The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro

All Faculty Scholarship

President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …

Reply Memorandum Of The United States House Of Representatives In The Impeachment Trial Of President Donald J. Trump, U.S. House Of Representatives Managers

United States Senate Documents

INTRODUCTION 1

ARGUMENT 5

PRESIDENT TRUMP’S ATTEMPTED DEFENSES FAIL 5

A. President Trump Cannot Reasonably Deny Responsibility For Inciting The Insurrection 5

B. The Senate Has Jurisdiction To Try This Impeachment . 10

C. The First Amendment Provides No Defense to Conviction and Disqualification 19

D. President Trump Has Received From Congress All The Process He Was Due 23

E. The Senate Is Not Limited To The Standards Of Criminal Law . 26

F. The Article Does Not Charge Multiple Instances Of Impeachable Conduct 29

Replication Of The United States House Of Representatives To The Answer Of President Donald J. Trump To The Article Of Impeachment, U.S. House Of Representatives Managers

United States Senate Documents

The House of Representatives, through its Managers and counsel, replies to the Answer of President Donald J. Trump as follows: The House denies each and every allegation in the Answer that denies the acts, knowledge, intent, or wrongful conduct charged against President Trump. The House states that each and every allegation in the Article of Impeachment is true, and that any affirmative defenses and legal defenses set forth in the Answer are wholly without merit. The House further states that the Article of Impeachment properly alleges an impeachable offense under the Constitution, is not subject to a motion to dismiss, …

Trial Memorandum Of The United States House Of Representatives In The Impeachment Trial Of President Donald J. Trump, Jamie Raskin, Diana Degette, David Cicilline, Joaquin Castro, Eric Swalwell, Ted Lieu, Stacey Plaskett, Madeleine Dean, Joe Neguse

United States Senate Documents

INTRODUCTION ....................... 1

STATEMENT OF FACTS ........................... 5

A. President Trump Refuses to Accept the Results of the 2020 Election ........ 5

B. President Trump Encourages His Followers to Come to Washington on January 6, 2021 and “Fight” to Overturn the Election Results ............. 12

C. Vice President Pence Refuses to Overturn the Election Results ........... 18

D. President Trump Incites Insurrectionists to Attack the Capitol ........ 20

E. Insurrectionists Incited by President Trump Attack the Capitol ........... 22

F. President Trump’s Dereliction of Duty During the Attack ............ 29

G. The House Approves An Article of Impeachment with Bipartisan …

Answer Of President Donald John Trump, 45th President Of The United States, To Article I: Incitement Of Insurrection, Bruce Castor Jr, David Schoen

United States Senate Documents

To: The Honorable,the Members of the Unites States Senate:

The 45th President of the United States,Donald John Trump,through his counsel Bruce L. Castor, Jr., and David Schoen hereby responds to the Article of Impeachment lodged against him by the United States House of Representatives by breaking the allegations out into 8 Averments ... WHEREFORE,Donald John Trump,45th President of the United States respectfully requests the Honorable Members of the Senate of the United States dismiss Article I: Incitementof Insurrectionagainst him as moot, and thus in violation of the Constitution, because the Senate lacks jurisdiction to remove from office a man who …

Evolutionary Possibilities Of Democratization And Atavistic Nationalism: A Comparative Study Of Unrecognized States, Hilmi Ulas

Peace Studies Faculty Articles and Research

The question of how rising atavistic nationalism will affect democracies worldwide is an essential one of our time. In this paper, I focus instead on conducting a comparative historical analysis of atavistic nationalism in two unrecognized states: North Cyprus and Taiwan. I argue that the democratic crisis of our times is, in its essence, economic and has been precipitated by the failure of democracies to build domestic capacities to support democratic values. Furthermore, I posit that engaging populaces at the local political level will prove essential to preserving democracies around the world. I conclude by underlining that atavistic nationalism is …

Privacy Vs. Transparency: Handling Protected Materials In Agency Rulemaking, Christopher S. Yoo, Kellen Mccoy

All Faculty Scholarship

Agencies conducting informal rulemaking proceedings increasingly confront conflicting duties with respect to protected materials included in information submitted in public rulemaking dockets. They must reconcile the broad commitment to openness and transparency reflected in federal law with the duty to protect confidential business information (CBI) and personally identifiable information (PII) against improper disclosure.

This Article presents an analysis of how agencies can best balance these often-countervailing considerations. Part I explores the statutory duties to disclose and withhold information submitted in public rulemaking dockets placed on agencies. It also examines judicial decisions and other legal interpretations regarding the proper way to …

From The Legal Literature: Is Progressive Prosecution Possible?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

The Trouble With Numbers: Difficult Decision Making In Identifying Right-Wing Terrorism Cases. An Investigative Look At Open Source Social Scientific And Legal Data, Daniela Peterka-Benton, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Terrorism research has gained much traction since the 9/11 attacks, but some sub genres of terrorism, such as right-wing terrorism, have remained under-studied areas. Unsurprisingly data sources to study these phenomena are scarce and frequently face unique data collection obstacles. This paper explores five major, social-scientific terrorism databases in regards to data on right-wing terrorist events. The paper also provides an in-depth examination of the utilization of criminal legal proceedings to research right-wing terrorist acts. Lastly, legal case databases are introduced and discussed to show the lack of available court information and case proceedings in regards to right-wing terrorism.

Glossary Of Legislative Terms: Brief Explanations Of Legislative Terms Used Throughout Congress.Gov, United States Congress, United States Congress

United States Senate Documents

Glossary of Legislative Terms

Brief explanations of legislative terms used throughout Congress.gov. In-depth descriptions are provided in "About" Legislation, Legislation Text, Committees, Committee Reports, Members, the Congressional Record, the Congressional Record Index, Nominations, House Communications, Senate Communications, and Treaty Documents.

Compliance Management Systems: Do They Make A Difference?, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

Regulatory compliance is vital for promoting the public values served by regulation. Yet many businesses remain out of compliance with some of the regulations that apply to them—presenting not only possible dangers to the public but also exposing themselves to potentially significant liability risk. Compliance management systems (CMSs) may help reduce the likelihood of noncompliance. In recent years, managers have begun using CMSs in an effort to address compliance issues in a variety of domains: environment, workplace health and safety, finance, health care, and aviation, among others. CMSs establish systematic, checklist-like processes by which managers seek to improve their organizations’ …

A Refined Experimentalist Governance Approach To Incremental Policy Change: The Case Of Process-Tracing China’S Central Government Infrastructure Ppp Policies Between 1988 And 2017, Huanming Wang, Bin Chen, Joop Koppenjan

Publications and Research

This article was originally published in Journal of Chinese Governance, available at https://doi.org/10.1080/23812346.2021.1898151

This work is distributed under a Creative Commons Attribution-NonCommercial-NoDerivs International License (CC BY-NC-ND 4.0).

Administrative Law In A Time Of Crisis: Comparing National Responses To Covid-19, Cary Coglianese, Neysun A. Mahboubi

All Faculty Scholarship

Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as …

Administrative Law In The Automated State, Cary Coglianese

All Faculty Scholarship

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …