Passive-Aggressive Executive Power,
2013
University of Richmond
Passive-Aggressive Executive Power, Corinna Barrett Lain
Law Faculty Publications
My contribution to the 2013 Constitutional Law Schmooze poses a question about the downside of executive power, at least in the enforcement context. If executive power to enforce the law presupposes the duty to use it, what happens when the executive branch would rather not? Perhaps reframing the question will help. What do the death penalty, driving violations, drugs, deportation, and the Defense of Marriage Act (“DOMA”) have in common, besides the letter “d”? The answer is passive-aggressive executive power, and in the brief discussion that follows, I use these five factual contexts to illustrate five variations of what I …
Symposium Foreword: Applied Feminism And Democracy,
2013
University of Baltimore Law
Symposium Foreword: Applied Feminism And Democracy
University of Baltimore Law Review
No abstract provided.
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11,
2013
University of Maryland Francis King Carey School of Law
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
Translating Fiduciary Principles Into Public Law,
2013
Fordham University School of Law
Translating Fiduciary Principles Into Public Law, Ethan J. Leib, David L. Ponet, Michael Serota
Faculty Scholarship
Because public office is a public trust, fiduciary architecture can help orient us in figuring out how political power should be exercised legitimately. Part of the appeal of conceiving the political relationship between representative and represented in fiduciary terms is that it regards politics in more realistic and textured ways — as a constellation of power relationships in a web of trust and vulnerability — rather than as a mere social contract no one ever signed. Thinking of legislators as public fiduciaries tells us much about the nature of the relationship between the governed and their governors and it can …
A Trinity Of Viewpoints On The Moral Perspective In The Public Square: Murray, Kennedy, And Cuomo,
2013
Loyola University Chicago, School of Law
A Trinity Of Viewpoints On The Moral Perspective In The Public Square: Murray, Kennedy, And Cuomo, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Book Review: "The Tragedy Of Religious Freedom",
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Book Review: "The Tragedy Of Religious Freedom", Ian C. Bartrum
Scholarly Works
Ian Bartrum reviews Marc DeGirolami's The Tragedy of Religious Freedom (Harvard University Press 2013).
Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines,
2013
Claremont McKenna College
Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal
CMC Senior Theses
This paper seeks to determine under what conditions a U.S. president can implement a grand strategy given the nature of domestic and international opportunities and constraints. It will examine three comparative case studies: Jimmy Carter, George W. Bush, and Barack Obama, with the goal of determining what conditions are necessary at the individual, domestic, and systemic levels of analysis for grand strategy implementation. At the individual level, it will apply operational code analysis, as well as an examination of personal characteristics for each case study. At the domestic level, it will apply a five-prong test for examining factors that are …
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach,
2013
Claremont McKenna College
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
CMC Senior Theses
In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …
Two Great Leaders,
2013
The University of Texas
Revisionists’ History: A Foreword,
2013
Dean and President, Professor of Law, new york Law School
Revisionists’ History: A Foreword, Anthony W. Crowell
NYLS Law Review
No abstract provided.
Working Toward A Better-Functioning Government: Re Ections On The 2010 Charter Revision Commission,
2013
Chancellor of the City University of New York (CUNY) from September 1999 to June 2013
Working Toward A Better-Functioning Government: Re Ections On The 2010 Charter Revision Commission, Matthew Goldstein
NYLS Law Review
No abstract provided.
A Case For And Against The Borough President In Twenty-First Century New York City,
2013
New York Law School, 2013
A Case For And Against The Borough President In Twenty-First Century New York City, Gregory Perrotta
NYLS Law Review
No abstract provided.
Can A Pluralistic Commonwealth Endure?,
2013
University of Oklahoma College of Law
Can A Pluralistic Commonwealth Endure?, Brian Mccall
Faculty Articles
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
Wagging, Not Barking: Statutory Definitions,
2013
University of Nevada, Las Vegas -- William S. Boyd School of Law
Wagging, Not Barking: Statutory Definitions, Jeanne Price
Scholarly Works
Legislative text is distinguished by the frequency with which it specifies the meaning of the words it employs. More than 25,000 terms are defined in the United States Code alone. In few other contexts is there a perceived need to so carefully and repeatedly clarify meaning. This Article examines the roles played by definitions in a reader's understanding and application of a legislative text; it demonstrates that the effects of defining are not as straightforward as we might assume. The discussion is framed by the distinction between legislation as a communication vehicle and as an instrument of governance. In some …
Index Theory: The Law, Promise And Failure Of Financial Indices,
2013
Columbia Law School
Index Theory: The Law, Promise And Failure Of Financial Indices, Gabriel Rauterberg, Andrew Verstein
Faculty Scholarship
Financial indices, like the S&P 500 or the Consumer Price Index, have become a ubiquitous feature of our financial markets. One index, the London InterBank Offered Rate ("Libor"), may be the world's most important number, an interest rate benchmark upon which hundreds of trillions of dollars depend. Yet, almost every day new revelations emerge that Libor was tampered with during the height of the financial crisis by one or many of the world's most prominent banks, with billions of dollars potentially misappropriated. This index disruption has attracted tremendous interest from regulators, private litigants, and market observers. Despite their importance, however, …
Midnight Rules: A Reform Agenda,
2013
Boston University School of Law
Midnight Rules: A Reform Agenda, Jack M. Beermann
Faculty Scholarship
There is a documented increase in the volume of regulatory activity during the last 90 days of presidential administrations. The phenomenon of late-term regulatory activity has been called “Midnight Regulation” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Report, prepared for the Administrative Conference of the United States, looks closely at one species of Midnight Regulation, namely Midnight Rules, promulgated in the last 90 days of an administration. The Report examines the phenomenon and concludes with recommendations adopted by the Administrative Conference of the United States at its …
Of Law And The Revolution,
2013
Georgetown University Law Center
Of Law And The Revolution, Lama Abu-Odeh
Georgetown Law Faculty Publications and Other Works
The Egyptian revolution is proving to be a very legal one. That is not to say that the revolution’s demands have been legalized, nor that Egypt’s law has been revolutionized, rather, the forces that have come to the fore since the toppling of Mubarak in Feb 2011 have chosen law as the privileged form through which to bargain with each other. The density of the legal back and fro has been overwhelming: constitutional amendments, constitutional supplementary declarations, parliamentary laws, legislative amendments, military decrees, court trials, constitutional court decisions overturning laws passed, conflicting decisions from various courts, presidential decrees, emergency laws …
Afterword: The Libertarian Middle Way,
2013
Georgetown University Law Center
Afterword: The Libertarian Middle Way, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, …
President John Adams And Four Chief Justices: An Essay For James F. Simon,
2013
New York Law School
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools,
2013
Professor of Law and Director of the Center for New York City Law at New York Law School
Politics, Process, And Mayoral Power: The Story Of Ed Koch And The Appointment Of Frank Macchiarola As Chancellor Of The New York City Schools, Ross Sandler
NYLS Law Review
No abstract provided.
