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18 Nov 2022, 2:23 pm
Mankin and Christopher W. [read post]
17 Nov 2022, 4:00 am
It has given ambitiously presidentialist chief executives like George W. [read post]
16 Nov 2022, 4:00 am
In the Court’s hands, originalism has led to an accelerating, albeit still unpersuasive embrace of so-called “unitary executive theory,” which “ascribes to the President complete authority to command how every officer of the federal executive branch implements whatever discretion he or she has with regard to carrying out federal law. [read post]
15 Nov 2022, 2:16 pm
Claud is a 15-year veteran of the Department of Justice, where most recently he was an Assistant Director of the Consumer Protection Branch overseeing the Corporate Compliance and Policy Unit. [read post]
15 Nov 2022, 9:24 am
For some within the George W. [read post]
4 Nov 2022, 1:27 pm
Shane contends that the question that should guide efforts to “resolve constitutional ambiguities about the powers of the presidency” is “[w]hat would most strengthen both the electoral and deliberative sides of America’s hybrid democracy? [read post]
4 Nov 2022, 5:01 am
Mandated by the Goldwater-Nichols Department of Defense Reorganization Act of 1986, the NSS conveys the executive branch’s national security vision to the legislative branch and, by extension, the public. [read post]
3 Nov 2022, 4:49 pm
If they are teaching otherwise, we need Congress and the Executive Branch to step in and reform the system. [read post]
28 Oct 2022, 5:55 am
Luttig, once shortlisted for a Supreme Court seat by the George W. [read post]
26 Oct 2022, 4:00 am
Although some Americans were troubled by the efforts of the George W. [read post]
25 Oct 2022, 10:46 am
Bernard W. [read post]
18 Oct 2022, 7:29 pm
Critics of deference argue that approaching the question in this way provides the executive branch too much power, as, so long as it has some half-way decent argument, it will prevail, and thus the central concept of deference ought to be abandoned. [read post]
11 Oct 2022, 7:00 am
Not at all.It started inauspiciously, with the lifelong Republican leaving academia to serve very briefly as Chair of the Council of Economic Advisors at the beginning of George W. [read post]
10 Oct 2022, 5:01 am
Civil Investigative Demands (CIDs) & Collateral Enforcement Risks: A Review (October 12, 2022): The False Claims Act is the primary civil enforcement tool utilized by our government today. [read post]
4 Oct 2022, 6:20 pm
"People are being intimidated, threatened and bullied by the executive branch of our city government while cronyism and nepotism is being exercised," Gundy said in his prayer. [read post]
4 Oct 2022, 7:57 am
On this account, executive branch appointments politics matter critically to originalism’s authority, as do originalism’s appeals to constitutional memory to legitimate the exercise of public power. [read post]
4 Oct 2022, 7:57 am
On this account, executive branch appointments politics matter critically to originalism’s authority, as do originalism’s appeals to constitutional memory to legitimate the exercise of public power. [read post]
2 Oct 2022, 9:30 pm
Judge Sullivan told me that when President George W. [read post]
30 Sep 2022, 5:28 pm
[My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity. [read post]
26 Sep 2022, 5:01 am
Section 4 continues, “[W]hen the President transmits … his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of” the Cabinet “transmit within four days … their written declaration that the President is unable to discharge the powers and duties of his office. [read post]
