The Appointment And Removal Of William J. Marbury And When An Office Vests,
2013
University of Virginia School of Law
The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash
Notre Dame Law Review
Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that precipitated Marbury v. Madison and also explains when an appointment vests. Thomas Jefferson famously refused to deliver a commission to William J. Marbury, causing the latter to seek a writ of mandamus from the Supreme Court. The received wisdom supposes that Jefferson’s refusal rested on the grounds that Marbury had not been appointed a justice of the peace precisely because he never had received a commission. In fact, Jefferson’s …
New York Times V. U.S.: Implications And Relevance In The 21st Century,
2013
Gettysburg College
New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi
Student Publications
In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform,
2013
St. Thomas University School of Law
Obama's Ruby Slippers: Enforcement Discretion In The Absence Of Immigration Reform, Lauren Gilbert
West Virginia Law Review
This Article explores how Deferred Action for Childhood Arrivals (DACA) emerged both from thwarted efforts at immigration reform and the Supreme Court's highly anticipated decision in Arizona v. UnitedStates.' I ar- gue that DACA not only was adopted in response to repeated failed efforts to pass the DREAM Act; it was also promulgated in anticipation of a possible fa- vorable ruling by the Court on S.B. 1070. In Part I, I examine the current sepa- ration of powers crisis in immigration policy. I look at both the context in which DACA was adopted and at challenges to DACA in Court …
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers,
2013
University of Colorado Law School
Agenda: Arizona V. California At 50: The Legacy And Future Of Governance, Reserved Rights, And Water Transfers, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Arizona v. California at 50: The Legacy and Future of Governance, Reserved Rights, and Water Transfers (Martz Summer Conference, August 15-16)
The Colorado River is an economic, environmental and cultural lifeline of the southwestern United States, and the allocation of its scarce waters are a source of ongoing controversy. This year marks the 50th anniversary of the Supreme Court decision in Arizona v. California. While the case was an important landmark in the still-evolving relationship between these two Lower Basin states, it remains most relevant today by the way in which it clarified federal rights and responsibilities. This is especially true in the areas of federal (including tribal) reserved rights, the role of the Interior Secretary in Lower Basin water …
Interpretation Catalysts And Executive Branch Legal Decisionmaking,
2013
Boston University
Interpretation Catalysts And Executive Branch Legal Decisionmaking, Rebecca Ingber
Faculty Scholarship
Recent years have seen much speculation over executive branch legal interpretation and internal decisionmaking, particularly in matters of national security and international law. Debate persists over how and why the executive arrives at particular understandings of its legal constraints, the extent to which the positions taken by one presidential administration may bind the next, and, indeed, the extent to which the President is constrained by law at all. Current scholarship focuses on rational, political, and structural arguments to explain executive actions and legal positioning, but it has yet to take account of the diverse ways in which legal questions arise …
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law,
2013
Touro University Jacob D. Fuchsberg Law Center
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
On Executive Clemency: The Pardon Of Richard M. Nixon ,
2013
Pepperdine University
On Executive Clemency: The Pardon Of Richard M. Nixon , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
The Mink Case: Restoring The Freedom Of Information Act ,
2013
Pepperdine University
The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink
Pepperdine Law Review
No abstract provided.
Book Reviews,
2013
Pepperdine University
Book Reviews, James D. Mcgoldrick, Charles I. Nelson
Pepperdine Law Review
No abstract provided.
Land Management, U.S. Bureau Of,
2013
Purdue University
Land Management, U.S. Bureau Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.
Energy, U.S. Department Of,
2013
Purdue University
Energy, U.S. Department Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.
Army Corps Of Engineers, U.S.,
2013
Purdue University
Army Corps Of Engineers, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.
Colorado River Compact (1922),
2013
Purdue University
Colorado River Compact (1922), Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the 1922 Colorado River Compact seeking to fairly distribute Colorado River water to Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming and their increasing populations.
Hydroelectric Power,
2013
Purdue University
Hydroelectric Power, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the advantages and disadvantages of federal government support for hydroelectric power in the American West.
Oil Industry,
2013
Purdue University
Oil Industry, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.
Federal Energy Regulatory Commission, U.S.,
2013
Purdue University
Federal Energy Regulatory Commission, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.
Mining, Uranium,
2013
Purdue University
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
Subsidies, Agricultural,
2013
Purdue University
Subsidies, Agricultural, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides historical and contemporary information on U.S. Government agricultural subsidies and how they affect agricultural policy in the Western U.S.
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings),
2013
Pepperdine University
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alj Support Systems: Staff Attorneys And Decision Writers,
2013
Pepperdine University
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
