparkman

Villanova Law Review (1956 - )

No abstract provided.

Comment, Birch Bayh

Villanova Law Review (1956 - )

No abstract provided.

Comment, Karl E. Mundt

Villanova Law Review (1956 - )

No abstract provided.

Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller

Villanova Law Review (1956 - )

No abstract provided.

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review (1956 - )

No abstract provided.

One Man, 3.312 Votes: A Mathematical Analysis Of The Electoral College, John F. Banzhaf Iii

Villanova Law Review (1956 - )

No abstract provided.

The Release Of Government-Owned Technical Data Under The Freedom Of Information Law: Between Scylla And Charybdis, James A. Dobkin

Villanova Law Review (1956 - )

No abstract provided.

Comment, Neal R. Peirce

Villanova Law Review (1956 - )

No abstract provided.