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Legal and Constitutional Studies
By Gary J. Schmitt
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The Constitutional Presidency
Thursday, October 29, 2009
At a time when presidential powers of war and peace are under scrutiny, it is useful to look back at the nation's first national security crisis and examine how Washington exercised those authorities in the face of that crisis.
[Read more]
The Congressional Budget Office has pronounced that a tort reform package would reduce the federal budget deficit by an estimated $54 billion over the next ten years--that is a low estimate.
[Read more]
In Kinston, North Carolina, the Department of Justice interfered in election procedure based on a wrongful allegation of discrimination.
[Read more]
A new lawsuit from Texas that is working its way up the appellate ladder may compel the justices to clarify--and limit--how race and ethnicity may be used in the admissions process.
[Read more]
Effective health care reform must include civil justice reform; there is no need for demonstration projects, it is clear that civil justice reform leads to better outcomes for doctors and patients.
[Read more]
By Gary J. Schmitt
, Joseph M. Bessette
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The Constitutional Presidency
Wednesday, September 9, 2009
Something important is missing in our treatment and understanding of the constitutional presidency, something that a careful analysis of Article II can help us uncover and recover.
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If President Obama will not uphold his fundamental duty as commander-in-chief to defend those who have been defending America, the least he can do is insist that his attorney general uphold his fundamental duty to defend the rule of law.
[Read more]
The debate over the status of customary international law is dominated by two positions: the modern position view and the revisionist view. This working paper demonstrates that Sosa endorsed the revisionist perspective.
[Read more]
Academic debates about the status of customary international law (CIL) have largely ignored an important aspect of the question: the presidential power to interpret CIL.
[Read more]
Congress should use its constitutional authority to create a new National Security Court.
[Read more]
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Sunday, November 22, 2009
