DOCSLIB.ORG

Chapman Law Review

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Chapman Law Review Chapman Law Review Volume 21 Board of Editors 2017–2018 Executive Board Editor-in-Chief LAUREN K. FITZPATRICK Managing Editor RYAN W. COOPER Senior Articles Editors Production Editor SUNEETA H. ISRANI MARISSA N. HAMILTON TAYLOR A. KENDZIERSKI CLARE M. WERNET Senior Notes & Comments Editor TAYLOR B. BROWN Senior Symposium Editor CINDY PARK Senior Submissions & Online Editor ALBERTO WILCHES –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Articles Editors ASHLEY C. ANDERSON KRISTEN N. KOVACICH ARLENE GALARZA STEVEN L. RIMMER NATALIE M. GAONA AMANDA M. SHAUGHNESSY-FORD ANAM A. JAVED DAMION M. YOUNG __________________________________________________________________ Staff Editors RAYMOND AUBELE AMY N. HUDACK JAMIE L. RICE CARLOS BACIO MEGAN A. LEE JAMIE L. TRAXLER HOPE C. BLAIN DANTE P. LOGIE BRANDON R. SALVATIERRA GEORGE E. BRIETIGAM DRAKE A. MIRSCH HANNAH B. STETSON KATHERINE A. BURGESS MARLENA MLYNARSKA SYDNEY L. WEST KYLEY S. CHELWICK NICHOLE N. MOVASSAGHI Faculty Advisor CELESTINE MCCONVILLE, Professor of Law CHAPMAN UNIVERSITY HAZEM H. CHEHABI ADMINISTRATION JEROME W. CWIERTNIA DALE E. FOWLER ’58 DANIELE C. STRUPPA BARRY GOLDFARB President STAN HARRELSON GAVIN S. HERBERT,JR. GLENN M. PFEIFFER WILLIAM K. HOOD Provost and Executive Vice ANDY HOROWITZ President for Academic Affairs MARK CHAPIN JOHNSON ’05 JENNIFER L. KELLER HAROLD W. HEWITT,JR. THOMAS E. MALLOY Executive Vice President and Chief SEBASTIAN PAUL MUSCO Operating Officer RICHARD MUTH (MBA ’05) JAMES J. PETERSON SHERYL A. BOURGEOIS HARRY S. RINKER Executive Vice President for JAMES B. ROSZAK University Advancement THE HONORABLE LORETTA SANCHEZ ’82 HELEN NORRIS MOHINDAR S. SANDHU Vice President and Chief RONALD M. SIMON Information Officer RONALD E. SODERLING KAREN R. WILKINSON ’69 THOMAS C. PIECHOTA DAVID W. WILSON Vice President for Research EMERITUS CHAIRS BOARD OF TRUSTEES THE HONORABLE GEORGE L. WYLIE A. AITKEN, Chair ARGYROS ’59 ZEINAB H. DABBAH (JD ’12), DOY B. HENLEY Vice Chair DAVID A. JAMES,SR. PARKER KENNEDY, Vice Chair DONALD E. SODARO JOANN LEATHERBY, Vice Chair JAMES MAZZO, Vice Chair SCOTT CHAPMAN, Secretary EMERITUS TRUSTEES ZELMA M. ALLRED, Assistant RICHARD BERTEA Secretary LYNN HIRSCH BOOTH GUY AMBRAMO ARLENE R. CRAIG RICHARD AFABLE J. BEN CROWELL LISA ARGYROS ’07 ROBERT A. ELLIOTT DONNA FORD ATTALLAH ’61 DAVID C. HENLEY RAJ S. BHATHAL ROGER C. HOBBS JAMES P. BURRA JACK B. LINDQUIST MICHAEL J. CARVER RANDALL R. MCCARDLE ’58 (M.A. ’66) PHILLIP H. CASE CECILIA PRESLEY AKIN CEYLAN ’90 BARRY RODGERS IRVING M. CHASE RICHARD R. SCHMID SCHOOL OF LAW R. DAVID THRESHIE ADMINISTRATION MATTHEW J. PARLOW EX-OFFICIO TRUSTEES Dean and Donald P. Kennedy CONNIE BENSON ’93 Chair in Law REVEREND LA TAUNYA BYNUM ’76 REVEREND DON DEWEY MARISA S. CIANCIARULO BARBARA EIDSON Associate Dean for Academic NANCY FLEEMAN ’86 Affairs and Professor of Law REVEREND DAYNA KINKADE MELINDA M. MASSON JAYNE TAYLOR KACER DANIELE C. STRUPPA Associate Dean for Student Affairs REVEREND FELIX VILLANUEVA DONALD J. KOCHAN Parker S. Kennedy Professor in BOARD OF ADVISORS Law and Associate Dean for PARKER KENNEDY, Chair Research & Faculty Development WYLIE A. AITKEN ROBERT ALVARADO AMY ROGAN-MEHTA KAY ANDERLE Associate Dean for Administration PHILLIP H. CASE BOB CURRIE JUSTIN CRUZ ZEINAB H. DABBAH, M.D. (JD ’12) Assistant Dean of Admissions and JOHN R. EVANS Diversity Initiatives WOLFGANG FRISCH ’97 (JD ’00) THE HONORABLE RICHARD D. LINDA KAWAGUCHI FYBEL Hugh and Hazel Darling THE HONORABLE ANDREW J. Foundation Library Director and GUILFORD Professor of Law THE HONORABLE W. MICHAEL HAYES RICHARD FAULKNER DOY B. HENLEY Director of Academic Achievement THE HONORABLE PHILIP K. Program and Assistant Professor MAUTINO THE HONORABLE LAYNE H. RONALD L. STEINER MELZER Director of Law Graduate ROBERT E. MURDOCK Programs and Professor DAVID MURPHY THOMAS D. PHELPS GEORGE WILLIS STEVEN P. RUDEN (JD ’05) Director of the Tax Law Clinic, Associate Professor, and Administrator of the Graduate Tax Programs MARYAM ISLES MARISA S. CIANCIARULO Registrar Professor of Law and Associate Dean of Academic Affairs KELLY FARANO Business Manager BOBBY DEXTER Professor of Law LAW SCHOOL FACULTY FRANK J. DOTI DEEPA BADRINARAYANA William P. Foley II Chair in Professor of Law Corporate Law and Taxation RITA BARNETT-ROSE DAVID DOWLING Professor of Legal Research and Professor, Clinical Faculty Writing DR.JOHN EASTMAN MICHAEL BAZYLER Henry Salvatori Professor of Law Professor of Law and 1939 Society and Community Service, Former Law Scholar in Holocaust and Dean (2007-2010), and Director of Human Rights Studies the Center for Constitutional Jurisprudence THOMAS W. BELL Professor of Law KURT EGGERT Professor of Law and Director of DENIS BINDER the Alona Cortese Elder Law Professor of Law Center DANIEL BOGART RICK FAULKNER Bolinger Chair in Real Estate, Associate Professor and Director of Land Use, and Environmental Academic Achievement Law JUDD FUNK DR.THOMAS CAMPBELL Professor, Entertainment Law Professor of Law Faculty LAN CAO DR.JOHN A. HALL Betty Hutton Williams Professor of Professor of Law and Director of International Economic Law International Law Emphasis Program JENNY CAREY Professor of Legal Research and KATHY HELLER Writing Associate Professor of the Practice of Law and Executive Director of ANTHONY T. CASO the Entertainment Law Emphasis Professor, Clinical Faculty Program ERNESTO HERNANDEZ JULIE MARZOUK Professor of Law Assistant Professor, Clinical Faculty, and Co-Director of the HUGH HEWITT Bette and Wylie Aitken Family Professor of Law Protection Clinic SCOTT W. HOWE CELESTINE MCCONVILLE Frank L. Williams Professor of Professor of Law Criminal Law HENRY NOYES LINDA KAWAGUCHI Professor of Law Professor of Law and Director of the Hugh and Hazel Darling MATTHEW J. PARLOW Foundation Law Library Dean of Fowler School of Law and Donald P. Kennedy Chair in Law JANINE KIM Professor of Law ABIGAIL PATTHOFF Professor of Legal Research and DONALD J. KOCHAN Writing Associate Dean for Research and Faculty Development and Parker DR.RICHARD REDDING S. Kennedy Professor in Law Professor of Law and Vice Provost for Graduate Education MICHAEL LANG Professor of Law SUSANNA K. RIPKEN Professor of Law CAROLYN LARMORE Professor of the Practice of Law, LAWRENCE ROSENTHAL and Director of the Externship Professor of Law Program RONALD D. ROTUNDA STEPHANIE LASCELLES Doy and Dee Henley Chair and Associate Professor of Legal Distinguished Professor of Research and Writing Jurisprudence LISA LITWILLER MARY LEE RYAN Professor of Law Professor, Entertainment Law Faculty MARIO MAINERO Professor of Academic Achievement NANCY SCHULTZ and Executive Director of Bar Professor of Law and Director of Preparation and Academic Competitions and Alternative Achievement Dispute Resolution Program WENDY M. SEIDEN Professor, Clinical Faculty, and Co-Director of the Bette and Wylie Aitken Family Protection Clinic SANDRA W. SKAHEN Associate Professor, Clinical Faculty DR.VERNON L. SMITH George L. Argyros Endowed Chair in Finance and Economics and Professor of Economics and Law KENNETH STAHL Professor of Law and Director of the Environmental, Land Use, and Real Estate Law Program DR.WILLIAM STALLWORTH Professor of Law Emeritus DR.RONALD L. STEINER Professor and Director of Law Graduate Programs DR.PARHAM H. WILLIAMS,JR. Dean and Professor Emeritus GEORGE WILLIS Professor, Clinical Faculty and Director of the Tax Law Clinic DR.BART J. WILSON Donald P. Kennedy Chair of Economics and Law Chapman Law Review Volume 21 Winter 2018 Number 1 © 2018 by Chapman Law Review SYMPOSIUM: CONSTRAINING THE EXECUTIVE Introduction to Constraining the Executive Tom Campbell .................................................................... 1 Constraining Moses: Rethinking Thanksgiving Day Proclamations Paul Baumgardner .......................................................... 19 Promoting Executive Accountability Through Qui Tam Legislation Randy Beck ....................................................................... 41 Congress, the Courts, and Party Polarization: Why Congress Rarely Checks the President and Why the Courts Should Not Take Congress’s Place Neal Devins ...................................................................... 55 State Standing to Constrain the President F. Andrew Hessick and William P. Marshall ................. 83 Representative/Senator Trump? Gary Lawson .................................................................. 111 The Constitutional Powers of Anti-Publian Presidents: Constitutional Interpretation in a Broken Constitutional Order Sanford Levinson and Mark A. Graber ........................ 133 War Powers Litigation After Zivotofsky v. Clinton Michael D. Ramsey ........................................................ 177 Franklin Roosevelt and Presidential Power John Yoo ......................................................................... 205 Editor’s Note It is my honor to introduce Chapman Law Review’s first issue of Volume 21. This issue consists of our “paper-only symposium,” a collection of scholarly works discussing “Constraining the Executive,” that features eight articles discussing if, and how, constraining the executive is appropriate. The issue opens with a thought-provoking introduction by Professor Tom Campbell that provides insight into the creation of this written symposium and the articles in the collection, while also challenging the propositions advanced through this scholarship. The articles thereafter highlight each author’s unique and compelling insight into, and proposals for, executive
Load more

Recommended publications
  • Volume 59, Issue 1
    Volume 60, Issue 4 Page 1023 Stanford Law Review THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal & Richard Caplan © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 60 STAN. L. REV. 1023 (2008). For information visit http://lawreview.stanford.edu. THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal* and Richard Caplan** INTRODUCTION.....................................................................................................1024 I. THE NSA CONTROVERSY .................................................................................1029 A. The Foreign Intelligence Surveillance Act................................................1029 B. The NSA Program .....................................................................................1032 II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II........................1035 A. The 1934 Communications Act .................................................................1035 B. FDR’s Thirst for Intelligence ....................................................................1037 C. Nardone I...................................................................................................1041 D. Nardone II .................................................................................................1045 III. FDR’S DEFIANCE OF CONGRESS AND THE SUPREME COURT..........................1047 A. Attorney General
    [Show full text]
  • War and the Constitutional Text John C
    War and the Constitutional Text John C. Yoo∗ In a series of articles, I have criticized the view that the original under- standing of the Constitution requires that Congress provide its authorization before the United States can engage in military hostilities.1 This “pro- Congress” position ignores the constitutional text and structure, errs in in- terpreting the ratification history of the Constitution, and cannot account for the practice of the three branches of government. Instead of the rigid proc- ess advocated by scholars such as Louis Henkin, John Hart Ely, Louis Fisher, Michael Glennon, and Harold Koh,2 I have argued that the Constitu- tion creates a flexible system of war powers. That system provides the president with significant initiative as commander-in-chief, while reserving to Congress ample authority to check executive policy through its power of the purse. In this scheme, the Declare War Clause confers on Congress a ju- ridical power, one that both defines the state of international legal relations ∗ Professor of Law, University of California at Berkeley School of Law (Boalt Hall) (on leave); Deputy Assistant Attorney General, Office of Legal Counsel, United States Department of Justice. The views expressed here are those of the author alone and do not represent the views of the Department of Justice. I express my deep appreciation for the advice and assistance of James C. Ho in preparing this response. Robert Delahunty, Jack Goldsmith, and Sai Prakash provided helpful comments on the draft. 1 See John C. Yoo, Kosovo, War Powers, and the Multilateral Future, 148 U Pa L Rev 1673, 1686–1704 (2000) (discussing the original understanding of war powers in the context of the Kosovo conflict); John C.
    [Show full text]
  • COLAB SLO Newsletter Vol 2 Issue 2 (February 2012)
    February 2012 Newsletter Volume 2, Issue 2 COLAB San Luis Obispo County 1 Volume 2, Issue 2, February 2012 JOIN US FOR AN INSPIRING AND FESTIVE EVENING WITH HUGH HEWITT ur Third Annual Dinner and Fundraiser keynote screening of researchers wishing to use the library O speaker, Hugh Hewitt, is one of America’s most resources. Hewitt suggested refusing admission to perceptive and exciting conservative teachers and researchers deemed "unfriendly" — specifically commentators. Often provoking but never doctrinaire, Hewitt Bob Woodward, whom he said was "not a will inspire us all to resist and ultimately triumph over the responsible journalist." John Taylor, a spokesman environmental-socialist juggernaught which has engulfed our for Nixon, overturned Hewitt's decision after two nation, state, and San Luis Obispo County. Some of Mr. days, but it became the subject of editorial rebuke Hewitt’s achievements and courageous positions are detailed in The New York Times anyway. in the article below entitled Hugh Hewitt:1 When he left the library to practice law, Hewitt Hugh Hewitt (born February 22, 1956) is an began a weekend radio talk show for the Los American radio talk show host with the Salem Angeles radio station KFI, where he broadcast from Radio Network, lawyer, academic, and author. An late 1990 to 1995. In the spring of 1992 he began outspoken Republican, evangelical Christian, he cohosting L.A. PBS member station KCET's nightly comments on society, politics, and media bias in news and public affairs program, Life & Times, and the United States. Hewitt is also a law professor at remained with the program until the fall of 2001, Chapman University School of Law.
    [Show full text]
  • Committee on the Judiciary, U.S. House Of
    1 COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, WASHINGTON, D.C. INTERVIEWOF: DON MCGAHN Friday,June 4,2021 Washington,D.C. The interviewin the above matter was held in Room2141, Rayburn House Office Building,commencingat 10:05 a.m. 2 Present: RepresentativesNadler, Jackson Lee,Johnson of Georgia, Raskin, Scanlon, Dean, Jordan, and Gaetz. Staff Present: Perry Apelbaum,Staff Directorand Chief Counsel; Aaron Hiller, Deputy Chief Counsel; Arya Hariharan,Chief Oversight Counsel; Sarah Istel,Oversight Counsel; PriyankaMara, ProfessionalStaff Member; Cierra Fontenot,Chief Clerk; Kayla Hamedi,Deputy PressSecretary; Will Emmons,ProfessionalStaff Member; Anthony Valdez, ProfessionalStaff Member; Steve Castor,Minority GeneralCounsel; James Lesinski, Minority Counsel; Betsy Ferguson,Minority Senior Counsel; Caroline Nabity, Minority Counsel; Michael Koren, Minority Senior ProfessionalStaff; Darius Namazi, Minority Research Assistant; and Isabela Belchior, Legislative Director for Representative Matt Gaetz. 3 Appearances: For DONMCGAHN: ALLISON MCGUIRE WILLIAM A. BURCK QUINN EMANUEL URQUHART & SULLIVAN, LLP 1300 I Street NW Suite 900 Washington,D.C. 20005 For the DEPARTMENT OF JUSTICE: ELIZABETH SHAPIRO, COUNSEL For the OFFICE OF THE FORMERPRESIDENT TRUMP: SCOTT GAST 4 Mr. Hiller. All right. We'll go on the record. Good morning. I'm Aaron Hiller,deputy chief counselfor the House Judiciary Committee,and I havethe honor of kickingthings off today. This is a transcribed interview of former White House counsel, Donald F. McGahn. Would the witness please state his name and formal position at the White House for the record? Mr. McGahn. I'mDonald McGahn. I was the counsel to the President. Mr. Hiller. Thank you, sir. Thank you for appearingheretoday. I will now ask everyone who is herein the roomto introducethemselves for the record.
    [Show full text]
  • Testimonial Immunity Before Congress of the Former Counsel to the President
    (Slip Opinion) Testimonial Immunity Before Congress of the Former Counsel to the President The immunity of the President’s immediate advisers from compelled congressional testimony on matters related to their official responsibilities has long been recognized and arises from the fundamental workings of the separation of powers. This immunity applies to former senior advisers such as the former White House Counsel. According- ly, the former Counsel is not legally required to appear and testify about matters relat- ed to his official duties as Counsel to the President. The President does not waive an adviser’s immunity from compelled congressional testimony by authorizing disclosure of any particular information. The disclosure’s impact on executive privilege does not ultimately bear on any underlying immunity from compelled testimony. Because Congress may not constitutionally compel the former Counsel to testify about his official duties, he may not be civilly or criminally penalized for following a presiden- tial directive not to appear. The same rationale applies equally to an exercise of inher- ent contempt powers against a senior aide who has complied with a presidential direc- tion that he not provide testimony to a congressional committee. May 20, 2019 MEMORANDUM FOR THE COUNSEL TO THE PRESIDENT On April 22, 2019, the Committee on the Judiciary of the House of Representatives subpoenaed Donald F. McGahn II, the former Counsel to the President, to testify about matters described in the report of Special Counsel Robert S. Mueller, III. You have asked whether Mr. McGahn is legally required to appear. We provide the same answer that the Department of Justice has repeat- edly provided for nearly five decades: Congress may not constitutionally compel the President’s senior advisers to testify about their official duties.
    [Show full text]
  • Articles Lightened Scrutiny
    VOLUME 124 MARCH 2011 NUMBER 5 © 2011 by The Harvard Law Review Association ARTICLES LIGHTENED SCRUTINY Bert I. Huang TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... 1111 I. DEFERENCE ADRIFT? ........................................................................................................... 1116 A. The Judges’ Hypothesis .................................................................................................... 1118 B. In Search of Evidence ...................................................................................................... 1119 II. A NATURAL EXPERIMENT: “THE SURGE” ..................................................................... 1121 A. The Unusual Origins of the Surge ................................................................................... 1122 B. Toward a Causal Story ..................................................................................................... 1123 C. A Second Experiment ....................................................................................................... 1126 III. FINDINGS: LIGHTENED SCRUTINY ............................................................................... 1127 A. The Data ............................................................................................................................. 1127 B. Revealed Deference ..........................................................................................................
    [Show full text]
  • Federal Government
    FEDERAL GOVERNMENT Chapter 5 FEDERAL GOVERNMENT 261 PRESIDENT OF THE UNITED STATES George W. Bush – Texas (R) Term: Serving second term expiring January 2009. Profession: Businessman; Professional Baseball Team Owner; Texas Governor, 1995-2000. Education: Received B.S., Yale University, 1968; M.B.A., Harvard University, 1975. Military Service: Texas Air National Guard, 1968-1973. Residence: Born in New Haven, CT. Resident of Texas. Family Members: Wife, Laura Welch Bush; two daughters. www.whitehouse.gov VICE PRESIDENT OF THE UNITED STATES Richard B. Cheney – Wyoming (R) Term: Serving second term expiring January 2009. Profession: Public Official; White House Chief of Staff to President Gerald Ford, 1975-1977; U.S. Congressman, Wyoming, 1979-1989; Secretary of Defense, 1989-1993; Chief Executive Officer of the Halliburton Company. Education: Received B.A., University of Wyoming, 1965; M.A., University of Wyoming, 1966. Residence: Born in Lincoln, NE. Resident of Wyo- ming. Family Members: Wife, Lynne V. Cheney; two daugh- ters. www.whitehouse.gov 262 IOWA OFFICIAL REGISTER U.S. SENATOR Charles E. Grassley – New Hartford (R) Term: Serving fifth term in U.S. Senate expiring January 2011. Profession and Activities: Farmer and partner with son, Robin. Member: Baptist Church, Farm Bureau, Iowa Historical Society, Pi Gamma Mu, Kappa Delta Pi, Mason, International Association of Machinists, 1962-1971. Member: Iowa House of Representatives, 1959-1975; U.S. House of Representatives, 1975-1981. Elected to U.S. Senate, 1980; reelected 1986, 1992,
    [Show full text]
  • The History of Redistricting in Georgia
    GEORGIA LAW REVIEW(DO NOT DELETE) 11/6/2018 8:33 PM THE HISTORY OF REDISTRICTING IN GEORGIA Charles S. Bullock III* In his memoirs, Chief Justice Earl Warren singled out the redistricting cases as the most significant decisions of his tenure on the Court.1 A review of the changes redistricting introduced in Georgia supports Warren’s assessment. Not only have the obligations to equalize populations across districts and to do so in a racially fair manner transformed the makeup of the state’s collegial bodies, Georgia has provided the setting for multiple cases that have defined the requirements to be met when designing districts. Other than the very first adjustments that occurred in the 1960s, changes in Georgia plans had to secure approval from the federal government pursuant to the Voting Rights Act. Also, the first four decades of the Redistricting Revolution occurred with a Democratic legislature and governor in place. Not surprisingly, the partisans in control of redistricting sought to protect their own and as that became difficult they employed more extreme measures. When in the minority, Republicans had no chance to enact plans on their own. Beginning in the 1980s and peaking a decade later, Republicans joined forces with black Democrats to devise alternatives to the proposals of white Democrats. The biracial, bipartisan coalition never had sufficient numbers to enact its ideas. After striking out in the legislature, African-Americans appealed to the U.S. Attorney General alleging that the plans enacted were less favorable to black interests than alternatives * Charles S. Bullock, III is a University Professor of Public and International Affairs at the University of Georgia where he holds the Richard B.
    [Show full text]
  • MEMORANDUM FROM: Victoria Bassetti, Fellow, Brennan Center for Justice TO: Interested Parties DATE: April 11, 2018 RE
    Brennan Center for Justice At New York University School of Law Washington, D.C. Office 1140 Connecticut Ave. NW, Suite 1150 Washington, D.C. 20036 Phone 202.249.7190 Fax 202.223.2683 MEMORANDUM FROM: Victoria Bassetti, Fellow, Brennan Center for Justice TO: Interested Parties DATE: April 11, 2018 RE: DOJ ORDER OF SUCCESSION If President Donald Trump wanted to fire Special Counsel Robert Mueller he would have to get the Attorney General to do so. By law, only the Attorney General can fire Mueller. The President himself cannot do so. In the wake of Attorney General Jeff Sessions’ recusal from the matter, Deputy Attorney General Rod Rosenstein has been the Acting Attorney General regarding Russian interference with the 2016 election and related matters. Rosenstein appointed Mueller as Special Counsel on May 17, 2017.1 He did so under his statutory authority to “specially appoint[]” an attorney to “conduct any kind of legal proceeding.” In addition, he indicated that Mueller would be bound by regulations governing Special Counsels. 2 Those regulations provide that only the Attorney General can only fire the Special Counsel for cause and must do so in writing. They provide: The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.3 In addition, since Mueller was appointed pursuant to a statutory provision, Supreme Court precedent holds that he can only be removed by the department head (i.e.
    [Show full text]
  • Bios for Commercial Speech 2020
    Bios for Commercial Speech 2020 Floyd Abrams Floyd Abrams is Senior Counsel in Cahill Gordon & Reindel LLP's litigation practice group. Floyd has a national trial and appellate practice and extensive experience in high-visibility matters, often involving First Amendment, securities litigation, intellectual property, public policy and regulatory issues. He has argued frequently in the Supreme Court in cases raising issues as diverse as the scope of the First Amendment, the interpretation of ERISA, the nature of broadcast regulation, the impact of copyright law and the continuing viability of the Miranda rule. Floyd Abrams is a member of the American Academy of Arts & Sciences. He has been an active member of both federal and New York City bar associations and has chaired committees for both. He has been the recipient of numerous awards, including Yale Law School’s prestigious Award of Merit in 2015. He has appeared frequently on television and has published articles and reviews in The New York Times, The Washington Post, The Yale Law Journal, The Harvard Law Review, and elsewhere. For fifteen years, Floyd was the William J. Brennan, Jr. Visiting Professor of First Amendment Law at the Columbia Graduate School of Journalism. He has, as well, been a Visiting Lecturer at Yale Law School and Columbia Law School and he is author of Friend of the Court: On the Front Lines with the First Amendment, published by Yale University Press (2013) and Speaking Freely: Trials of the First Amendment, published by Viking Press (2005). Alex Abdo Alex Abdo is the inaugural Litigation Director of the Knight First Amendment Institute at Columbia University.
    [Show full text]
  • Tournament 17 Round 10 Tossups 1
    Tournament 17 Round 10 Tossups 1. This composer wrote the "Veil Song" for the Princess Eboli in his Don Carlos. Before he composed one of his few comic operas, which was based on The Merry Wives of Windsor, his name became an acronym for the Italian unification movement. This composer of Falstaff had the Duke of Mantua sing about fickle women in (*) "La donna e mobile" (MOW-bee-lay) in his opera Rigoletto. For 10 points, name this composer of Otello, La Traviata, and an opera about an Ethopian princess who is buried alive, Aida (eye-EE-duh). ANSWER: Giuseppe Fortunino Francesco Verdi 019-11-29-10102 2. This man wrote play in which Heracles brings Admetus’s wife back from the dead. In another play by him, Talthybius (tahl-THIH-bee-us) foretells the death of Astyanax (uh-STY-uh-naks), the granddaughter of Hecuba. This author of Alcestis and The Trojan Women wrote a play that ends with the title character escaping in the sun god’s chariot after using a (*) poisoned cloak to kill her husband’s lover Glauce (GLOU-see). For 10 points, name this Greek playwright who wrote about Jason’s wife in Medea. ANSWER: Euripides 079-11-29-10103 3. A popular practice by supporters of this theory was parodied with the creation of "Project Steve." The modern form of this theory was postulated by John Whitcomb and Henry Morris, while Duane Gish heads the Institute for Research devoted to confirming it. A law mandating the teaching of this theory was struck down in Edwards v.
    [Show full text]
  • June 16, 2020 the Honorable Chuck
    June 16, 2020 The Honorable Chuck Grassley The Honorable Ron Wyden Chair Ranking Member Committee on Finance Committee on Finance United States Senate United States Senate 219 Dirksen Senate Office Building 219 Dirksen Senate Office Building Washington, DC 20510 Washington, DC 20515 Re: Telehealth Services Dear Chairman Grassley and Ranking Member Wyden: America’s Physician Groups would like to thank you for your efforts to address the struggles that healthcare organizations have faced during the ongoing COVID-19 pandemic. Initiatives resulting from the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act legislation such as the Paycheck Protection Program, the expansion of telehealth programs, and the Public Health and Social Services Emergency Fund (PHSSEF) have greatly assisted physician practices and hospitals in providing treatment for those patients in need, flattening the pandemic curve, and relieving the financial pressures they have faced while serving their communities. But, as you know, the community public health need is still great. Of particular importance is the future of telemedicine. In the wake of the COVID-19 pandemic, these services have become vital in treating patients where they are as the nation embarks on widespread social distancing. Telehealth services allow physicians to extend care to more patients and increase access. This vital method of care should not be limited during a public health emergency. About America’s Physician Groups APG is a national professional association representing over 300 physician groups that employ or contract with approximately 195,000 physicians that provide care to nearly 45 million patients. Our tagline, “Taking Responsibility for America’s Health,” represents our members’ vision to move from the antiquated fee-for-service (FFS) reimbursement system to a value- based system where physician groups are accountable for the cost and quality of care.
    [Show full text]