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Executive Power

409 published works

  1. 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…

  2. PrawfsBlawg

    Another Little Discovery About Youngstown

    By prawfsblawg@gmail.com

    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…

  3. PrawfsBlawg

    Rudyard Kipling’s “The Old Issue”

    By prawfsblawg@gmail.com

    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…

  4. PrawfsBlawg

    The Canonization of Jackson’s Youngstown Opinion

    By prawfsblawg@gmail.com

    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…

  5. PrawfsBlawg

    More Easter Eggs in the Youngstown Concurrence

    By prawfsblawg@gmail.com

    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…

  6. ImmigrationProf Blog

    Immigration Article of the Day: The Discriminatory Executive & the Rule of Law by Maryam Jamshidi

    By immigrationprof

    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…

  7. Health Law Prof Blog

    Binding the Bound: State Executive Emergency Powers and Democratic Legitimacy in the Pandemic

    By Katharine Van Tassel

    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…

  8. UK Human Rights Blog

    India and the Rule of Law: In 2021, is India still a Liberal Democracy?

    By Marina Wheeler QC

    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…

  9. The Right Coast

    Unlike Trump, Biden cannot lean on conservative Supreme Court to keep agenda alive | Reuters

    By Thomas A. Smith

    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…

  10. Simple Justice

    Executive Orders At The Boundary of Legality

    By Scott Greenfield

    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…