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Articles 1051 - 1080 of 2467
Full-Text Articles in President/Executive Department
Representative/Senator Trump?, Gary S. Lawson
Representative/Senator Trump?, Gary S. Lawson
Faculty Scholarship
The American presidency is a much more powerful office in 2017 than was contemplated by the Constitution of 1788. In large measure, that is because Congress has unconstitutionally subdelegated many of its legislative powers to the President. The President thus effectively functions as the Congress to a significant degree, which not only perverts the constitutional structure but also significantly raises the stakes of presidential elections. There is no good reason to expect Congress or the courts to stem the tide of subdelegation. Presidents, however, have a number of tools available to resist, and even reverse, that tide. While there is …
Trump As A Constitutional Failure, Jamal Greene
Trump As A Constitutional Failure, Jamal Greene
Faculty Scholarship
The election of Donald Trump as president represented a failure of American politics. Trump is a serial liar, a sexual predator, deeply conflicted financially, hostile to bedrock democratic institutions such as free press, and ignorant of even the broad brushstrokes of important policy matters. The best evidence suggests that he is a white nationalist, a plutocrat, and a professional con artist, dangerously attracted to corrupt and incompetent sycophants, self-obsessed and aggressive to the point of psychopathy, and otherwise temperamentally unfit to be in charge of the world’s largest military and nuclear arsenal. There is some evidence that Trump or members …
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
"Enemy Of The People": Negotiating News At The White House, Carol Pauli
Faculty Scholarship
How can the press serve as a check on executive power when the president calls it “fake” and the White House denies facts? As journalists debate the right response, this article offers advice from the perspective of a journalist who is now in the legal academy. Drawing on legal scholarship in the field of conflict resolution — as well as literature in journalism and political science — this article analyzes the White House press briefing as a negotiation over both the content of news and the relationship of the press and president. It aims to help the press fulfill the …
Obama's Conversion On Same-Sex Marriage: The Social Foundations Of Individual Rights, Robert L. Tsai
Obama's Conversion On Same-Sex Marriage: The Social Foundations Of Individual Rights, Robert L. Tsai
Faculty Scholarship
This essay explores how presidents who wish to seize a leadership role over the development of rights must tend to the social foundations of those rights. Broad cultural changes alone do not guarantee success, nor do they dictate the substance of constitutional ideas. Rather, presidential aides must actively re-characterize the social conditions in which rights are made, disseminated, and enforced. An administration must articulate a strategically plausible theory of a particular right, ensure there is cultural and institutional support for that right, and work to minimize blowback. Executive branch officials must seek to transform and popularize legal concepts while working …
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Travel Ban Update: Ninth Circuit Holds Eo-3 Exceeds President’S Power, Peter Margulies
Law Faculty Scholarship
No abstract provided.
United States V. Osage Wind, Llc, Summer Carmack
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Travel Ban Update: Without Addressing The Merits, The Supreme Court Stays Injunction Pending Further Proceedings, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Fragility Of The Free American Press, Ronnell Andersen Jones, Sonja R. West
The Fragility Of The Free American Press, Ronnell Andersen Jones, Sonja R. West
Northwestern University Law Review
President Donald Trump has faced criticism for attacking the press and for abandoning longstanding traditions of accommodating and respecting it. This Essay argues that the national discussion spurred by Trump’s treatment of the press has fallen short of capturing the true seriousness of the situation. Trump’s assault on the custom of press accommodation follows a generation-long collapse of other major press protections. In order to fully understand the critical juncture at which American press freedom now stands, we must expand the discussion beyond talk of a rogue president’s aberrant attacks on the press and consider the increasingly fragile edifice on …
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Newsroom: Center Of The Storm: Rwu Law And Daca 11-21-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
@Potus: Rethinking Presidential Immunity In The Time Of Twitter, Douglas B. Mckechnie
@Potus: Rethinking Presidential Immunity In The Time Of Twitter, Douglas B. Mckechnie
University of Miami Law Review
President Donald Trump’s use of Twitter portends a turning point in presidential communication. His Tweets animate his base and enrage his opponents. Tweets, however, like any form of communication, can ruin reputations. In Nixon v. Fitzgerald, the Supreme Court determined that a president retains absolute immunity for all actions that fall within the “outer perimeter” of his official duties. This Article explores the “outer perimeter” of presidential immunity. It suggests the First, Fifth, and Fourteenth Amendments inform the demarcation of the “outer perimeter,” and that when a president engages in malicious defamation, his speech falls outside this perimeter and …
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
Rule Of Law In The Age Of The Drone: Requiring Transparency And Disqualifying Clandestine Actors—The Cia And The Joint Special Operations Command, Thomas Michael Mcdonnell
University of Miami Law Review
Since shortly after 9/11, weaponized drones have become part of the fabric of United States policy and practice in countering Islamic terrorist organizations and personnel. Although many diplomats, UN officials, and scholars have criticized the widespread use of this weapon system for “targeted killing,” drones are here to stay. But how much investigation and oversight must a democratic country carry out over such a program, and more critically, how can a country do so effectively when the Executive has handed primary responsibility for drone targeted killing attacks to its clandestine forces, the Central Intelligence Agency and the Joint Special Operations …
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis
Lincoln, The Constitution Of Necessity, And The Necessity Of Constitutions: A Reply To Professor Paulsen, Michael Kent Curtis
Maine Law Review
The George W. Bush administration responded to the terrorist attacks of September 11th with far-reaching assertions of a vast commander-in-chief power that it has often insisted is substantially free of effective judicial or legislative checks. As Scott Shane wrote in the December 17, 2005 edition of the New York Times, "[f]rom the Government's detention of [American citizens with no or severely limited access to courts, and none to attorneys, families, or friends] as [alleged] 'enemy combatants' to the just disclosed eavesdropping in the United States without court warrants, the administration has relied on an unusually expansive interpretation of the president's …
The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber
The Collapse Of The New Deal Conceptual Universe: The Schmooze Project, Mark A. Graber
Maryland Law Review
No abstract provided.
Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff
Why Donald Trump Is Not Andrew Jackson (And Why That Matters For American Constitutional Democracy), Eric Lomazoff
Maryland Law Review
No abstract provided.
Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman
Will War's Nature Change In The Seventh Military Revolution?, F. G. Hoffman
The US Army War College Quarterly: Parameters
This article examines the potential implications of the combinations of robotics, artificial intelligence, and deep learning systems on the character and nature of war. The author employs Carl von Clausewitz’s trinity concept to discuss how autonomous weapons will impact the essential elements of war. The essay argues war’s essence, as politically directed violence fraught with friction, will remain its most enduring aspect, even if more intelligent machines are involved at every level.
The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman
The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …
Geopolitics Of Rare Earth Elements, Bert Chapman
Geopolitics Of Rare Earth Elements, Bert Chapman
Libraries Faculty and Staff Presentations
Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …
President Bush, President Obama, And Executive Orders, Catie Witt
President Bush, President Obama, And Executive Orders, Catie Witt
The Eastern Illinois University Political Science Review
This article examines the use of executive orders issued during the presidencies of George W. Bush and Barak Obama. Using case studies of the most significant executive order issued by each president, and by using quantitative data on the number of executive orders issued by each president during their first term in office, the author finds evidence that supports the “two presidencies” thesis. Moreover, the author finds evidence supporting the theory that Republican presidents are more likely to issue executive orders related to foreign policy, whereas Democratic presidents are more likely to issue executive orders related to domestic policy. Also, …
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
A Mission Of Divine Calling: A Chosen Nation's Crusade Against Evil, Ashley Harrington
The Eastern Illinois University Political Science Review
For decades, political scientists have and continue to theorize about influences on presidential decision-making and policy implementation. Faith and religious analysis however, remain relatively new to the study of presidential politics. This particular research examines two Republican presidents, both Ronald Reagan and George W. Bush, that had vastly different ideas about how to combat nations whose policies limited freedom and liberty.
The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt
The Crime Of Conviction Of John Choon Yoo: The Actual Criminality In The Olc During The Bush Administration, Joseph Lavitt
Maine Law Review
At the outset of the administration of President Barack Obama, there is intense debate about whether to prosecute members of the former administration of President George W. Bush. This Article first considers whether officers who were in command and control of the Executive Branch of the government of the United States during the Bush administration can be excused from criminal responsibility on charges of illegal torture, based on their claim to have acted in good faith reliance upon the advice of attorneys employed by the Department of Justice. Focus then turns to the accountability, if any, of those attorneys in …
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Travel Ban 3.0: The Hawaii Tro Is Right On The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel
Life of the Law School (1993- )
No abstract provided.
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel
Law School Blogs
No abstract provided.
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
University of Arkansas at Little Rock Law Review
No abstract provided.
Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile
Executive Branch Fact Deference As A Separation Of Powers Principle, Emily A. Kile
Indiana Law Journal
This Note concludes that, although Zivotofsky I provides a basis for judicial review of the legality of the Obama Administration’s “hostilities” determination (and, by extension, other questions of statutory interpretation related to foreign affairs), that review could be blunted by judicial deference to the executive branch’s factual determinations relevant to whether the Libyan airstrikes constituted “hostilities” within the War Powers Resolution. By addressing the political question doctrine’s history and the response to Zivotofsky I, this Note will explore whether the political question doctrine—particularly in cases of statutory interpretation—has lost some of its force as a justiciability doctrine. This Note will …
Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, October 2017, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
The New Travel Ban: Undermining The Immigration And Nationality Act, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law
Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Full Supreme Court Stays Ninth Circuit Order On Refugee Assurances, Peter Margulies
Law Faculty Scholarship
No abstract provided.