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Executive Power

409 published works

  1. The Faculty Lounge

    Justice Thomas and the Japanese American Cases

    Is it fair to infer that Justice Clarence Thomas (unlike his 8 colleagues on the Court) views the Supreme Court's notorious decision in Korematsu v. United States as good law?…

  2. The Faculty Lounge

    The Kende-Somin Debate on Justice Thomas and Korematsu (and Hirabayashi)

    Mark Kende and Ilya Somin are disagreeing at length over whether Justice Thomas does or does not view the notorious Korematsu decision as erroneous. In this post I want to…

  3. Sentencing Law and Policy

    Will Eric Holder still be Attorney General well into 2015?

    By Douglas Berman

    Main October 15, 2014Will Eric Holder still be Attorney General well into 2015?The question in the title of this post is prompted by this recent press report that "President Obama…

  4. ImmigrationProf Blog

    Immigration Law and Executive Power on C-SPAN

    By immigrationprof

    Immigration Law and Executive Power -- click the link to watch the video.Panelists discussed executive branch powers regarding immigration law. They discussed the politics of immigration, the concept of prosecutorial discretion,…

  5. Sentencing Law and Policy

    “Clemency and the Unitary Executive”

    By Douglas Berman

    Main August 24, 2014"Clemency and the Unitary Executive"The title of this post is the title of this notable new paper by Rachel Barkow now available on SSRN. Here is the…

  6. ImmigrationProf Blog

    Center for Immigration Studies “Scholar” Disciplined For Suggesting that President Obama Be Executed

    By immigrationprof

      An immigration policy analyst from a think tank often cited by Republicans suggested to a tea party crowd that President Barack Obama should be executed. This senior policy analyst stated…

  7. The Right Coast

    Supreme Court ruling on recess appointments bolsters John Boehner’s effort to sue President Obama | WashingtonExaminer.com

    By Thomas A. Smith

    That's where Boehner enters. According to a legal theory developed by Baker Hostetler lawyer David Rivkin and Florida International University law professor Elizabeth Price Foley, courts should permit congressional standing…

  8. Labor Relations Update

    Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

    By Mark Theodore

    In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a…

  9. The Right Coast

    Boehner plans to file suit against Obama over alleged abuse of executive power | Fox News

    By Thomas A. Smith

    The decision to sue still would have to be formally approved by a group of House leaders. Presuming that step is cleared, the suit is expected to be filed in…

  10. The Right Coast

    Will: When the president goes rogue | Boston Herald

    By Thomas A. Smith

    If the military stalls on turning over files to Congress pertaining to the five years of Bergdahl s absence, we will at least know that there is no national institution…