Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle ,
2012
Pepperdine University
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System,
2012
Pepperdine University
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year,
2012
Pepperdine University
The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz
Pepperdine Law Review
No abstract provided.
Montesquieu's Theory Of Government And The Framing Of The American Constitution ,
2012
Pepperdine University
Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman
Pepperdine Law Review
No abstract provided.
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan,
2012
Pepperdine University
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
Technology Transfer Laws Governing Federally Funded Research And Development,
2012
Pepperdine University
Technology Transfer Laws Governing Federally Funded Research And Development, James V. Lacy, Bradford C. Brown, Michael R. Rubin
Pepperdine Law Review
No abstract provided.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?,
2012
Pepperdine University
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
Federalism And Preemption In October Term 1999,
2012
Pepperdine University
Federalism And Preemption In October Term 1999, Jonathan D. Varat
Pepperdine Law Review
No abstract provided.
Rediscovering A Principled Commerce Power ,
2012
Pepperdine University
Rediscovering A Principled Commerce Power , Douglas W. Kmiec
Pepperdine Law Review
No abstract provided.
Executive Privilege Under Washington's Separation Of Powers Doctrine,
2012
University of Washington School of Law
Executive Privilege Under Washington's Separation Of Powers Doctrine, Lee Marchisio
Washington Law Review
Since United States v. Nixon, the U.S. Supreme Court has recognized a qualified executive privilege grounded in federal separation of powers. The privilege allows the President to withhold executive branch communications when disclosure would undermine presidential decisionmaking while executing core constitutional duties. Several states have followed the Supreme Court’s lead and adopted an analogous gubernatorial privilege under state constitutional separation of powers. Focusing on Washington State’s well-developed separation of powers doctrine and strong populist history, this Comment argues that the Washington State Supreme Court should recognize a qualified gubernatorial privilege that also respects the state’s long history of citizen …
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel ,
2012
Pepperdine University
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel , Peter Margulies
Pepperdine Law Review
A Predator drone attack in Pakistan and the "enhanced interrogation techniques" that the Bush administration used on suspected terrorists have at least one thing in common: legal advice. While advice given the Obama administration on drones has received only a partial airing, disclosure that lawyers in the Justice Department’s Office of Legal Counsel (OLC) authorized coercive interrogation after 9/11 has ignited a wide-ranging debate on reform and accountability. However, the volume of calls for reform has exceeded consideration of the competing values at stake. Some reformers stress the need to combat a climate of impunity with formal sanctions such as …
In Defense Of The Obama Administration's Non-Defense Of Doma,
2012
American University Washington College of Law
In Defense Of The Obama Administration's Non-Defense Of Doma, Daniel J. Crooks Iii
Legislation and Policy Brief
The Constitution charges the President with the duty to “take Care that the Laws be faithfully executed . . . .” Moreover, the President takes an oath to “preserve, protect and defend the Constitution of the United States.” Although “[g]enerally, these duties are compatible . . ., when the Executive faces a law that he believes is unconstitutional, he must decide whether the law should be executed as written and defended if attacked, or whether the duty of faithfulness to the Constitution requires its repudiation.” This decision belongs to the President alone as the head of a co-equal branch of …
Who Decides On Security?,
2012
Cornell Law School
Who Decides On Security?, Aziz Rana
Cornell Law Faculty Publications
Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …
Making Executive Privilege Work: A Multi-Factor Test In An Age Of Czars And Congressional Oversight,
2012
Liberty University
Making Executive Privilege Work: A Multi-Factor Test In An Age Of Czars And Congressional Oversight, Ken Klukowski
Faculty Publications and Presentations
No abstract provided.
Foreign Affairs Federalism And The Limits On Executive Power,
2012
University of Chicago Law School
Foreign Affairs Federalism And The Limits On Executive Power, Zachary D. Clopton
Michigan Law Review First Impressions
On February 23 of this year, the Ninth Circuit Court of Appeals invalidated a California statute permitting victims of the Armenian genocide to file insurance claims, finding that the state's use of the label "Genocide" intruded on the federal government's conduct of foreign affairs. This decision, Movsesian v. Versicherung AG, addresses foreign affairs federalism—the division of authority between the states and the federal government. Just one month later, the Supreme Court weighed in on another foreign affairs issue: the separation of foreign relations powers within the federal government. In Zivotofsky v. Clinton, the Supreme Court ordered the lower courts to …
Filling The Judicial Vacancies In A Presidential Election Year,
2012
University of Richmond School of Law
Filling The Judicial Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
What President Obama Should Have Said About The Supreme Court And The Affordable Care Act,
2012
Georgia State University College of Law
What President Obama Should Have Said About The Supreme Court And The Affordable Care Act, Eric J. Segall
Faculty Publications By Year
No abstract provided.
The Institutions Of Antitrust Law: How Structure Shapes Substance,
2012
George Washington University Law School
The Institutions Of Antitrust Law: How Structure Shapes Substance, William E. Kovacic
Michigan Law Review
Daniel Crane's The Institutional Structure of Antitrust Enforcement ("Institutional Structure") may do for antitrust law what Essence of Decision did for public administration. Unlike most literature on antitrust law, this superb volume does not address pressing issues of substantive analysis (e.g., when can dominant firms offer loyalty discounts?). Instead, Institutional Structure studies the design and operation of the institutions of U.S. antitrust enforcement. Professor Crane skillfully advances a basic and powerful proposition: to master analytical principles without deep knowledge of the policy implementation mechanism is dangerously incomplete preparation for understanding the U.S. antitrust system, or any body of competition law. …
The Indefensible Duty To Defend,
2012
William & Mary Law School
The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash
Faculty Publications
Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status. By …
The Roberts Court & Executive Power,
2012
Pepperdine University
The Roberts Court & Executive Power, Jeffrey Rosen
Pepperdine Law Review
No abstract provided.
