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.
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 …
The Con Law Professor With Judicial Appointment Power,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
The Con Law Professor With Judicial Appointment Power, Theresa M. Beiner
Law Faculty Scholarship
This essay explores whether, how or, perhaps, to what extent President Barack Obama’s time as a constitutional law professor at the University of Chicago is reflected in his approach to judicial appointments. Three things are striking about President Obama’s initial approach to judicial selection. First, he has appointed the most diverse bench of any President. Second, he has appointed judges rather slowly compared to his predecessors. And, finally, he has appointed a rather politically moderate bench. How might these particular and in some ways surprising aspects of President Obama’s judicial appointments reflect – or not reflect – his time as …
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 …
Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines,
2013
Claremont McKenna College
Grand Strategy In U.S. Foreign Policy: The Carter, Bush, And Obama Doctrines, Sara M. Birkenthal
CMC Senior Theses
This paper seeks to determine under what conditions a U.S. president can implement a grand strategy given the nature of domestic and international opportunities and constraints. It will examine three comparative case studies: Jimmy Carter, George W. Bush, and Barack Obama, with the goal of determining what conditions are necessary at the individual, domestic, and systemic levels of analysis for grand strategy implementation. At the individual level, it will apply operational code analysis, as well as an examination of personal characteristics for each case study. At the domestic level, it will apply a five-prong test for examining factors that are …
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach,
2013
Claremont McKenna College
Reforming Affirmative Action For The Future: A Constitutional And Consequentialist Approach, Quinn Chasan
CMC Senior Theses
In my analysis of affirmative action policy, I began the search without having formed any opinion whatsoever. The topic was interesting to me, and after reading a mass of news editorials and their op-eds, I decided to take up the argument for myself. Other than the fact that I am a student, I have no stake in affirmative action policy. This paper relies primarily on the foremost half-dozen or so notable mismatch theory scholars, a close reading of an innumerable number of Supreme Court opinions, affirmative action related studies from higher education academics and policy institutes, and how historical executive …
Two Great Leaders,
2013
The University of Texas
Some Guidance About Federal Agencies And Guidance,
2013
University of Washington School of Law
Some Guidance About Federal Agencies And Guidance, Mary Whisner
Librarians' Articles
The federal administrative system is complex and contains ambiguities about what counts as an “agency,” and there is an amorphous border between regulations and guidance. The body of guidance documents (or nonlegislative rules) is growing, both in volume and in importance, and legal researchers should be aware of this important source of authority, as well as its unclear status.
President John Adams And Four Chief Justices: An Essay For James F. Simon,
2013
New York Law School
President John Adams And Four Chief Justices: An Essay For James F. Simon, R.B. Bernstein
NYLS Law Review
No abstract provided.
Midnight Rules: A Reform Agenda,
2013
Boston University School of Law
Midnight Rules: A Reform Agenda, Jack M. Beermann
Faculty Scholarship
There is a documented increase in the volume of regulatory activity during the last 90 days of presidential administrations. The phenomenon of late-term regulatory activity has been called “Midnight Regulation” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Report, prepared for the Administrative Conference of the United States, looks closely at one species of Midnight Regulation, namely Midnight Rules, promulgated in the last 90 days of an administration. The Report examines the phenomenon and concludes with recommendations adopted by the Administrative Conference of the United States at its …
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.
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.
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.
