Law, Race, And The Epistemology Of Ignorance,
2020
Southern Methodist University, Dedman School of Law
Law, Race, And The Epistemology Of Ignorance, George A. Martinez
Faculty Journal Articles and Book Chapters
Philosophers and other theorists have developed the field of epistemology which is the study of human knowledge. Critical race theorists have begun to explore how epistemological theory and insights may illuminate the study of race, including the analysis of race and the law. Such use of epistemology is appropriate because theoretical work on knowledge can be used to advance one of the key goals of critical race theory which is to understand how a regime of white supremacy and its subordination of people of color have been created and maintained in America. In this regard, philosophers and other theorists have …
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31,
2020
New York Law School
Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman
NYLS Law Review
No abstract provided.
Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?,
2020
Candidate for J.D., Roger Williams University School of Law, 2020
Does Doe V. Mattis Open The Door To Citizen-Detainee Transfer?, Amy Greer Ph.D.
Roger Williams University Law Review
No abstract provided.
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement,
2020
University of Colorado Law School
Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux
Publications
No abstract provided.
Foreword, National Injunctions: What Does The Future Hold?,
2020
University of Colorado Law School
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Publications
This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative,
2020
New York Law School
The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley
NYLS Law Review
No abstract provided.
Hargis V. Bevin,
2020
New York Law School
Presidential Whim,
2020
University at Buffalo School of Law
Presidential Whim, Matthew J. Steilen
Journal Articles
This article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump's leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of …
Presidential Crimes Matter,
2020
University of Georgia School of Law
Presidential Crimes Matter, Julian A. Cook
Scholarly Works
The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s persistent undermining of Special Counsel Robert Mueller’s Russian interference and obstruction of justice investigations and prosecutions are clarion calls to reform the process by which the executive branch criminally investigates itself. But there is another critical circumstance—the Special Counsel regulations—that has been largely overlooked and has been grossly underappreciated in the public discussion about undue executive branch influence. These regulations are foundational, their impact …
Healthy And Unhealthy Responses To American Democratic Institutional Failure,
2020
Claremont McKenna College
Healthy And Unhealthy Responses To American Democratic Institutional Failure, Thomas D'Anieri
CMC Senior Theses
I have set out on the hunch that politics in America “feels different,” that we are frustrated both with our institutions as well as with one another. First, I will seek to empirically verify this claim beyond mere “feelings.” If it can be shown that these kinds of discontent genuinely exist to the extent that I believe they do, I will then explain why people feel this way and why things are different this time from the economic, political, and social points of view. Next, I will examine two potential responses, what I will call the populist and the institutional …
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce,
2020
New York Law School
Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod
Articles & Chapters
Available at https://www.harvard-jlpp.com/
Honoring Sally Jewell,
2020
University of Colorado Law School
Administrative Law's Extraordinary Cases,
2020
University of Colorado Law School
Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson
Publications
The Supreme Court's major questions doctrine is grounded in the Chevron framework. Reconstituting it as a "major rules" exception to Chevron or as a non-delegation principle are misguided and create greater uncertainty.
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?,
2020
University of Colorado Law School
How Much Procedure Is Needed For Agencies To Change “Novel” Regulatory Policies?, Ming Hsu Chen
Publications
The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make policy, it need not provide notice to the public or allow comment on the new rule; this makes changes easier and faster and less subject to judicial review. Under the Obama Administration, guidance documents were used to implement policy shifts in many areas of administrative law, including civil rights issues such as transgender inclusion and campus sexual harassment and immigration law issues such as …
Making Litigating Citizenship More Fair,
2020
University of Colorado Law School
Making Litigating Citizenship More Fair, Ming H. Chen
Publications
No abstract provided.
New Environmental Crimes Project Data Shows That Pollution Prosecutions Plummeted During The First Two Years Of The Trump Administration,
2020
University of Michigan Law School
New Environmental Crimes Project Data Shows That Pollution Prosecutions Plummeted During The First Two Years Of The Trump Administration, David M. Uhlmann
Other Publications
The latest data from the Environmental Crimes Project at the University of Michigan Law School shows a dramatic drop in pollution prosecutions during the first two years under President Donald J. Trump. The data, which now includes 14 years of cases from 2005–2018, shows a 70 percent decrease in Clean Water Act prosecutions under President Trump, as well as a more than 50 percent decrease in Clean Air Act prosecutions. The data again shows that most defendants charged with pollution crime commit misconduct involving one or more of the aggravating factors identified in my previous scholarship, so prosecutors continue to …
Presidential Control Over Disputed Elections,
2020
University of Washington School of Law
Presidential Control Over Disputed Elections, Lisa Marshall Manheim
Articles
An election that is “disputed” lacks two qualities after Election Day: a clear winner and a concession. These elections instead depend on legal processes — recounts, court proceedings, and more — for resolution. As a result, when a sitting President, running for reelection, becomes immersed in a disputed presidential election, he potentially enjoys an advantage over his opponent. He can attempt to exploit the powers of the presidency to push these legal proceedings in his favor. As a practical matter, this advantage can be formidable. A sitting president can resort to his extraordinary bully pulpit, for example, to influence public …
After Ice: A New Humane & Effective Immigration Enforcement Paradigm,
2020
Benjamin N. Cardozo School of Law
After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz
Articles
In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …
Judicial Credibility,
2020
Columbia Law School
Judicial Credibility, Bert I. Huang
Faculty Scholarship
Do people believe a federal court when it rules against the government? And does such judicial credibility depend on the perceived political affiliation of the judge? This study presents a survey experiment addressing these questions, based on a set of recent cases in which both a judge appointed by President George W. Bush and a judge appointed by President Bill Clinton declared the same Trump Administration action to be unlawful. The findings offer evidence that, in a politically salient case, the partisan identification of the judge – here, as a “Bush judge” or “Clinton judge” – can influence the credibility …
Fixing America's Founding,
2020
Columbia Law School
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
