Topic
Executive Power
409 published works
Health Law Prof Blog
Private Actors & Crisis: Scrutinising the National COVID-19 Commission Advisory Board
Elizabeth Hicks (University of Melbourne), Private Actors & Crisis: Scrutinising the National COVID-19 Commission Advisory Board, SSRN:The COVID-19 pandemic has been accompanied by an expansion of executive power in many…
ImmigrationProf Blog
Immigration Article of the Day: Executive Defiance and Judicial Review in Immigration Law by Jennifer Lee Koh
Executive Defiance and Judicial Review in Immigration Law by Jennifer Lee KohAbstractThe dominant narrative in immigration law points to the existence of overwhelming executive power and limited judicial review. But…
Criminal
“Trump’s failed promise of criminal justice reform gives Biden an opening”
The title of this post is the headline of this new Washington Post commentary authored by Mark Osler. Here is an excerpt:As a lifelong Democrat, I found myself in a…
Health Law Prof Blog
Governing in a Pandemic: From Parliamentary Sovereignty to Autocratic Technocracy
Eric Windholz (Monash University), Governing in a Pandemic: From Parliamentary Sovereignty to Autocratic Technocracy, SSRN:Emergencies require governments to govern differently. In Australia, the changes wrought by the COVID-19 pandemic have been profound. The role…
The Right Coast
Kamala Harris Is Far Worse Than Hillary Clinton
Kamala Harris laughed uproariously at Joe Biden s suggestion that a president is constrained by the Constitution from ruling by executive fiat. This clip ought to nauseate any constitutionalist: Even…
PrawfsBlawg
Lawyers and judicial departmentalism
Main Friday, July 24, 2020Lawyers and judicial departmentalismOne thing keeping judicial departmentalism from diverging too far from judicial supremacy is DOJ and the role of government attorneys in the judicial…
Simple Justice
When Berman Won’t Go
The New York Times writes that Attorney General Bill Barr “tried to fire” Southern District of New York United States Attorney Geoffrey Berman, but that’s not quite right. Attorney General…
The Right Coast
Breaking: SCOTUS blocks Trump from ending DACA, 5-4; Update: Trump says 2nd Amendment is next unless he’s re-elected
Can an executive order bind a successor? The Supreme Court decided that it can, at least under certain circumstances, in its widely anticipated decision on the Trump administration s attempts…
The Faculty Lounge
A President’s Lawlessness, his Misguided Defender, and a Feckless Retraction
On June 1, Donald Trump unleashed military and police forces to remove peaceful protesters near the White House for a photo op at St. John’s Church. Just before his peculiar…
Race and the Law Prof Blog
President Trump’s Misunderstanding of Federalism (by Prof. Ediberto Roman)
By SpearIt
President Donald Trump recently threatened to interfere with several states in their attempts to control the protests associated with the George Floyd murder. Trump’s edict, filled with hyperbolic language, photo…