US Army War College
Northwestern Pritzker School of Law
Chapman University
William & Mary Law School
Duke Law School
Georgetown University Law Center
University of the District of Columbia David A Clarke School of Law
Boston University School of Law
Florida State University College of Law
St. Mary's University School of Law
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism,
2023
Pepperdine University
The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul
Journal of the National Association of Administrative Law Judiciary
The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg,
2023
Villanova University Charles Widger School of Law
Change We Can Believe In: The Seventh Circuit's Exposure Of Inadequate Environmental Review In Protect Our Parks V. Buttigieg, P. Nicholas Greco
Villanova Environmental Law Journal
No abstract provided.
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas,
2023
Villanova University Charles Widger School of Law
On The Fence About Immigration And Overpopulation: "Environmentalists" Challenge Dhs Policies On Nepa Basis In Whitewater Draw Natural Resource Conservation District V. Mayorkas, Maya J. Williams
Villanova Environmental Law Journal
No abstract provided.
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses,
2023
University of St. Thomas, Minnesota
Wholesale-Level Clemency: Reconciling The Pardon And Take Care Clauses, Paul J. Larkin
University of St. Thomas Law Journal
No abstract provided.
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends,
2023
University of St. Thomas, Minnesota
The Prerogative Of Mercy In Minnesota: Current Clemency Process And Recent Trends, Karl C. Procaccini
University of St. Thomas Law Journal
No abstract provided.
Clemency: Redeeming The Soul Of America,
2023
University of St. Thomas, Minnesota
Clemency: Redeeming The Soul Of America, Cynthia W. Roseberry
University of St. Thomas Law Journal
No abstract provided.
An Introduction To Clemency's Importance,
2023
University of St. Thomas
An Introduction To Clemency's Importance, Mark Osler
University of St. Thomas Law Journal
No abstract provided.
Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect,
2023
Fordham University School of Law
Third Parties And The Electoral College: How Ranked Choice Voting Can Stop The Third-Party Disruptor Effect, Hillary Bendert, Jacqueline Hayes, Kevin Ruane
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response,
2023
Fordham University School of Law
Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan
Fordham Law Voting Rights and Democracy Forum
No abstract provided.
The Trump Impeachments: Lessons For The Constitution, Presidents, Congress, Justice, Lawyers, And The Public,
2023
William & Mary Law School
The Trump Impeachments: Lessons For The Constitution, Presidents, Congress, Justice, Lawyers, And The Public, Michael J. Gerhardt
William & Mary Law Review
The conventional wisdom is that the two impeachments of Donald Trump demonstrated the ineffectiveness of impeachment as a remedy for serious presidential misconduct. Meeting the constitutional threshold for conviction and removal requiring at least two-thirds approval of the Senate is practically impossible so long as the members of the President’s party in Congress control at least a third of the seats in the Senate and are united in opposition to his impeachment and conviction. This Article challenges this conventional wisdom and argues instead that the two Trump impeachments have enduring effects on Trump’s political future and legacy, especially in light …
Climate Security Insights From The Covid-19 Response,
2023
Emory University School of Law
Climate Security Insights From The Covid-19 Response, Mark Nevitt
Indiana Law Journal
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine,
2023
Purdue University
U.S. Government Information Resources For Accountability On U.S. Assistance To Ukraine, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of U.S. Government information resources documenting accountability for U.S. civilian and military assistance to Ukraine. Includes U.S. laws, agencies involved in U.S. arms export policy, Defense Department resources and data, Defense Dept. Inspector General reports, Government Accountability Office reports, congressional committee hearings, a letter from a congressional committee to the Secretaries of Defense and State and U.S. Agency for International Development administrator, congressional debate, and congressional recorded votes.
A Government Of Laws And Not Of Men: Why Justice Brandeis Was Right To Assume Congress Can Restrain The President's Removal Power,
2023
Fordham University School of Law
A Government Of Laws And Not Of Men: Why Justice Brandeis Was Right To Assume Congress Can Restrain The President's Removal Power, Danielle Rosenblum
Fordham Law Voting Rights and Democracy Forum
Since the Founding, the extent of the president’s power to remove executive officials from office remains unsettled. While the Appointments Clause in Article II, Section 2 empowers Congress to participate in the hiring of executive officials, the United States Constitution’s text is silent on whether Congress can limit the president’s ability to fire such employees. The debate on the proper scope of the president’s removal power is significant because it serves as a proxy for a larger constitutional question: whether constraints on presidential power advance or sit in tension with democracy. This Article argues that Justice Brandeis was right to …
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021,
2023
Villanova University Charles Widger School of Law
The Politics Of The Criminal Enforcement Of The U.S. Clean Water Act, 1983-2021, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy, Dr. Danielle Mcgurrin
Villanova Environmental Law Journal
No abstract provided.
U.S. Energy Information Administration Information Resources,
2023
Purdue University
U.S. Energy Information Administration Information Resources, Bert Chapman
Libraries Faculty and Staff Presentations
Provides information about the resources produced by U.S. Department of Energy's Energy Information Administration. These resources cover energy statistics for U.S., states, the United States, and foreign countries. They also cover energy products as varied as coal, natural gas, nuclear energy, petroleum, and renewable energy.
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules,
2023
Georgetown University Law Center
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
Amending The Defense Production Act: Preventing Another Pandemic,
2023
Juris Doctorate, Roger Williams University School of Law
Amending The Defense Production Act: Preventing Another Pandemic, Madalyn Mcgunagle
Roger Williams University Law Review
No abstract provided.
Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy,
2023
Bowdoin College
Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol
Honors Projects
With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.
Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …
Command And Control: Operationalizing The Unitary Executive,
2023
Boston University School of Law
Command And Control: Operationalizing The Unitary Executive, Gary S. Lawson
Faculty Scholarship
The concept of the unitary executive is written into the Constitution by virtue of Article II’s vesting of the “executive Power” in the President and not in executive officers created by Congress. Defenders and opponents alike of the “unitary executive” often equate the idea of presidential control of executive action with the power to remove executive personnel. But an unlimitable presidential removal power cannot be derived from the vesting of executive power in the President for the simple reason that it would not actually result in full presidential control of executive action, as the actions of now-fired subordinates would still …
Pretext, Reality, And Verisimilitude: Truth-Seeking In The Supreme Court,
2023
Georgetown University Law Center
Pretext, Reality, And Verisimilitude: Truth-Seeking In The Supreme Court, Robert N. Weiner
University of Michigan Journal of Law Reform
The assault on truth in recent public discourse makes it especially important that judicial decisions about Executive actions reflect the world as it is. Judges should not assume some idealized reality where good faith prevails, the motives of public officials are above reproach, and administrative processes are presumptively regular. Unfortunately, however, the Supreme Court has acted on naïve or counterfactual assumptions that limit judicial review of administrative or Presidential action. Such intentional judicial blindness or suspension of justified disbelief—such lack of verisimilitude—can sow doubt regarding the Court’s candor and impartiality.
In analyzing the Court’s fealty to objective reality in its …
