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Academic Journals
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From:Vanderbilt Journal of Transnational Law (Vol. 45, Issue 5)C. Distribution of Material Goods to the Public 1. Distribution of Material Goods to the Public The decision concerning the authority of the Committee for the National List of Reimbursed Drugs (NLRD) to convene on...
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From:Presidential Studies Quarterly (Vol. 30, Issue 1) Peer-ReviewedThe necessity of firming coalitions is inevitable in a large, diverse nation in which political power is fragmented both vertically and horizontally. Presidents invest substantial time and effort building supporting...
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From:American Political Science Review (Vol. 92, Issue 4) Peer-ReviewedPresidential nominations to cabinet positions, as well as the judiciary, usually get the Senate's support with minimal hindrances. However, some nominees do get blocked by the Senate. This is attributable to individuals...
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From:Harvard Journal of Law & Public Policy (Vol. 33, Issue 1) Peer-ReviewedMy nearly ridiculous goal for this Essay is to present a comprehensive theory of the Constitution's allocation of war powers and, then, to apply it to every significant issue of the war on terror, in twenty-five pages....
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From:Presidential Studies Quarterly (Vol. 41, Issue 4) Peer-ReviewedInconstant political support is a central problem for presidents, a problem of political authority. This article provides empirical evidence of the decline of political authority for American presidents over the last...
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From:Case Western Reserve Journal of International Law (Vol. 45, Issue 1-2) Peer-ReviewedAbstract The United States now has a climate change policy focused on reducing carbon dioxide and other greenhouse gases (GHGs). Most of this policy has been generated by the Obama Administration through executive...
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From:Harvard Journal of Law & Public Policy (Vol. 32, Issue 2) Peer-ReviewedThe unique structure of the United States government creates tensions for the country when it deals with the international community. Most notably, the sharing of sovereignty between the federal and state governments,...
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From:Presidential Studies Quarterly (Vol. 39, Issue 4) Peer-ReviewedThis commentary on Terry Moe's review essay discusses the advantages and limitations of rational choice as an explanatory theory of presidential behavior. It also cautions against the view that rational choice is. or...
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From:Yale Law Journal (Vol. 115, Issue 9) Peer-ReviewedIn light of recent debates regarding the scope and basis of inherent executive power, particularly with regard to foreign affairs and national security, this Essay examines different conceptions of executive power in...
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From:Harvard Journal of Law & Public Policy (Vol. 24, Issue 2) Peer-ReviewedOaths are out of fashion these days. This is an era in which it is widely considered unreasonable to expect the President of the United States to obey basic principles of law and justice, much less to honor something as...
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From:Environmental Law (Vol. 24, Issue 1)A. Pre-FLPMA: Congressional Acquiescence and A. Congressional Authorization and Initial A. Radioactive Mixed Waste and Interim Status Oh, sure, we will be sued. But we'll be sued not on the basis of environment...
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From:Presidential Studies Quarterly (Vol. 29, Issue 4) Peer-ReviewedExecutive privilege is the right of the president and high-level executive branch officials to withhold information from those with compulsory power--Congress and the courts (and, therefore, ultimately the public)....
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From:Harvard Journal of Law & Public Policy (Vol. 37, Issue 1) Peer-ReviewedThere has been longstanding uncertainty about the meaning of "the Recess" and "Vacancies that may happen" in the Constitution's Recess Appointments Clause. This Article finds that both "the Recess" and close variants of...
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From:American Journal of International Law (Vol. 110, Issue 4) Peer-ReviewedI. INTRODUCTION In 2007, presidential candidate Barack Obama argued that the U.S. president did not have independent constitutional authority to use military force except in response to an actual or imminent attack...
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From:Michigan Law Review (Vol. 112, Issue 4) Peer-ReviewedThe recent controversy surrounding President Obama's recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau while the Senate was holding pro forma sessions illustrates the...
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From:Yale Law Journal (Vol. 122, Issue 4) Peer-ReviewedIt is generally assumed that the Constitution requires the Senate to vote to confirm the President's nominees to principal federal offices. uThis Essay argues, to the contrary, that when the President nominates an...
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From:Administrative Law Review (Vol. 66, Issue 3) Peer-Reviewed2. The Mechanics of Foreign Hard Look Review In transferring hard look review to foreign relations law, four issues are particularly important: how the doctrinal analysis changes from domestic to foreign hard look...
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From:Administrative Law Review (Vol. 65, Issue 4) Peer-ReviewedII. AGENCY SELECTION AND EXECUTIVE AGENCY REVIEW This Part discusses a special case of presidential agency selection: the use of agency selection powers to create alternatives to centralized review of agency rules by...
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From:Presidential Studies Quarterly (Vol. 37, Issue 1) Peer-ReviewedThis special issue was organized to give scholars of different disciplines and persuasions an opportunity to analyze the nature and scope of the president's power to exercise inherent authorities. What is the origin and...
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From:Constitutional Commentary (Vol. 26, Issue 3) Peer-ReviewedINTRODUCTION This essay considers the important but under-explored link between politics and constitutional interpretation in the realm of national security. The school of constitutional interpretation at which it...