Topic
Executive Power
409 published works
The Faculty Lounge
Obama’s “Fix” of Obamacare
The President has announced that persons who had health insurance in 2013 that did not meet the minimum coverage standards of the ACA may continue that coverage for 2014. WSJ…
Education Law Prof Blog
Is Arne Duncan the De Facto United States School Superintendent?
By Derek Black
When the NCLBwaiver process began last year, I commented at a few conferences that Arne Duncan had become the School Superintendent of the United States of America, aposition which he…
PropertyProf Blog
Davis on the President as a Property Lawmaker.
By propertyprof
Seth Davis (Harvard - Climenko Fellow) has posted Presidential Government and the Law of Property on SSRN. Here's the abstract:Usually we think of property as a right made exclusively, or…
Focus on Regulation
High Court concerned by executive veto, but Black Spider remains in the shadows
The High Court has expressed concern over the "constitutional aberration" that allows the government to block disclosure under the Freedom of Information Act, but upheld the application of this veto…
Labor Law Prof Blog
DOJ Comments on Noel Canning
We are now beginning to see how the Justice Department will attack the D.C. Circuit's recent Noel Canning decision. As is appropriate, DOJ views this as a problem that is…
Constitutional Law Prof Blog
A Drone Court . . . in the Executive Branch?
By ConLawProf initials at end of post
While many continue talking about a drone court in the judicial branch, Neal Katyal wrote in the NYT in favor of a drone court in the executive branch. Katyal argues…
Constitutional Law Prof Blog
Daily Read: Reinstein on Executive Power and Haiti
By ConLawProf initials at end of post
Today we celebrate "Presidents' Day" and ConLawProfs contemplating executive power might do well to consider the Haitian Revolution (1791-1804) as a formative experience. In his new article, Slavery, Executive Power…
International Law Prof Blog
Expanding the Executive’s Power to Kill: The U.S. Justice Department’s Memo
Guest blogger, Professor Thomas McDonnell of Pace University School of Law, prepared the following comments on the recently released U.S. Justice Department legal memorandum authorizing drones strikes:"The Justice Department’s legal memorandum…
The Faculty Lounge
Drone Strikes and the Imperial Presidency
As today's New York Times observes, the Obama administration's policy of drone strikes provides a troubling example of unconstrained executive power. Senator Angus King (I-ME) put it well when he…
Constitutional Law Prof Blog
DOJ Releases Memos on Drone Attacks to Senate Committee
By ConLawProf initials at end of post
The Justice Department today released a series of legal memos outlining the case for the administration's use of drone attacks to the Senate Intelligence Committee, according to WaPo. But the…