Georgetown University Law Center
Duke Law School
Chapman University
Northwestern Pritzker School of Law
Villanova University Charles Widger School of Law
Pepperdine University
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement,
2019
Chicago-Kent College of Law
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
Chicago-Kent Law Review
At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. The public use requirement of the Fifth Amendment Takings Clause allows the federal government to take private land for the ...
The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824,
2019
University of St. Thomas, Minnesota
The Three-Fifths Rule And The Presidential Elections Of 1800 And 1824, Michael L. Rosin
University of St. Thomas Law Journal
No abstract provided.
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era,
2019
Pepperdine University
Between "The Rock" And A Hard Case: Application Of The Emoluments Clauses For A New Political Era, Douglas R. Hume
Pepperdine Law Review
The election of Donald Trump in 2016 rewrote some of the traditional rules for electing presidents in the United States. Does his election portend a new breed of presidential candidate, arising from the business and celebrity arena rather than traditional government service? If so, the potential for candidates with more diverse and global business interests (and the conflicts of interest that come along with them) becomes more likely. This Essay discusses the historical intent of the Emoluments Clauses and the issue of potential presidential conflicts of interest. This Essay also examines the litigation efforts filed against President Trump to force ...
Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L),
2019
University of Pennsylvania Law School
Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith
Faculty Scholarship at Penn Law
This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.
Agency Statutory Abnegation In The Deregulatory Playbook,
2019
Georgetown University Law Center
Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald ...
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction,
2018
Roger Williams University School of Law
Asylum Ban Litigation: Supreme Court Declines To Stay Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction,
2018
Roger Williams University School of Law
Litigation Over The Asylum Ban Continues: District Court Grants Preliminary Injunction, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: David Logan's Blog: Recognizing The Free Press In The Crosshairs Across The Globe 12-12-2018, David A. Logan
Life of the Law School (1993- )
No abstract provided.
The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump,
2018
Roger Williams University School of Law
The Ninth Circuit’S Asylum Ban Ruling Is A Message To Trump, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Executive Power, Drone Executions, And The Due Process Rights Of American Citizens,
2018
Fordham University School of Law
Executive Power, Drone Executions, And The Due Process Rights Of American Citizens, Jonathan G. D'Errico
Fordham Law Review
Few conflicts have tested the mettle of procedural due process more than the War on Terror. Although fiery military responses have insulated the United States from another 9/11, the Obama administration’s 2011 drone execution of a U.S. citizen allegedly associated with al-Qaeda without formal charges or prosecution sparked public outrage. Judicial recognition that this nonbattlefield execution presented a plausible procedural due process claim ignited questions which continue to smolder today: What are the limits of executive war power? What constitutional privileges do American citizens truly retain in the War on Terror? What if the executive erred in ...
The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion,
2018
Roger Williams University School of Law
The Temporary Restraining Order Against Trump’S Asylum Ban: Statutory Structure And Agency Discretion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Barring Asylum Claims: The President Versus The Statute,
2018
Roger Williams University School of Law
Barring Asylum Claims: The President Versus The Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Executive Authority And The Take Care Clause,
2018
Notre Dame Law School
Executive Authority And The Take Care Clause, Colleen E. O'Connor
Notre Dame Law Review
Part I of this Note will discuss the Department of Homeland Security’s authority to regulate immigration and focuses on DACA and DAPA. Part II will address the U.S. Department of Justice’s Office of Legal Counsel Opinion on DAPA’s legality. Part III will turn to the lack of judicial constraints on or legislative responses to the executive branch’s enforcement discretion. Part IV will propose that the executive branch should take a more active role in ensuring that the President remains faithful to the Take Care Clause when exercising prosecutorial discretion. Expounding upon the Office of Legal ...
Bureaucratic Resistance And The National Security State,
2018
Boston University
Bureaucratic Resistance And The National Security State, Rebecca Ingber
Faculty Scholarship
Modern accounts of the national security state tend toward one of two opposing views of bureaucratic tensions within it: At one extreme, the executive branch bureaucracy is a shadowy “deep state,” unaccountable to the public or even to the elected President. On this account, bureaucratic obstacles to the President’s agenda are inherently suspect, even dangerous. At the other end, bureaucratic resistance to the President represents a necessary benevolent constraint on an otherwise imperial executive, the modern incarnation of the separation of powers, as the traditional checks on the President of the courts and Congress have fallen down on the ...
The Past, Present, And Future Of Presidential Power,
2018
University of St. Thomas, Minnesota
The Past, Present, And Future Of Presidential Power, Saikrishna Bangalore Prakash
University of St. Thomas Law Journal
No abstract provided.
The President And The Myth Of Judicial Supremacy,
2018
University of St. Thomas School of Law
The President And The Myth Of Judicial Supremacy, Michael Stokes Paulsen
University of St. Thomas Law Journal
No abstract provided.
Appearing Unbiased About Presidential War Powers,
2018
University of St. Thomas, Minnesota
Appearing Unbiased About Presidential War Powers, Jide Nzelibe
University of St. Thomas Law Journal
No abstract provided.
Why I Can't Be Like Mike: At Least With Respect To His Overly Broad View Of Presidential Power To Act On Independent Constitutional Interpretation,
2018
University of St. Thomas, Minnesota
Why I Can't Be Like Mike: At Least With Respect To His Overly Broad View Of Presidential Power To Act On Independent Constitutional Interpretation, Vikram David Amar
University of St. Thomas Law Journal
No abstract provided.
Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws,
2018
Seattle University School of Law
Much Ado About Nothing?: Local Resistance And The Significance Of Sanctuary Laws, Alyssa Garcia
Seattle University Law Review
This Comment explores the current constitutional discourse of sanctuary laws and compares their various components. Part I provides background on the basic policy components of sanctuary laws and modern policies. Part II explores and compares the substantive legal and political value of sanctuary laws. This section will first assess the impact of sanctuary policies on existing immigration and constitutional law. In doing so, specific sanctuary jurisdictions involved in litigation, Seattle, San Francisco, and Chicago, and their likelihood of withstanding preemption under existing doctrine will be compared. The impact sanctuary laws may have on the Tenth Amendment will next be discussed ...
Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018,
2018
Roger Williams University School of Law
Rwu First Amendment Blog: Jenna Wims Hashway's Blog: First Amendment Lets Officials Mute But Not Block Twitter Critics 10/09/2018, Jenna Wims Hashway
Law School Blogs
No abstract provided.
