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.
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers,
2014
University of Georgia School of Law
Who's Checking?: Taking A Look At Recently Enacted Foreign Intelligence Surveillance Laws In The United States And Zimbabwe And Their Impact On The Separation Of Powers, Andrew M. O'Connell
Georgia Journal of International & Comparative Law
No abstract provided.
Section 2: Congress & The Obama White House,
2014
William & Mary Law School
Section 2: Congress & The Obama White House, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Executive Power And Regional Climate Change Agreements,
2014
Pace University School of Law
Executive Power And Regional Climate Change Agreements, Conor J. Walline
Pace Environmental Law Review
This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has …
The Struggle Over Executive Appointments,
2014
SJ Quinney College of Law, University of Utah
The Struggle Over Executive Appointments, John C. Roberts
Utah Law Review
This Article argues that the long-term struggle between the President and the Senate over executive appointments has now reached a crisis and that we may be approaching a point where the President’s crucial duty to take care that the laws be faithfully executed is significantly impaired. During the Obama administration, an unprecedented number of judgeships and executive branch positions remain unfilled, threatening the smooth functioning of government at an especially demanding time.
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action,
2014
University of North Carolina
Actually We Should Wait: Evaluating The Obama Administration’S Commitment To Unilateral Executive-Branch Action, William P. Marshall
Utah Law Review
This Article agrees with the premise that increased polarization in American politics has made the work of the executive branch more difficult and that this Congress in particular has failed to act responsibly. It also agrees that presidents may no longer be able to expect that members of Congress will abandon their partisan interests in favor of the common good.9 It does not agree, however, that separation-of-powers constraints on the presidency should be adjusted to reflect this new political dynamic.
Trade,
2014
Purdue University
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
Revenue, U.S. Government,
2014
Purdue University
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
Unitary Innovations And Political Accountability,
2014
Cornell Law School
Unitary Innovations And Political Accountability, Edward H. Stiglitz
Cornell Law Faculty Publications
An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the President. As the Supreme Court recently reminded us in Free Enterprise Fund v. Public Company Accounting Oversight Board, one foundation for this doctrinal trend is a fear that diffusing power diffuses accountability. Here, I study whether institutional innovations resulting from such judicial decisions support this functionalist constitutional value of political accountability, emphasizing under-appreciated complications arising out of interbranch relations. For most of the Article, I conduct an indepth empirical case study of the legislative veto, one …
The Hearing Examiners And The Administrative Procedure Act, 1937-1960,
2014
Pepperdine University
The Hearing Examiners And The Administrative Procedure Act, 1937-1960, Joanna L. Grisinger
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State,
2014
Chicago-Kent College of Law
William E. Nelson's The Roots Of American Bureaucracy And The Resuscitation Of The Early American State, Gautham Rao
Chicago-Kent Law Review
In 1983, William E. Nelson published The Roots of American Bureaucracy, 1830–1900. Nelson traced the somewhat unlikely emergence and victory of the bureaucratic model in American political and legal thought. This article summarizes the book’s argument and describes its reception. It also seeks to assess the scholarly legacy of The Roots of American Bureaucracy. I argue that the book was ahead of its time because it contradicted prevailing scholarly trends in identifying a significant federal state in nineteenth-century America. In particular, during the past two decades, historians and political scientists have built on Nelson’s insights to develop a consensus about …
Criminal Procedure Decisions From The October 2006 Term,
2014
Brooklyn Law School
Criminal Procedure Decisions From The October 2006 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Resolving The Alj Quandary,
2014
Pepperdine University
Resolving The Alj Quandary, Kent Barnett
Journal of the National Association of Administrative Law Judiciary
Three competing constitutional and practical concerns surround federal administrative law judges (“ALJs”), who preside over all formal adjudications within the executive branch. First, if ALJs are “inferior Officers” (not mere employees), as five current Supreme Court Justices have suggested, the current method of selecting many ALJs likely violates the Appointments Clause. Second, a recent U.S. Supreme Court decision reserved the question whether the statutory protections that prevent ALJs from being fired at will impermissibly impinge upon the President’s supervisory power under Article II. Third, these same protections from removal may, on the other hand, be too limited to satisfy impartiality …
Standing Outside Article Iii,
2014
William & Mary Law School
Standing Outside Article Iii, Tara Leigh Grove
Faculty Publications
The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists and scholars have assumed that the standing of the executive branch and the legislature, like that of other parties, depends solely on Article III. But I argue that these commentators have overlooked a basic constitutional principle: federal institutions must have affirmative authority for their actions, including the power to bring suit or appeal in federal court. Article III defines the federal “judicial Power” and does not purport to confer any authority on the executive branch or the legislature. Executive and …
Presidential Inaction And The Separation Of Powers,
2014
Yale Law School
Presidential Inaction And The Separation Of Powers, Jeffrey A. Love, Arpit K. Garg
Michigan Law Review
Imagine two presidents. The first campaigned on an issue that requires him to expand the role of the federal government-—maybe it was civil rights legislation or stricter sentencing for federal criminals. In contrast, the second president pushes policies—-financial deregulation, perhaps, or drug decriminalization—-that mean less government involvement. Each is elected in a decisive fashion, and each claims a mandate to advance his agenda. The remaining question is what steps each must take to achieve his goals. The answer is clear, and it is surprising. To implement his preferred policies, the first president faces the full gauntlet of checks and balances-—from …
