President/Executive Department Commons^™

Waiving Goodbye To Nondisclosure Under Foia’S Exemption 4: The Scope And Applicability Of The Waiver Doctrine, Patrick Lightfoot

Catholic University Law Review

No abstract provided.

Beyond Foreign Policy: A Fresh Look At Cross-Cultural Negotiations And Dispute Resolution Based On The India-United States Nuclear Test Ban Negotiations, Sukhsimranjit Singh

Cardozo Journal of Conflict Resolution

This paper has three goals: first, to study the negotiation of CTBT from Indian and U.S. perspectives; second, to analyze the influence of culture on the processes and outcomes of nuclear negotiations; and third, to provide an approach that would have produced a better result in the CTBT negotiations, and which could be used with more success in future bilateral and multi-lateral negotiations. The approach and lessons from my analysis can also be applied towards other cross-cultural disputes, especially to those that involve national culture. I conclude that the CTBT negotiation between India and the U.S. (among other nations) was …

Heeding The Clarion Call For Sustainable, Spiritual Western Landscapes: Will The People Be Granted A New Forest Service?, Charles Wilkinson, Daniel Cordalis

Publications

No abstract provided.

Assessing The Impeachment Of President Bill Clinton From A Post 9/11 Perspective, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The impeachment of President Clinton was more a circus than a serious effort to remove the President of the United States. The reason is simple: Few people--in the Congress or the country--wanted to remove him or believed the impeachment effort would actually result in his removal. Instead, it was a partisan political effort to embarrass Clinton and "send a message" of disapproval. Congress was attaching a "scarlet letter." But this was an indulgence that posed considerable danger that few in Congress considered. In particular, few tried to assess the potential impact this use of the process would have on the …

Judicial Review Of Constitutional Transitions: War And Peace And Other Sundry Matters, Rivka Weill

Vanderbilt Journal of Transnational Law

Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive's authority is questionable because of the democratic difficulties and agency concerns that arise at the end of the executive's term. Thus, parliamentary systems developed constitutional conventions that restrict caretaker governments' action. These conventions seem to achieve the desired results in the United Kingdom, Canada, New Zealand, and Australia. In contrast, in the United States, the prevailing norm is that there is only one president at a time, and this is the incumbent president, who is fully authorized to govern the country and his or …

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Scholarly Works

The Armenian Genocide during the waning days of the Ottoman Empire continues to represent one of history’s underappreciated atrocities. Comparatively few people even know about the 1.5 million deaths or the government-sponsored extermination attempt that provided Hitler with a blueprint for the Nazi Holocaust. Unlike the Holocaust, however, there was never any accounting demanded of those responsible for the Armenian Genocide. In the aftermath of both tragedies, insurers seized upon the resulting disarray and victimization to deny life insurance benefits owed as a result of the killings. American-based litigation to vindicate rights under the Armenian polices faced substantial legal and …

Congress In Court, Amanda Frost

Scholarly Articles in Law Reviews & Journals

Congress rarely participates in litigation about the meaning of federal law. By contrast, the executive branch joins in federal litigation on a regular basis as either a party or amicus curiae. Congress simply assumes that the president’s lawyers adequately represent its interests save in those rare instances when the two branches have a direct conflict. This Article questions that assumption.

The federal judiciary’s approach to statutory and constitutional interpretation diminishes Congress’s influence, often to the benefit of the executive branch. The rise of textualism, the canon of constitutional avoidance, the reliance on Chevron deference, and the courts’ reluctance to second-guess …

To Tax, To Spend, To Regulate, Gillian E. Metzger

Faculty Scholarship

Two very different visions of the national government underpin the ongoing battle over the Affordable Care Act (ACA). President Obama and supporters of the ACA believe in the power of government to protect individuals through regulation and collective action. By contrast, the ACA's Republican and Tea Party opponents see expanded government as a fundamental threat to individual liberty and view the requirement that individuals purchase minimum health insurance (the so-called "individual mandate") as the conscription of the healthy to subsidize the sick. This conflict over the federal government's proper role is, of course, not new; it has played out repeatedly …

Fdr And Chief Justice Hughes: The President, The Supreme Court, And The Epic Battle Over The New Deal, James F. Simon

Books

By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.

The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, …

The First Father: Perspectives On The President's Fatherhood Initiative, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

This short article presents an analysis of the thirteen-year-old President's Fatherhood Initiative utilized by the executive branch to tackle the problem of absent fathers in America. It argues that this social policy attempts to recapture the economic incentives central to the controversial Moynihan Report of 1965, emphasizing patriarchal and classist solutions to America's family crisis. The programs instituted by the Fatherhood Initiative stigmatize black and brown fathers and fail to address underlying government policy issues that impact their ability to be present and financially supportive in their children's lives. The programs still emphasize the marriage dyad as a cure-all rather …

Historical Gloss And The Separation Of Powers, Curtis A. Bradley, Trevor W. Morrison

Faculty Scholarship

Arguments based on historical practice are a mainstay of debates about the constitutional separation of powers. Surprisingly, however, there has been little sustained academic attention to the proper role of historical practice in this context. The scant existing scholarship is either limited to specific subject areas or focused primarily on judicial doctrine without addressing the use of historical practice in broader conceptual or theoretical terms. To the extent that the issue has been discussed, most accounts of how historical practice should inform the separation of powers require “acquiescence” by the branch of government whose prerogatives the practice implicates, something that …

Has The Obama Justice Department Reinvigorated Antitrust Enforcement?, Daniel A. Crane

Articles

The Justice Department’s recently filed antitrust case against Apple and several major book publishers over e-book pricing, which comes on the heels of the Justice Department’s successful challenge to the proposed merger of AT&T and T-Mobile, has contributed to the perception that the Obama Administration is reinvigorating antitrust enforcement from its recent stupor. As a candidate for President, then-Senator Obama criticized the Bush Administration as having the “weakest record of antitrust enforcement of any administration in the last half century” and vowed to step up enforcement. Early in the Obama Administration, Justice Department officials furthered this perception by withdrawing the …

Presidential Power And Constitutional Responsibility, Thomas P. Crocker

Faculty Publications

Some constitutional theorists defend unbounded executive power to respond to emergencies or expansive discretionary powers to complete statutory directives. Against these anti-Madisonian approaches, this Article examines how the textual assignment of republican virtues helps to constitute and constrain the president's power. The Madisonian solution for constitutional constraint both creates institutions for unenlightened statesmen and relies on virtue to make governing possible. Constitutional responsibility is a consistent textual theme found in the command to "take Care that the Laws be faithfully executed," the responsibility to remain faithful to the office of president, and the obligation to preserve the Constitution itself. Although …

Partisan Conflicts Over Presidential Authority, Jide Nzelibe

William & Mary Law Review

No abstract provided.

Samantar And Executive Power, Peter B. Rutledge

Scholarly Works

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive power. Samantar represents simply the latest effort by the Executive Branch to literally shape the meaning of law through a process referred to in the literature as “executive lawmaking.” While traditional accounts of executive lawmaking typically have treated the idea as a singular concept, Samantar demonstrates the need to bifurcate the concept into at least two different categories: acts of executive lawmaking decoupled from pending litigation and acts of executive lawmaking taken expressly in response to litigation. As Samantar …

A Sentinel To Good Governance, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Prof Eugene Tan reviews S.R. Nathan's 12-year term as Head of State, and suggests President Nathan played a key role in defining the functions of the Elected Presidency.

The Elected Presidency In A New Normal, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Asst Prof Eugene Tan shared his views on the outcome of the recently concluded Presidential Election and commented on the need for both the incoming President and the Government to evolve the office of the President in a manner that is in sync with Singaporeans' expectations.

The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow

Cardozo Journal of International and Comparative Law

The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …

Obama's Woes, Kenneth Lasson

All Faculty Scholarship

This short op-ed piece discusses Barack Obama's presidency, particularly with regard to Jewish issues and with Israel and the Middle East. The writer offers his rationale why the President's support among Jewish voters is slipping.

Slides: Risk Management Strategies Of The Upper Basin: Addressing Potential Shortages, Eric Kuhn

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Presenter: Eric Kuhn, Colorado River Water Conservation District

15 slides