President/Executive Department Commons^™

Lies And Law, Robert F. Nagel

Publications

No abstract provided.

The Effect Of Presidential Pardons On Disclosure Of Information: Is Our Cynicism Justified?, Charles D. Berger

Oklahoma Law Review

No abstract provided.

The President As His Own Judge And Jury: A Legal Analysis Of The Presidential Self-Pardon Power, Robert Nida, Rebecca L. Spiro

Oklahoma Law Review

No abstract provided.

Eulogizing The Line Item Veto Act: Clinton V. City Of New York And The Wisdom Of Presidential Legislating, Aaron D. Zibart

Kentucky Law Journal

No abstract provided.

Introduction To Civil Rights Symposium , Brian K. Landsberg

McGeorge School of Law Scholarly Articles

No abstract provided.

The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan

Scholarly Articles in Law Reviews & Journals

Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.

Beyond The Independent Counsel: Evaluating The Options, Thomas W. Merrill

Faculty Scholarship

The Independent Counsel Act expires on June 30, 1999. Should it be extended? Extended with modifications? Radically reformed? Or should it be allowed to sunset with nothing put in its place? To answer these questions, we need to address some more fundamental questions: (1) Do we truly need an independent office to investigate alleged wrongdoing by high-ranking officers of the executive branch? (2) If so, what are the options for the organizational structure of such an office? (3) By what criteria should the different institutional options be evaluated? (4) Under these criteria, which option represents the best, or perhaps more …

The Independent Counsel Statute: A Premature Demise, Julian A. Cook

Scholarly Works

With the backdrop of the impeachment trial of President William Jefferson Clinton, Congress was confronted with the quandary of whether to reauthorize the independent counsel statute. As the statute approached its June 30, 1999 lapse date, lawmakers grappled with and bandied about an array of proposals, including statutory abandonment, in the midst of tremendous political tension and public fervor over the actions of the President, Independent Counsel Kenneth Starr, and members of Congress. Ultimately, Congress allowed the statute to expire, leaving the prosecution of high-ranking Executive Branch officials in the hands of the Department of Justice. Advocates of reauthorization could …

An Original Model Of The Independent Counsel Statute, Ken Gormley

Michigan Law Review

On Friday, October 19, 1973, President Richard M. Nixon took a risky step to de-fang the Watergate investigation that had become a "viper in the bosom" of his Presidency. The U.S. Court of Appeals had just directed him to tum over tape-recordings subpoenaed by Watergate Special Prosecutor Archibald Cox; these taperecordings might prove or disprove White House involvement in the Watergate cover-up. Rather than challenge this ruling, the President conceived a new plan. The White House would prepare summaries of the nine tape-recordings in question, which would be verified by Senator John Stennis, a seventy-two-year-old Democrat from Mississippi, working alone …

The Treaty Power And American Federalism, Curtis A. Bradley

Michigan Law Review

For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation of foreign affairs is subject to a different, and generally more relaxed, set of constitutional restraints than federal regulation of domestic affairs. In what is perhaps its most famous endorsement of this proposition, the Supreme Court stated in 1936 that "the federal power over external affairs [is] in origin and essential character different from …

Memorandum From University Of Illinois College Of Law Professor Ronald D. Rotunda Memorandum To The Honorable Kenneth W. Starr Regarding Whether A Sitting President Is Subject To Indictment [Portions Redacted], Ronald D. Rotunda

United States Department of Justice: Publications

Re: Indictability of the President, with particular respect to whether President Bill Clinton could be charged with indictable offenses while in federal office.

Excerpt from the New York Times article: “It is proper, constitutional, and legal for a federal grand jury to indict a sitting president for serious criminal acts that are not part of, and are contrary to, the president’s official duties,” the Starr office memo concludes. “In this country, no one, even President Clinton, is above the law.”

Picking Federal Judges: A Mysterious Alchemy, Michael D. Schattman

Michigan Law Review

I have twice been nominated to the federal bench by President Clinton. The first nomination, in December 1995, lapsed at the end of the 104th Congress. I was renominated in March 1997. I have never had a hearing and never had a letter from the Senate Judiciary Committee requesting additional information. In 1995 and again in 1997 the White House precleared my nomination with my two home-state Republican senators. Originally, I was nominated before the scheduled retirement date of the judge I was named to replace, which gives knowledgeable readers an idea of the lack of controversy surrounding my appointment. …

Without Justification: Misplaced Reliance On United Nations Security Council Resolutions For Presidential War Making, 31 J. Marshall L. Rev. 583 (1998), Timothy D. A. O'Hara

UIC Law Review

No abstract provided.

How Does Congress Define 'Perjury'?, Robert Blecker

Other Publications

No abstract provided.

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina E. Wells

Faculty Publications

This essay defends against the wholesale castigation of women who support the President. It reveals that such criticism is wrong and unfair. Specifically, it demonstrates that the critics have unreasonably characterized women's responses to Clinton as hypocritical or extremely naive, rather than as examples of astute political decision-making. The essay further exposes the sexism underlying the critics' arguments, revealing that stereotypes regarding (1) women's role as the keeper of morals and (2) women as non-political or non-rational beings are at the heart of much of the criticism. By reinforcing these stereotypes, the critics pose a greater danger to women than …

Employment Discrimination And Presidential Immunity Cases, Dean Eileen Kaufman

Touro Law Review

No abstract provided.

The Specially Investigated President, Charles Tiefer

All Faculty Scholarship

This article argues that the new legal status - the "specially investigated President" - conferred upon recent presidents reflects an unprecedented change in the criminal investigation process of the President. Although recent presidents have experienced formal criminal investigations, each have used creative and legitimate ways to escape indictment, trial, or impeachment. By investigating President Bush and President Clinton's ability to successfully avoid prosecution, this article presents an analytical framework to explain the issues surrounding the "specially investigated President," and offers suggestions on how to reform the process.

In his analysis, the author illustrates the tension between opposing viewpoints regarding the …

High-Level, "Tenured" Lawyers, Thomas W. Merrill

Faculty Scholarship

Government lawyers can be broadly categorized as either political or civil service appointees. The political appointees constitute a thin layer at or near the top of the hierarchy of government lawyers. They include, most prominently, presidential appointees – "Officers of the United States" who must be nominated and confirmed by the Senate prior to their appointment. They also include a variety of lesser lawyers who are exempt from most of the civil service laws. Such exempt "inferior Officers" include, for example, the lawyers in the White House Counsel's office and so-called "Schedule C" lawyers who hold positions "of a confidential …

The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss

Faculty Scholarship

Both the structure of the Constitution and elementary civics texts imagine an Executive Branch under the close, unitary control of an elected chief executive, the President. Doubtless from the start, and unmistakably in the administrative state, the reality has been quite different. Those to whom Congress has delegated authority to act, particularly in that domain that we have in mind when invoking a "government of laws," conduct their business within a web more aptly described as coordination than control. In regulatory matters, the coordinating impulses run through the Department of Justice ("DOJ") and, increasingly, the Office of Information and Regulatory …

The Constitution, The White House, And The Military Hiv Ban: A New Threshold For Presidential Non-Defense Of Statutes, Chrysanthe Gussis

University of Michigan Journal of Law Reform

The President's constitutional duty to 'take Care that the Laws be faithfully executed" implies that the President is entrusted with the responsibility to defend those laws against court challenges. On occasion, however, Presidents faced with legislation that they deem unconstitutional have declined to defend that legislation against legal challenges. On February 10, 1996, President Clinton declined to defend a provision included in the National Defense Authorization Act for Fiscal Year 1996 that required discharge from the military of all HIV-positive servicemembers because he believed that the provision violated the Equal Protection Clause of the Fourteenth Amendment. This Note explores whether …

Review Of Actions Under President Clinton's Executive Order On Environmental Justice, Gary A. Abraham

Buffalo Environmental Law Journal

No abstract provided.

Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D. Roosevelt's Battle With The Supreme Court, Stephen R. Alton

Faculty Scholarship

This Article presents a chronological, narrative account of Jackson's participation in the court fight over Roosevelt's so-called "court packing plan." The larger history of that campaign and its players also are presented in order to illuminate Jackson's role. Although a number of secondary works-both old and new-review the history of the fight, the main purpose here is to relate Jackson's part in this larger history, drawing on. those secondary works only to the extent that they are helpful. This Article first recounts the historical background of the tension between the New Deal and the Supreme Court as well as the …

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit, Brief Of Law Professors Paul F. Rothstein, Et. Al., Office Of The President V. Office Of Independent Counsel, Paul F. Rothstein, Ronald J. Allen, Margaret A. Berger, William J. Bridge, Paul C. Giannelli, Stephen Gillers, Laird C. Kirkpatrick, David P. Leonard, Miguel A. Mendez, Roger C. Park, Myrna S. Raeder, John W. Reed, Mark Reutlinger, Leo M. Romero, Stephen A. Saltzburg, Peter Tillers

U.S. Supreme Court Briefs

This Court should grant review not only because this is a case of national importance and prominence, but also because the decision below is a conspicuous departure from settled principles of evidence law. The panel majority concluded that communications between government lawyers and government officials are not protected by the attorney-client privilege, at least when those communications are sought by a federal grand jury. That conclusion conflicts with the predominant common-law understanding that the attorney-client privilege applies to government entities and that where the privilege applies, it is absolute (i.e., it protects against disclosure in all types of legal and …

Habeas Corpus And The New Federalism After The Anti-Terrorism And Effective Death Penalty Act Of 1996, 30 J. Marshall L. Rev. 337 (1997), Marshall J. Hartman, Jeanette Nyden

UIC Law Review

No abstract provided.

Whom Do You Trust?: Judicial Independence, The Power Of The Purse And The Line-Item Veto, Robert A. Destro

Scholarly Articles

No abstract provided.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson

Publications

No abstract provided.