Introduction To Agora: Reflections On Zivotofsky V. Kerry,
2015
Duke Law School
Introduction To Agora: Reflections On Zivotofsky V. Kerry, Curtis A. Bradley, Carlos M. Vazquez
Faculty Scholarship
No abstract provided.
Quitting In Protest: A Theory Of Presidential Policy Making And Agency Response,
2015
Duke Law School
Quitting In Protest: A Theory Of Presidential Policy Making And Agency Response, Charles M. Cameron, John M. De Figueiredo, David E. Lewis
Faculty Scholarship
This paper examines the effects of centralized presidential policy-making, implemented through unilateral executive action, on the willingness of bureaucrats to exert effort and stay in the government. Extending models in organizational economics, we show that policy initiative by the president is a substitute for initiative by civil servants. Yet, total effort is enhanced when both work. Presidential centralization of policy often impels policy-oriented bureaucrats ("zealots") to quit rather than implement presidential policies they dislike. Those most likely to quit are a range of moderate bureaucrats. More extreme bureaucrats may be willing to wait out an opposition president in the hope …
The President And The Constitution,
2015
Columbia Law School
The President And The Constitution, Peter L. Strauss
Faculty Scholarship
That comprehensive and undefined presidential powers hold both practical advantages and grave dangers for the country will impress anyone who has served as legal adviser to a President in time of transition and public anxiety.... The purpose of the Constitution was not only to grant power, but to keep it from getting out of hand.... With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.
The Administrative Conference And The Political Thumb,
2015
Columbia Law School
The Administrative Conference And The Political Thumb, Peter L. Strauss
Faculty Scholarship
In his valuable contribution to this special issue, Richard Pierce underscores the role the Administrative Conference of the United States (“ACUS”) has played over the years in encouraging on the ground fact-finding by its consultants, who have usually been academics consulted at the beginning of careers that ever after would be marked by this encounter with the realities of the administrative process. As the mentee of Walter Gellhorn, who directed the remarkable empirical studies of federal agency procedures that underlay the eventual Administrative Procedure Act (“APA”) and who was a member of the ACUS Council from its initiation in 1964 …
The Uncertain Effects Of Senate Confirmation Delays In The Agencies,
2015
University of Michigan Law School
The Uncertain Effects Of Senate Confirmation Delays In The Agencies, Nina A. Mendelson
Articles
As Professor Anne O’Connell has effectively documented, the delay in Senate confirmations has resulted in many vacant offices in the most senior levels of agencies, with potentially harmful consequences to agency implementation of statutory programs. This symposium contribution considers some of those consequences, as well as whether confirmation delays could conceivably have benefits for agencies. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political oversight are unlikely to be halted altogether. Further, regulatory policy making and even agenda setting can …
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap,
2015
University of Michigan Law School
Intelligence Legalism And The National Security Agency’S Civil Liberties Gap, Margo Schlanger
Articles
Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. Some have suggested that what we have learned is that the NSA is running wild, lawlessly flouting legal constraints on its behavior. This assessment is unfair. In fact, the picture that emerges from …
Taking Public Access To The Law Seriously: The Problem Of Private Control Over The Availability Of Federal Standards,
2015
University of Michigan Law School
Taking Public Access To The Law Seriously: The Problem Of Private Control Over The Availability Of Federal Standards, Nina A. Mendelson
Articles
In the 1930s, Harvard professor Erwin Griswold famously complained about the enormous numbers of New Deal regulations that were obscurely published on individual sheets or in “separate paper pamphlets.” Finding these binding federal rules was difficult, leading to “chaos” and an “intolerable” situation. Congress responded, requiring that agencies publish all rules in the Federal Register and in the Code of Federal Regulations (CFR). Currently, recent federal public laws, the entire U.S. Code, the Federal Register, and the CFR are all freely available online as well as in governmental depository libraries. But with respect to thousands of federal regulations, the clock …
The National Security Council And The Iran-Contra Affair,
2014
United States House of Representatives
The National Security Council And The Iran-Contra Affair, Ed Jenkins, Robert H. Brink
Georgia Journal of International & Comparative Law
No abstract provided.
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues,
2014
Georgetown University Law Center
Is Military Justice Sentencing On The March? Should It Be? And If So, Where Should It Head? Court-Martial Sentencing Process, Practice, And Issues, James E. Baker
Georgetown Law Faculty Publications and Other Works
This article starts with a sketch of the military justice system to orient readers. Understanding that structure, the article then describes the sentencing process for special and general courts-martial. The article follows by identifying two core military sentencing questions: First, should commanders have authority to grant clemency? Second, should the military justice system adopt sentencing guidelines? With respect to each topic presented, the article does not attempt to answer the questions nor offer prescriptions. Rather, it seeks to identify the principal fault lines around which debate should, or will likely, fall. The article next presents ‘‘nutshell’’ introductions to additional sentencing …
President Obama’S Immigration Plan: Rewriting The Law,
2014
Roger Williams University School of Law
President Obama’S Immigration Plan: Rewriting The Law, Peter Margulies
Law Faculty Scholarship
No abstract provided.
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993).,
2014
University of Georgia School of Law
The National Environmental Policy Act Of 1969 And Its Implications For Nafta: Public Citizen V. United States Trade Representative, 822 F. Supp. 21 (D.D.C.), Rev'd 5 F.3d 549 (D.C. Cir. 1993)., Kristin R. Loecke
Georgia Journal of International & Comparative Law
No abstract provided.
Constitution Making In The Countries Of Former Soviet Dominance: Current Development,
2014
Columbus School of Law
Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski
Georgia Journal of International & Comparative Law
No abstract provided.
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution,
2014
Brigham Young University Law School
War Over Words: Reinterpreting "Hostilities" And The War Powers Resolution, Eileen Burgin
Brigham Young University Journal of Public Law
No abstract provided.
Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional,
2014
University of Georgia School of Law
Lobue V. Christopher: Age-Old Separation Of Powers Debate Rages On As Court Rules Extradition Statute Unconstitutional, Joseph G. Silver
Georgia Journal of International & Comparative Law
No abstract provided.
Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative,
2014
University of Georgia School of Law
Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman
Georgia Journal of International & Comparative Law
No abstract provided.
Offices Of Goodness: Influence Without Authority In Federal Agencies,
2014
University of Michigan Law School
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Articles
Inducing governmental organizations to do the right thing is the central problem of public administration. Especially sharp challenges arise when “the right thing” means executing not only a primary mission but also constraints on that mission (what Philip Selznick aptly labeled “precarious values”). In a classic example, we want police to prevent and respond to crime and maintain public order, but to do so without infringing anyone’s civil rights. In the federal government, if Congress or another principal wants an executive agency to pay attention not only to its mission, but also to some other constraining or even conflicting value—I …
Holder’S Inconsistent Constitutional Legacy,
2014
Western New England University School of Law
Holder’S Inconsistent Constitutional Legacy, Lauren Carasik
Media Presence
No abstract provided.
Separation Of Powers Crisis: The Case Of Argentina,
2014
Georgetown University Law Center
Separation Of Powers Crisis: The Case Of Argentina, Manuel José J. García-Mansilla
Georgia Journal of International & Comparative Law
No abstract provided.
Vladimir Putin And The Rule Of Law In Russia,
2014
Southern Methodist University
Vladimir Putin And The Rule Of Law In Russia, Jeffrey Kahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal,
2014
Georgetown University Law Center
The Honduran Constitution Is Not A Suicide Pact: The Legality Of Honduran President Manuel Zelaya's Removal, Frank M. Walsh
Georgia Journal of International & Comparative Law
No abstract provided.
