President/Executive Department Commons^™

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

Slides: Costs And Benefits Of Development: An Industry Perspective, Glenn Vawter

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Glenn Vawter, Executive Director, National Oil Shale Association

12 slides

Lorain, Aspen, And The Future Of Section 2 Enforcement, Xiao Jeff Liu

Michigan Telecommunications & Technology Law Review

The Sherman Antitrust Act § 2 makes monopolizing or attempting to monopolize a particular trade or aspects of a trade a federal felony. More specifically, Section 2 of the Act addresses a firm's unilateral conduct. Under the administration of former President George W. Bush, a comprehensive guideline titled Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act ("Bush Guidelines") was adopted in September of 2008 for enforcing Section 2 violations. Under President Barack Obama's administration, however, the enforcement of antitrust laws is expected to undergo a radical transformation. On May 11, 2009, Christine A. Varney, the Assistant …

Imagining A More Humane Immigration Policy In The Age Of Obama: The Use Of Plenary Power To Halt The State Balkanization Of Immigration Regulation, Kristina M. Campbell

Journal Articles

The first decade of the twenty-first century has been grim for immigrants to the United States—both legal and undocumented—and the lawyers and advocates who work on their behalf. Following the failure of comprehensive immigration reform at the federal level, states and municipalities have seen fit to take matters into their own hands and pass a patchwork of local ordinances, statutes, and ballot initiatives ostensibly designed to do what the federal government had failed to do—regulate the flow of immigration into their cities and towns. As the economy continues to spiral downward into what may very well be the next Great …

State Secrets & Executive Accountability, Christina E. Wells

Faculty Publications

This essay, part of a symposium on executive power, examines use of the state secrets privilege in the Obama administration. Specifically, it views the Obama administration’s approach to the state secrets privilege through the lens of “explanatory accountability” – i.e., the notion that executive officials must explain and justify their decisions or face negative consequences.Although President Obama entered office criticizing the Bush administration’s overly broad assertions of the state secrets privilege, Obama officials nevertheless continued the Bush administration’s actions in various lawsuits. In response to sharp criticism, however, the Obama administration eventually revealed a new policy promising greater accountability and …

Response To Akhil Reed Amar's Address On Applications And Implications Of The Twenty-Fifth Amendment, John D. Feerick

Faculty Scholarship

Life has taught those of us who have lived as long as I have that the seemingly impossible can happen and that we must be prepared to deal with the unimaginable on a moment's notice. In October 1963, I wrote an article for the Fordham Law Review in which I contemplated the need for such preparations should the unimaginable indeed strike: "The problem of presidential inability has now been generally forgotten by our national legislators as well as by the public. Since we have a young, able and healthy President, all indications are that the issue will remain dormant until …

"Undead" Wartime Cases: Stare Decisis And The Lessons Of History, Harlan G. Cohen

Faculty Scholarship

References to the “lessons of history” are ubiquitous in law. Nowhere has this been more apparent than in recent debates over U.S. counterterrorism policy. In response to the Bush Administration’s reliance on World War II-era decisions - Johnson v. Eisentrager, Ex Parte Quirin, Hirota v. MacArthur, and In re Yamashita - opponents have argued that these decisions have been rejected by the “lessons of history.” They argue that the history of wartime cases is one marked by executive aggrandizement, panic-driven attacks on civil liberties, and overly quiescent courts - none of which should be repeated.

But what does it really …

Should A Statement Of Interest Matter?: Judging Executive Branch Foreign Policy Concerns, Catherine H. Curlet

Georgia Law Review

Since the enactment of the Constitution, scholars have fiercely debated the question of the appropriate balance between the branches of the federal government in matters of foreign affairs. Recently, the Supreme Court set forth some guidelines for striking this balance between the Executive and the Judicial Branches in litigation implicating foreign affairs,yet the guidelines leave much of this debate unresolved. A cross-section of recent appellate court decisions illustrates how lower courts have filled in these gaps when assessing how much deference to give an Executive's Statement of Interest filed in cases concerning foreign affairs. This Note extracts from these cases …

All Human Rights Are Equal, But Some Are More Equal Than Others: The Extraordinary Rendition Of A Terror Suspect In Italy, The Nato Sofa, And Human Rights, Eric Talbot Jensen, Chris Jenks

Faculty Journal Articles and Book Chapters

On November 4, 2009, an Italian court found a group of Italian military intelligence agents, operatives from the Central Intelligence Agency and a U.S. Air Force (USAF) officer guilty of the 2003 kidnapping of terror suspect Abu Omar. Thrown in a van on the streets of Milan, the abduction took Abu Omar from Italy to Egypt, where he was allegedly tortured and interrogated about his role in recruiting fighters for extremist Islamic causes, including the insurgency in Iraq.

This essay posits that lost amidst politically charged rhetoric about Bush administration impunity and the “war on terror” is that the Italian …

Preserving A Political Bargain: The Political Economy Of The Non-Interventionist Challenge To Monopolization Enforcement, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

The antitrust rules governing exclusionary conduct by dominant firms are among the most controversial in U.S. competition policy. During the first decade of the twenty-first century, they were debated in three arenas, involving legal policy, economic policy, and politics. In each arena, the dispute mainly arose as criticism of traditional standards by advocates of less intervention. Viewed through a political economy lens, the controversy can be understood as a potential challenge to an informal political bargain reached during the 1940s by which competition was adopted as national economic policy in preference to regulation or laissez-faire. From this perspective, and applying …

Truth And Consequences: Mitt Romney, Proposition 8, And Public Reason, Frederick Mark Gedicks

Faculty Scholarship

Although formal religious tests for federal office are constitutionally prohibited, they have long been fact of political life in presidential elections. John Kennedy remains the only nonProtestant ever elected President. The "Judeo-Christian tradition" notwithstanding, no major party has ever nominated a Jew for president - let alone a Buddhist, Hindu, Mormon, Muslim, or unbeliever.

Against this electoral history, it was perhaps predictable that mainstream Christian commentators would feel free to legitimate religious attacks on Mitt Romney during the Republican presidential primaries on the ground that Mormonism is a "false" religion. Ironically, however, the Mormon church periodically intervenes in initiative and …

Introduction: The Adequacy Of The Presidential Succession System In The 21st Century: Filling The Gaps And Clarifying The Ambiguities In Constitutional And Extraconstitutional Arrangements, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Inevitably, the events of the day dominate the political agenda. The issues of presidential succession have been attended to in our national history only sporadically because, at most times, the question of who succeeds the President in cases of death, resignation, or incapacity does not have immediate relevance: the President is in good health, the presumption is he will serve out the term of his office for which he was elected, and political leaders ignore succession issues as if they were of only theoretical interest. And yet, again and again, succession questions have become of the most immediate consequence in …

Efficacy Of The Obama Policies To Combat Al-Qa'eda, The Taliban, And Associated Forces--The First Year, Jeffrey F. Addicott

Pace Law Review

No abstract provided.

Keeping Boumediene Off The Battlefield: Examining Potential Implications Of The Boumediene V. Bush Decision To The Conduct Of United States Military Operations, Fred K. Ford

Pace Law Review

No abstract provided.

Attorney General Robert Jackson's Brief Encounter With The Notion Of Preclusive Presidential Power, William R. Casto

Pace Law Review

No abstract provided.

The Founders, Executive Power, And Military Intervention, Christopher A. Preble

Pace Law Review

No abstract provided.

Disclosing 'Political' Oversight Of Agency Decision Making, Nina A. Mendelson

Articles

Scholars and courts have divided views on whether presidential supervision enhances the legitimacy of the administrative state. For some, that the President can supervise administrative agencies is key to seeing agency action as legitimate, because of the President's accountability to the electorate. Others, however, have argued that such supervision may simply taint, rather than legitimate, an agency action. The reality is that presidential supervision of agency rulemaking, at least, appears to be both significant and opaque. This Article presents evidence from multiple presidential administrations suggesting that regulatory review conducted by the White House's Office of Management and Budget is associated …

Constitutional Expectations, Richard A. Primus

Articles

The inauguration of Barack Obama was marred by one of the smallest constitutional crises in American history. As we all remember, the President did not quite recite his oath as it appears in the Constitution. The error bothered enough people that the White House redid the ceremony a day later, taking care to get the constitutional text exactly right. Or that, at least, is what everyone thinks happened. What actually happened is more interesting. The second time through, the President again departed from the Constitution's text. But the second time, nobody minded. Or even noticed. In that unremarked feature of …

Agency Hygiene, Nicholas Bagley

Articles

Prof. Bagley notes that reshaping captured agencies using the structural reforms suggested by Prof. Barkow may be politically infeasible and offers an alternative solution for eliminating interest-group capture. First, he suggests establishing a body within the Executive Branch that proactively investigates and documents capture dynamics. Second, he suggests creating legislative mechanisms that will encourage Congressional action on the body’s recommendations, and perhaps, more provocatively, requiring the Executive Branch to enact any such recommendations in the absence of Congress’s formal objection.

The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss

Faculty Scholarship

Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision in Free Enterprise Fund v. Public Company Accounting Oversight Board in the context of general American concerns about the place of the President in domestic administration, a recurring theme in my writings.