Browsing by Subject "Executive power -- United States"

Now showing items 1-13 of 13

    • Agency Coordination in Shared Regulatory Space 
      Rossi, Jim, 1965-; Freeman, Jody (Harvard Law Review, 2012)
      This Article argues that inter-agency coordination is one of the great challenges of modern governance. It explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to "share ...
    • Audio: Continued expansion of presidential power topic of Constitution Day program 
      Oppenheimer, Bruce Ian (Vanderbilt News Service, 2009-09-28)
    • Authorizations for the Use of Force, International Law, and the "Charming Betsy" Canon 
      Wuerth, Ingrid Brunk (Boston College Law Review, 2005)
      Although international law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This ...
    • The Dangers of Deference: International Claim Settlement by the President 
      Wuerth, Ingrid Brunk (Harvard International Law Journal, 2003)
      During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the "French Agreement"), Germany (the "German Agreement"), and Austria ...
    • The Future of Agency Independence 
      Bressman, Lisa Schultz; Thompson, Robert B., 1949- (Vanderbilt Law Review, 2010)
      Independent agencies have long been viewed as different from executive-branch agencies because the President lacks authority to fire their leaders for political reasons, such as failure to follow administration policy. In ...
    • Inadvertent Implications of the War Powers Resolution 
      Newton, Michael A., 1962- (Case Western Reserve Journal of International Law, 2012)
      The constitutional infirmity of the War Powers Resolution has been uniformly demonstrated by more than four decades of bipartisan experience. The Resolution manifestly fails to eliminate the healthy interbranch tensions ...
    • Inside the Administrative State: A Critical Look at the Practice of Presidential Control 
      Bressman, Lisa Schultz; Vandenbergh, Michael P. (Michigan Law Review, 2006)
      From the inception of the administrative state, scholars have proposed various models of agency decision-making to render such decision-making accountable and effective, only to see those models falter when confronted by ...
    • International Law and Constitutional Interpretation: The Commander in Chief Clause Reconsidered 
      Wuerth, Ingrid Brunk (Michigan Law Review, 2007)
      The Commander in Chief Clause is a difficult, underexplored area of constitutional interpretation. It is also a context in which international law is often mentioned, but not fully defended, as a possible method of ...
    • Obama's Equivocal Defense of Agency Independence 
      Stack, Kevin M. (Constitutional Commentary, 2010)
      You can't judge a President by his view of Article II. At the very least, only looking to a President's construction of Article II gives a misleading portrait of the actual legal authority recent Presidents have asserted. ...
    • The President's Power to Detain "Enemy Combatants": Modern Lessons from Mr. Madison's Forgotten War 
      Wuerth, Ingrid Brunk (Northwestern University Law Review, 2004)
      This article uses three sets of cases from the War of 1812 to illustrate three problems with how modern courts have approached the detention of "enemy combatants" in the United States. The War of 1812 cases show that modern ...
    • The President's Statutory Powers to Administer the Laws 
      Stack, Kevin M. (Columbia Law Review, 2006)
      When does a statute grant powers to the President as opposed to other officials? Prominent theories of presidential power argue or assume that any statute granting authority to an executive officer also implicitly confers ...
    • The Reviewability of the President's Statutory Powers 
      Stack, Kevin M. (Vanderbilt Law Review, 2009)
      This Article argues that longstanding doctrines that exclude judicial review of the determinations or findings the President makes as conditions for invoking statutory powers should be replaced. These doctrines are ...
    • The Statutory President 
      Stack, Kevin M. (Iowa Law Review, 2005)
      American public law has no answer to the question of how a court should evaluate the president's assertion of statutory authority. In this Article, I develop an answer by making two arguments. First, the same framework of ...