The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012),
2013
University of Maryland Francis King Carey School of Law
The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federal Of Independent Business V. Sebelius (2012), Ronald Kahn
Schmooze 'tickets'
No abstract provided.
Getting Our Minds Around Noel Canning V. Nlrb: An Exchange,
2013
Yale Law School
Getting Our Minds Around Noel Canning V. Nlrb: An Exchange, Sanford Levinson, Jack Balkin
Schmooze 'tickets'
No abstract provided.
The Imbecilic Executive,
2013
University of Maryland Francis King Carey School of Law
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation,
2013
Pepperdine University
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss
Pepperdine Law Review
The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …
Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts,
2013
Pepperdine University
Nixon V. Fitzgerald: Recognition Of Absolute Immunity From Personal Damage Liability For Presidential Acts, Craig B. Forry
Pepperdine Law Review
Although traditionally it has been recognized that the President is absolutely immune from personal damage liability for his official acts, there is no precedent for this rule in constitutional text or case law. However, in the case of Nixon v. Fitzgerald, the Supreme Court overruled lower federal courts in establishing a clear precedent for the President's absolute immunity from personal liability for civil damages. The author examines this decision in light of traditional principles of official immunity and analyzes the Court's holding from the standpoint of whether the President is indeed placed "above the law."
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General,
2013
Pepperdine University
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
Pepperdine Law Review
The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities,
2013
Pepperdine University
The United States Government As Defendant - One Example Of The Need For A Uniform Liability Regime To Govern Outer Space And Space-Related Activities, Joseph A. Bosco
Pepperdine Law Review
No abstract provided.
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 ,
2013
Pepperdine University
Boiler Room Fraud: An Operational Plan Utilizing The Injunction Against Fraud Pursuant To 18 U.S.C. §1345 , Robert M. Twiss
Pepperdine Law Review
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols,
2013
Pepperdine University
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes,
2013
Pepperdine University
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
Pepperdine Law Review
No abstract provided.
The Department Of Justice Merger Guidelines: A Critique And A Proposed Improvement,
2013
Pepperdine University
The Department Of Justice Merger Guidelines: A Critique And A Proposed Improvement, R. Preston Mcafee, Michael A. Williams
Pepperdine Law Review
No abstract provided.
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?,
2013
Pepperdine University
National Treasury Employees Union V. Von Raab—Will The War Against Drugs Abrogate Constitutional Guarantees?, Alyssa C. Westover
Pepperdine Law Review
No abstract provided.
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein,
2013
University of Maryland Francis King Carey School of Law
How Equal Protection Did And Did Not Come To The United States, And The Executive Branch Role Therein, Leslie F. Goldstein
Maryland Law Review
No abstract provided.
Blurring The Lines: The Continuities Between Executive Power And Prerogative,
2013
University of Maryland Francis King Carey School of Law
Blurring The Lines: The Continuities Between Executive Power And Prerogative, Clement Fatovic
Maryland Law Review
No abstract provided.
Channel Checking And Insider Trading Liability,
2013
University of Michigan Law School
Channel Checking And Insider Trading Liability, Michael Byun
Michigan Business & Entrepreneurial Law Review
This note addresses the potential legality or illegality of channel checking in the context of a private equity buyout. In Part II, this note uses a hypothetical to demonstrate a situation in which a private equity acquirer might engage in a channel check. In Part III, this note analyzes federal judicial and SEC cases that have developed various categories of insider trading liability, and provides a framework for insider trading liability. In Part IV, this note applies the analysis from Part III to the hypothetical described in Part II. Part IV attempts to reach a conclusion about whether the private …
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core,
2013
University of Maryland Francis King Carey School of Law
Foreword: Executive Power: From The Constitutional Periphery To The Constitutional Core, Mark A. Graber
Maryland Law Review
No abstract provided.
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery,
2013
University of Maryland Francis King Carey School of Law
The Dangerous Fantasy Of Lincoln: Framing Executive Power As Presidential Mastery, Julie Novkov
Maryland Law Review
No abstract provided.
Implications Of The President’S Appointment Power,
2013
University of Maryland Francis King Carey School of Law
Implications Of The President’S Appointment Power, Peter E. Quint
Maryland Law Review
No abstract provided.
Lincoln, The Emancipation Proclamation, And Executive Power,
2013
University of Maryland Francis King Carey School of Law
Lincoln, The Emancipation Proclamation, And Executive Power, Henry L. Chambers Jr.
Maryland Law Review
No abstract provided.
The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius,
2013
University of Maryland Francis King Carey School of Law
The Commerce Clause And Executive Power: Exploring Nascent Individual Rights In National Federation Of Independent Business V. Sebelius, Ronald Kahn
Maryland Law Review
No abstract provided.
