Article Ii Vests Executive Power, Not The Royal Prerogative,
2019
University of Michigan Law School
Article Ii Vests Executive Power, Not The Royal Prerogative, Julian Davis Mortenson
Articles
Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presidential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional originalists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” referred unambiguously to a single, discrete, and potent authority: the power to execute law. …
Faithful Execution And Article Ii,
2019
Boston University School of Law
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faculty Scholarship
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?,
2019
Benjamin N. Cardozo School of Law
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
Cardozo Law Review
In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by …
The Dark Side Of Reputation,
2019
Northwestern University Pritzker School of Law
The Dark Side Of Reputation, Emily Kadens
Cardozo Law Review
This Article seeks to contribute to the literature challenging the role of reputation in disciplining commerce. The historical disputes discussed here, which arose in the supposedly privately-ordered zone of the premodern merchant, add nuance to our understanding of how commerce works in the real world. Part I briefly reviews some of the problems the economic and network theory literature has identified with reputation. Part II turns to the history and demonstrates how trust could be cheaply manufactured due in part to potential partners' failure to look beyond superficial indicia of reputation. Part III then considers why reputation might have been …
Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law,
2019
University of Nevada, Las Vegas
Easy Money, Elite Anxiety And Rome's First Anti-Gambling Law, Suzanne B. Faris Phd
International Conference on Gambling & Risk Taking
No abstract provided.
The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879,
2019
University of New Orleans
The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin
LSU New Orleans Theses and Dissertations
Louisiana developed an extensive system of levees throughout the Atchafalaya Basin and along its territorial Mississippi River. This system reached its zenith on the eve of the American Civil War. It went into dramatic decline following the conflict due to the confluence of military activity, protracted irregular warfare, and neglect stemming from labor and capital revolution. These shifts intensified with the 1863 Emancipation Proclamation and finally consolidated after the ratification of Louisiana’s Constitution of 1879. The shift of responsibility for the construction and maintenance of levees during the Reconstruction Era led to many significant changes in the character and function …
Ourstory: African American Alumni Of Uf Levin College Of Law (1958-2020),
2019
University of Florida Levin College of Law
Ourstory: African American Alumni Of Uf Levin College Of Law (1958-2020), Diedre Houchen
Center for the Study of Race & Race Relations: Lectures and Events
The static PDF of OurStory: African American Alumni of UF Levin College of Law.
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment,
2019
William & Mary Law School
A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler
William & Mary Bill of Rights Journal
The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …
The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019,
2019
Roger Williams University School of Law
The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden
RWU Law
No abstract provided.
Conditionality And Constitutional Change,
2019
University of Cincinnati College of Law
Conditionality And Constitutional Change, Felix B. Chang
Faculty Articles and Other Publications
The burgeoning field of Critical Romani Studies explores the persistent subjugation of Europe’s largest minority, the Roma. Within this field, it has become fashionable to draw parallels to the U.S. Civil Rights Movement. Yet the comparisons are often one-sided; lessons tend to flow from Civil Rights to Roma Rights more than the other way around. It is an all-too-common hagiography of Civil Rights, where our history becomes a blueprint for other movements for racial equality.
To correct this trend, this Essay reveals what American scholars can learn from Roma Rights. Specifically, this Essay argues that the European Union’s Roma integration …
Commencements Over The Years,
2019
Penn State Dickinson Law
Commencements Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Issa Tanimura,
2019
Penn State Dickinson Law
Issa Tanimura, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Why Didn't The Common Law Follow The Flag?,
2019
Notre Dame Law School
Why Didn't The Common Law Follow The Flag?, Christian R. Burset
Journal Articles
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …
Foreword: Tempering Power,
2019
University at Buffalo School of Law
Tempered Power, Variegated Capitalism, Law And Society,
2019
Australian National University
Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite
Buffalo Law Review
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019),
2019
Roger Williams University
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Law Library Blog (May 2019): Legal Beagle's Blog Archive,
2019
Roger Williams University
Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Self-Deportation Nation,
2019
Georgetown University Law Center
Self-Deportation Nation, K-Sue Park
Georgetown Law Faculty Publications and Other Works
“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …
The Shallow State: The Federal Communications Commission And The New Deal,
2019
Georgetown University Law Center
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch,
2019
Ursinus College
Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz
Politics Honors Papers
Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …
