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Articles 31 - 54 of 54
Full-Text Articles in President/Executive Department
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
Partisan Conflicts Over Presidential Authority, Jide Nzelibe
William & Mary Law Review
No abstract provided.
On The Difficulties Of Generalization – Pcaob In The Footsteps Of Myers, Humphrey’S Executor, Morrison And Freytag, Peter L. Strauss
On The Difficulties Of Generalization – Pcaob In The Footsteps Of Myers, Humphrey’S Executor, Morrison And Freytag, Peter L. Strauss
Faculty Scholarship
In considering what to write for this welcome occasion, I was struck by a certain resonance among Paul's scholarship – at least that of which I was first aware, and which I have often used to impress on students the problems of due process analysis – the important post he now holds, and a story our joint mentor, Walter Gellhorn, liked to tell on himself. In the wake of the Supreme Court's paradigm-shifting opinion in Goldberg v. Kelly, with its confident pronouncement of eight procedural elements that, it reasoned, minimal due process must always require of administrative procedures, Paul made …
The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss
The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss
Faculty Scholarship
Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision in Free Enterprise Fund v. Public Company Accounting Oversight Board in the context of general American concerns about the place of the President in domestic administration, a recurring theme in my writings.
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
The Limits Of Executive Power, Robert J. Reinstein
The Limits Of Executive Power, Robert J. Reinstein
American University Law Review
Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing framework for evaluating presidential power. But Jackson’s principles are conclusory, do not rest on any historical foundation, and raise as many questions as they answer. He fails to examine, much less justify, the existence or scope of implied presidential powers, nor does he meaningfully explain the extent to which those powers are subject to congressional regulation and override. I apply novel originalist methodologies to answer those unexamined questions, with important consequences to …
Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward
Congress's Power To Block Enforcement Of Federal Court Orders, Jennifer Mason Mcaward
Journal Articles
This Article considers the constitutionality and propriety of recent appropriations riders passed by the House of Representatives in response to controversial federal court rulings. The riders prohibit the use of any federal funds for the enforcement of court orders issued in specified cases. These enforcement-blocking provisions raise significant separation-of-powers concerns as between Congress and both coordinate branches of the federal government.
The Article begins by looking at the controversial First Amendment rulings that triggered the enforcement-blocking riders, and the Congressional debates over the proper way to respond to the rulings. The riders are not merely symbolic protests, but could have …
The On/Off Switch, Philip Heymann
The On/Off Switch, Philip Heymann
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements In Perspective, Nelson Lund
Presidential Signing Statements In Perspective, Nelson Lund
William & Mary Bill of Rights Journal
No abstract provided.
Litigating Presidential Signing Statements, Michele Estrin Gilman
Litigating Presidential Signing Statements, Michele Estrin Gilman
William & Mary Bill of Rights Journal
No abstract provided.
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
Presidential Signing Statements And The Rule Of Law As An "Unstructured Institution", Peter M. Shane
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
Signing Statements As Declaratory Judgments: The President As Judge, Phillip J. Cooper
William & Mary Bill of Rights Journal
No abstract provided.
Signing Statements And Divided Government, Neal Devins
Signing Statements And Divided Government, Neal Devins
William & Mary Bill of Rights Journal
No abstract provided.
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
Clinton, Kosovo, And The Final Destruction Of The War Powers Resolution, Geoffrey S. Corn
William & Mary Law Review
No abstract provided.
Conditioning The President's Conditional Pardon Power, Harold J. Krent
Conditioning The President's Conditional Pardon Power, Harold J. Krent
All Faculty Scholarship
No abstract provided.
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
Executive Privilege And Interbranch Comity After Clinton, Jonathan L. Entin
William & Mary Bill of Rights Journal
Although both constitutional theory and practical considerations offer powerful reasons for Congress and the President to prefer negotiation rather than litigation of separation of powers disputes, the Clinton Administration litigated and lost several important cases dealing with presidential power. Some commentators have suggested that these rulings will undermine the presidency for years after Clinton leaves office. Professor Entin assesses some factors, notably the phenomenon of divided government, that might have contributed to the difficulty of reaching interbranch accommodations in recent years and suggests that the long-term implications of the adverse judicial rulings may be less severe than the pessimists fear.
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
Executive Privilege: The Clinton Administration In The Courts, Neil Kinkopf
William & Mary Bill of Rights Journal
Exploring the role of the judicial branch of the federal government in Clinton-era executive privilege claims, Neil Kinkopf suggests that courts have misunderstood executive privilege. Professor Kinkopf points out that federal courts have given different treatment to executive privilege claims asserted in judicial and congressional arenas, protecting the Judiciary from encroachment by the executive branch, while avoiding becoming involved in controversies among the political branches. He argues that the judicial confusion about executive privilege stems from the fact that courts have interpreted cases such as Clinton v. Jones to be about the separation of powers between the executive and judicial …
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Constitutional Review By The Executive In Foreign Affairs And War Powers: A Consequence Of Rational Choice In The Separation Of Powers, John O. Mcginnis
Articles
No abstract provided.
Executive Control Over Criminal Law Enforcement: Some Lessons From History, Harold J. Krent
Executive Control Over Criminal Law Enforcement: Some Lessons From History, Harold J. Krent
All Faculty Scholarship
No abstract provided.
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
The President's Powers As Commander-In-Chief Versus Congress' War Power And Appropriations Power, Charles W. Bennett, Arthur B. Culvahouse, Geoffrey P. Miller, William Bradford Reynolds, William W. Van Alstyne
Faculty Publications
This joint work explores a variety of viewpoints all centered around the War Powers Resolution and its application to the situation in the Persian Gulf.
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Separation Of Political Powers: Boundaries Or Balance, Alan L. Feld
Faculty Scholarship
One of the most significant structural elements of the United States Constitution divides the political power of the government between two discrete political institutions, the Congress and the President, in order to prevent concentration of the full power of the national government in one place. This governmental structure has posed a continuing dilemma of how to allow for the shared decisionmaking necessary to effective government while maintaining the independence of each political branch. As the United States Congress reaches its two hundredth anniversary, questions concerning the relationship between Congress and the President, for a substantial time thought by legal scholars …
Introduction To The Separation Of Powers Symposium
Introduction To The Separation Of Powers Symposium
Indiana Law Journal
No abstract provided.
Separation, Politics And Judicial Activism, Wallace Mendelson
Separation, Politics And Judicial Activism, Wallace Mendelson
Indiana Law Journal
Symposium: Separation of Powers
Separation Of Powers And International Executive Agreements, Arthur W. Rovine
Separation Of Powers And International Executive Agreements, Arthur W. Rovine
Indiana Law Journal
Symposium: Separation of Powers
Seedtime Of An American Judiciary: From Independence To The Constitution, William F. Swindler
Seedtime Of An American Judiciary: From Independence To The Constitution, William F. Swindler
William & Mary Law Review
No abstract provided.