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.
Passive-Aggressive Executive Power,
2013
University of Maryland Francis King Carey School of Law
Passive-Aggressive Executive Power, Corinna Barrett Lain
Maryland Law Review
No abstract provided.
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power,
2013
University of Maryland Francis King Carey School of Law
The Court’S Decisive Hand Shapes The Executive’S Foreign Affairs Policymaking Power, Kimberley L. Fletcher
Maryland Law Review
No abstract provided.
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent,
2013
University of Maryland Francis King Carey School of Law
Obama Administration’S Non-Defense Of Doma And Executive Duty To Represent, Kathleen Tipler
Maryland Law Review
No abstract provided.
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books,
2013
Yale University
Chief Justices And Chief Executives: Some Thoughts On Jim Simon’S Books, Akhil Reed Amar
NYLS Law Review
No abstract provided.
Toward Genuine Tribal Consultation In The 21st Century,
2013
William Mitchell College of Law
Toward Genuine Tribal Consultation In The 21st Century, Colette Routel, Jeffrey Holth
University of Michigan Journal of Law Reform
The federal government's duty to consult with Indian tribes has been the subject of numerous executive orders and directives from past and current U.S. Presidents, which have, in turn, resulted in the proliferation of agency-specific consultation policies. However, there is still no agreement regarding the fundamental components of the consultation duty. When does the consultation duty arise? And what does it require of the federal government? The answers to these questions lie in the realization that the tribal consultation duty arises from the common law trust responsibility to Indian tribes, which compels the United States to protect tribal sovereignty and …
Toward Comprehensive Reform Of America's Emergency Law Regime,
2013
University of Michigan Law School
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
University of Michigan Journal of Law Reform
Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration,
2013
University of Michigan Law School
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong,
2013
Touro Law Center
Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris
Touro Law Review
No abstract provided.
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11,
2013
University of Maryland Francis King Carey School of Law
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
Passive-Aggressive Executive Power,
2013
University of Richmond
Passive-Aggressive Executive Power, Corinna Barrett Lain
Law Faculty Publications
My contribution to the 2013 Constitutional Law Schmooze poses a question about the downside of executive power, at least in the enforcement context. If executive power to enforce the law presupposes the duty to use it, what happens when the executive branch would rather not? Perhaps reframing the question will help. What do the death penalty, driving violations, drugs, deportation, and the Defense of Marriage Act (“DOMA”) have in common, besides the letter “d”? The answer is passive-aggressive executive power, and in the brief discussion that follows, I use these five factual contexts to illustrate five variations of what I …
