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.
The Trump Presidency And The Press,
2017
University of New Hampshire School of Law
The Trump Presidency And The Press, John M. Greabe
Law Faculty Scholarship
[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."
With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017,
2017
Roger Williams University
With Chelsea Manning's Release, Lead Trial Attorney Coombs Recalls Case: Rwu Law Professor David E. Coombs Revisits Issues In The Case, Looks Forward To Teaching Again Next Year 05-17-2017, Edward Fitzpatrick
Life of the Law School (1993- )
No abstract provided.
The Ninth Circuit And The Refugee Eo: Back To The Statute?,
2017
Roger Williams University School of Law
The Ninth Circuit And The Refugee Eo: Back To The Statute?, Peter Margulies
Law Faculty Scholarship
No abstract provided.
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy,
2017
Liberty University
A Comparative Approach To Counter-Terrorism Legislation And Legal Policy, Paul David Hill Jr
Senior Honors Theses
Since the 9/11 attacks, American legislation and legal policy in regards to classifying and processing captured terrorists has fallen short of being fully effective and lawful. Trial and error by the Bush and Obama administrations has uncovered two key lessons: (1) captured terrorists are not typical prisoners of war and thus their detainment must involve more legal scrutiny than the latter; and (2) captured terrorists are not ordinary criminals and thus the civilian criminal court system, due to constitutional constraints, is not capable of adequately trying every count of terrorism. Other nations, including France and Israel, approach this problem with …
