UNLV - William S. Boyd School of Law

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With his decision late last week, to weaken regulation of methane emissions, President Trump has extended his efforts to reverse the environmental policies of the Obama (and earlier) Administrations. These reversals provoke considerable concern about the implications for climate change. They also reflect a serious defect in our winner-take-all system of government. When one party seizes control of the executive power, it can drive policies in one direction. And when the other party regains…
It seems that President Trump has a unique ability to push people apart—launching trade wars, disrupting international agreements, or attacking immigrants and political opponents. He’s split family and other personal relationships. But even with a new person in the Oval Office, we’ll still be highly polarized. It’s not so much the president who is polarizing, it’s the presidency.…
According to the New York Times, it is unlikely that federal prosecutors will bring any other charges related to the “hush money” paid by President Trump to conceal his affairs with Stormy Daniels and Karen McDougal. That’s the right call. Indeed, as I’ve written before, prosecutors never should have filed charges against Trump lawyer Michael Cohen over the payments.…
In siding with President Trump in a lawsuit over his financial conflicts of interest, a federal court of appeals invoked a controversial legal principle that undermines the judiciary’s checking and balancing role. According to the court, Maryland and the District of Columbia lacked “standing” to sue the President. The court therefore dismissed the suit, without deciding whether the President was breaking the law. Unfortunately, the Supreme Court has invoked the standing doctrine many times to…
After reading the Declaration of Independence, it is easy to wonder why the Founding Fathers gave us an imperial presidency. The Declara­tion documents no fewer than twenty-seven grievances about King George III’s abuse of power. But the Constitution was written more than a decade later after an unhappy experience with state constitutions that had severely restricted executive authority and greatly expanded legisla­tive authority.…