Topic
Executive Power
409 published works
Global IP & Technology Law Blog
Will Patents Become More Political? The PTO Begins to Implement Arthrex
By Frank Bernstein, Raj Pai, Ph.D.
In United States v Arthrex, the Supreme Court held that 35 U.S.C. §6(c), which sets forth the authority of Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”), is unconstitutional…
PrawfsBlawg
Another Little Discovery About Youngstown
Main Sunday, May 23, 2021Another Little Discovery About YoungstownThanks to Adam White, I can now see Justice Jackson's drafts of his Youngstown concurrence. (The Library of Congress is still closed…
PrawfsBlawg
Rudyard Kipling’s “The Old Issue”
Main Sunday, May 02, 2021Rudyard Kipling's "The Old Issue"In his Youngstown concurrence, Justice Jackson quoted the following verse from Rudyard Kipling: "Leave to live by no man's leave, underneath the…
PrawfsBlawg
The Canonization of Jackson’s Youngstown Opinion
Main Monday, April 05, 2021The Canonization of Jackson's Youngstown OpinionWhy is Justice Jackson's concurring opinion famous? Much of the credit goes to Richard Nixon. The Nixon Administration's broad claims of…
PrawfsBlawg
More Easter Eggs in the Youngstown Concurrence
Main Friday, April 02, 2021More Easter Eggs in the Youngstown ConcurrenceWith Easter upcoming, I thought I would share some interesting tidbits that I've discovered so far in my research on…
ImmigrationProf Blog
Immigration Article of the Day: The Discriminatory Executive & the Rule of Law by Maryam Jamshidi
The Discriminatory Executive & the Rule of Law by Maryam Jamshidi, University of Colorado Law Review (2021)AbstractToday, the executive enjoys unprecedented power, particularly in the area of national security. By…
Health Law Prof Blog
Binding the Bound: State Executive Emergency Powers and Democratic Legitimacy in the Pandemic
Avi Weiss (Columbia Law School), Binding the Bound: State Executive Emergency Powers and Democratic Legitimacy in the Pandemic, Columbia L. Rev. (Forthcoming):One of the side effects of the COVID-19 pandemic…
UK Human Rights Blog
India and the Rule of Law: In 2021, is India still a Liberal Democracy?
Join expert speakers for this webinar looking at the question of whether India is still a Liberal Democracy on 11th March 2021 at 4.30 – 5.45pm. Chair:Marina Wheeler QC Expert…
The Right Coast
Unlike Trump, Biden cannot lean on conservative Supreme Court to keep agenda alive | Reuters
Unlike his Republican predecessor Donald Trump, whose administration sought to rush cases to a U.S. Supreme Court it considered friendly territory, Biden s team may not be able to count…
Simple Justice
Executive Orders At The Boundary of Legality
Eric Posner makes a point, both accurate and disturbing, arguing that Democrats, and thus President Biden, should not shy away from the unilateral use of Executive power to get things…