The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability,
2017
Western New England University School of Law
The President's Private Dictionary: How Secret Definitions Undermine Domestic And Transnational Efforts At Executive Branch Accountability, Sudha Setty
Indiana Journal of Global Legal Studies
The 2016 EU-U.S. Privacy Shield is an agreement allowing companies to move customer data between the European Union and the United States without running afoul of heightened privacy protections in the European Union. It was developed in response to EU concerns that the privacy rights of its citizens have been systematically abrogated by the U.S. government in the name of national security, and contains a variety of assurances that the United States will respect and protect the privacy rights of EU citizens.
How trustworthy are the U.S. assurances under the Privacy Shield? Both the Bush and Obama administrations secretly interpreted …
Globalization And The Growth Of Executive Power: An Old Story,
2017
University of Massachusetts School of Public Policy
Globalization And The Growth Of Executive Power: An Old Story, Alasdair Roberts
Indiana Journal of Global Legal Studies
Americans have always worried about an undue concentration of power in the executive branch. Recently, people have worried that globalization might be making the problem even worse. But the concern is overstated, or at least misstated. Globalization is not a new phenomenon, and most of its effect on executive power was realized decades ago. And globalization might undermine executive power, rather than bolster it, either because globalization undermines the authority of the nation-state or shifts authority to technocrats. If there is a general tendency toward increased executive power in the twenty-first century, this is might attributable more directly to other …
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay,
2017
Roger Williams University
Refugee Eo: Hawaii’S Response To The Government’S Request For A Stay, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory,
2017
Roger Williams University School of Law
Refugee Eo Update: The Supreme Court Hands Each Side A Partial Victory, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Origins And Boundaries Of Executive Privilege,
2017
University of New Hampshire School of Law
The Origins And Boundaries Of Executive Privilege, John M. Greabe
Law Faculty Scholarship
[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation,
2017
Roger Williams University School of Law
Refugee Eo Stay: Ninth Circuit Dismisses Hawaii’S Appeal But Draws A Roadmap For Future Litigation, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780,
2017
Roger Williams University School of Law
Hawaii Judge Watson Declines To Clarify Scope Of Preliminary Injunction On Executive Order 13,780, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees,
2017
Roger Williams University School of Law
The Eo Stay: The Government Doubles Down On Excluding Grandparents And Refugees, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships,
2017
Roger Williams University School of Law
Implementing The Refugee Eo: The State Department Should Consider Refugee Agency Assurances As Bona Fide Relationships, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Smith V. Obama: A Neoclassical After Action Review,
2017
Florida State University College of Law
Smith V. Obama: A Neoclassical After Action Review, Sam Walenz
Florida State University Law Review
No abstract provided.
#Betterrules: The Appropriate Use Of Social Media In Rulemaking,
2017
Mercer University Law School
#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson
Florida State University Law Review
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, July 2017,
2017
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …
Implementing The Refugee Eo: Add Grandparents,
2017
Roger Williams University School of Law
Implementing The Refugee Eo: Add Grandparents, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Travel Ban In The Supreme Court: Crafting A Workable Remedy,
2017
Roger Williams University
The Travel Ban In The Supreme Court: Crafting A Workable Remedy, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute,
2017
Roger Williams University School of Law
The Ninth Circuit’S Refugee Eo Decision: Methodically Misreading The Immigration Statute, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906,
2017
University of Colorado at Boulder
Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace
Research Data
These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:
- U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
- U.S. Department of the Interior, Office of the Solicitor, Opinion of June 3, 1924, M-12501, M-12529 (cited …
Internal Administrative Law,
2017
Columbia Law School
Internal Administrative Law, Gillian E. Metzger, Kevin M. Stack
Michigan Law Review
For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has begun to attend to the role of internal norms and structures in controlling agency action. This Article offers a conceptual and historical account of these internal forces as internal administrative law. Internal administrative law consists of the internal directives, guidance, and organizational forms through which agencies structure the discretion of their employees and presidents control the workings of the executive branch. It is the critical means for …
Making Treaty Implementation More Like Statutory Implementation,
2017
University of Pennsylvania Law School
Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith
Michigan Law Review
Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …
Should The President’S Words Matter In Court?,
2017
Benjamin N. Cardozo School of Law
Should The President’S Words Matter In Court?, Katherine A. Shaw
Online Publications
The most striking aspect of last Thursday’s opinion by the United States Court of Appeals for the Fourth Circuit, which rejected the Trump administration’s latest effort to revive its travel ban for individuals from six predominantly Muslim countries, was its reliance on Donald Trump’s own words as candidate, president-elect and president. The court leaned particularly heavily on his now-famous campaign statement that he was “calling for a total and complete shutdown of Muslims entering the United States.”
The Fourth Circuit And The Refugee Eo: Establishing Confusion,
2017
Roger Williams University School of Law
The Fourth Circuit And The Refugee Eo: Establishing Confusion, Peter Margulies
Law Faculty Scholarship
No abstract provided.
