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Executive Power

409 published works

  1. Constitutional Law Prof Blog

    Congress May Extend FBI Director’s Term

    By ConLawProf initials at end of post

    The Office of Legal Counsel released an opinion last month that concluded that congressional extension of the term for FBI Director Robert S. Mueller III does not violate the Constitution. Director Mueller…

  2. Constitutional Law Prof Blog

    Obama Made His Guantanamo Bed . . .

    By ConLawProf initials at end of post

    Owen Fiss (Yale) argues in the Boston Review that President Obama's pickle--caught between his former policy to close Guantanamo and his desire to try KSM and others in Article III…

  3. The Right Coast

    The Constitution is even cooler than the Nazis Tom Smith

    By Thomas A. Smith

    I see the chronology as something like this -- Islamist terrorists attack the US on 9/11/01, leading to a security crackdown of sorts by the US government, which leads in…

  4. Reproductive Rights Prof Blog

    Pres. Obama Directs Justice Department to Stop Defending DOMA

    By Reproductive Rights

    NY Times: U.S., in Shift, Sees Marriage Act as Violation of Gay Rights, by Charlie Savage & Sheryl Gay Stolberg:WASHINGTON — President Obama, in a major legal policy shift, has…

  5. The Faculty Lounge

    The Constitutional Validity of Health Care Waivers

    Columbia's Philip Hamburger has an article in NRO that argues that the Health Care waivers that HHS Secretary Sebelius has been handing out to favored suppplicants violates an implicit constitutional…

  6. Sentencing Law and Policy

    Lots of (constitutional?) issues surrounding high-profile clemency grant in Mississippi

    By Douglas Berman

    Main December 30, 2010Lots of (constitutional?) issues surrounding high-profile clemency grant in MississippiA helpful reader altered me to this effective Washington Post article noting all the intriguing stories surrounding a…

  7. Sentencing Law and Policy

    “Pardon people, too, Mr. President”

    By Douglas Berman

    Main November 12, 2010"Pardon people, too, Mr. President"The title of this post is a fitting headline for this potent op-ed by Margaret Colgate Love in today's Washington Post. It is…

  8. Sentencing Law and Policy

    Los Angeles Timescalls out our “no-pardon president”

    By Douglas Berman

    Main November 1, 2010Los Angeles Times calls out our "no-pardon president"The reference to President Obama quoted in the title of this post comes from the headline of this editorial which…

  9. Constitutional Law Prof Blog

    Chemerinsky: A Conservative Assault on the Constitution

    By ConLawProf initials at end of post

    Erwin Chemerinsky released his new book, The Conservative Assault on the Constitution, late last month.  It's a highly accessible, often first-hand account (through his own cases, his own advocacy) of how a rightward…

  10. Supreme Court Update

    10/12/10 and 10/18/10 Order Lists

    By Kim Rinehart

    Greetings, Court fans! The Court granted cert in seven more cases last week and another yesterday, covering topics ranging from criminal law, to patent law, to tribal sovereignty. Yesterday's grant…