US Army War College
Northwestern Pritzker School of Law
University of the District of Columbia David A Clarke School of Law
Curry College
Duke Law School
Chapman University
Boston University School of Law
Case Western Reserve University School of Law
Seattle University School of Law
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars,
2022
Georgetown University Law Center
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules,
2022
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 …
The Presidential Succession Act At 75 | Nuclear Weapons And The Presidential Succession Act Of 1947,
2022
Fordham Law School
The Presidential Succession Act At 75 | Nuclear Weapons And The Presidential Succession Act Of 1947, Rebecca C. Lubot
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | A White House Counsel’S Perspective On Presidential Health And The Line Of Succession,
2022
Continuity of Government Commission
The Presidential Succession Act At 75 | A White House Counsel’S Perspective On Presidential Health And The Line Of Succession, Arthur B. Culvahouse Jr.
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Presidential And Vice Presidential Illness And The Presidential Succession Act Of 1947,
2022
Brown University
The Presidential Succession Act At 75 | Presidential And Vice Presidential Illness And The Presidential Succession Act Of 1947, Rose Mcdermott
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Continuity Of Government Efforts,
2022
Fordham Law School
The Presidential Succession Act At 75 | Continuity Of Government Efforts, Garrett M. Graff
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Carl Albert, Bipartisanship, And Presidential Succession: Lessons From Watergate,
2022
Weill Cornell Medical College
The Presidential Succession Act At 75 | Carl Albert, Bipartisanship, And Presidential Succession: Lessons From Watergate, Joseph J. Fins
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Proposals To Reform The 1947 Act And How Reform Could Be Effectuated,
2022
American Enterprise Institute
The Presidential Succession Act At 75 | Proposals To Reform The 1947 Act And How Reform Could Be Effectuated, John C. Fortier
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | How Close Has The United States Come To Having Lawmakers Succeed To The Presidency?,
2022
Continuity of Government Commission
The Presidential Succession Act At 75 | How Close Has The United States Come To Having Lawmakers Succeed To The Presidency?, Roy E. Brownell Ii
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Incumbency “Requirement” In The Presidential Succession Act Of 1947: Policy And Constitutional Considerations,
2022
Villanova University
The Presidential Succession Act At 75 | The Incumbency “Requirement” In The Presidential Succession Act Of 1947: Policy And Constitutional Considerations, James Ronan
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?,
2022
O'Mulveny & Myers
The Presidential Succession Act At 75 | The 1947 Act And The Judiciary: Would The Courts Decide Who Is President?, Gregory F. Jacob
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Bumping Provisions Of The Presidential Succession Act Of 1947: Policy And Constitutional Considerations,
2022
Fordham Law School
The Presidential Succession Act At 75 | The Bumping Provisions Of The Presidential Succession Act Of 1947: Policy And Constitutional Considerations, Americo Cinquegrana
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems,
2022
Michigan State University College of Law
The Presidential Succession Act At 75 | The Twentieth Amendment, The Presidential Succession Act Of 1947, And Pre-Inaugural Problems, Brian C. Kalt
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions,
2022
Maynooth University School of Law and Criminology
The Presidential Succession Act At 75 | A Defense Of The Legislative “Officer” Succession Provisions, Seth Barrett Tillman
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Problems With The Legislative Succession Provisions Of The Presidential Succession Act Of 1947,
2022
American Enterprise Institute
The Presidential Succession Act At 75 | Problems With The Legislative Succession Provisions Of The Presidential Succession Act Of 1947, Norm J. Ornstein
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947,
2022
Saint Louis University School of Law
The Presidential Succession Act At 75 | History Of The Legislative Succession Provisions In The Presidential Succession Act Of 1947, Joel K. Goldstein
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment,
2022
Fordham University School of Law
The Presidential Succession Act At 75 | The Relationship Between The Presidential Succession Act Of 1947 And The Twenty-Fifth Amendment, John Rogan
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Keynote Address,
2022
Paul, Weiss, Rifkind, Wharton & Garrison
The Presidential Succession Act At 75 | Keynote Address, Jeh C. Johnson
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
The Presidential Succession Act At 75 | Opening Address,
2022
Fordham University School of Law
The Presidential Succession Act At 75 | Opening Address, John D. Feerick
Fordham Law Review Online
These remarks were delivered as part of the program entitled The Presidential Succession Act at 75: Praise It or Bury It?, which was held on April 6, 2022, and hosted by the Fordham University School of Law. The Presidential Succession Act sets out the presidential line of succession and other procedures for situations in which the president and vice president have both died, resigned, been removed, or become unable to discharge the presidency’s powers and duties. The Act also addresses succession scenarios before Inauguration Day. In light of the statute’s seventy-fifth anniversary, this program explored relevant history and analyzed …
Interring The Unitary Executive,
2022
Interim Director, Institute for Consumer Antitrust Studies, and Distinguished Professor in Residence, Loyola University Chicago School of Law
Interring The Unitary Executive, Christine Kexel Chabot
Notre Dame Law Review
The President’s power to remove and control subordinate executive officers has sparked a constitutional debate that began in 1789 and rages on today. Leading originalists claim that the Constitution created a “unitary executive” President whose plenary removal power affords her “exclusive control” over subordinates’ exercise of executive power. Text assigning the President a removal power and exclusive control appears nowhere in the Constitution, however, and unitary scholars have instead relied on select historical understandings and negative inferences drawn from a supposed lack of independent regulatory structures at the Founding. The comprehensive historical record introduced by this Article lays this debate …
