The Courts Must Declare the Sense of The
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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. -
Mary Beth Buchanan United States Attorney
United States Attorney’s Office Western District of Pennsylvania Mary Beth Buchanan United States Attorney Mary Beth Buchanan is the United States Attorney for the Western District of Pennsylvania. She was appointed by President George W. Bush on September 5, 2001, and confirmed by the United States Senate on September 14, 2001. Ms. Buchanan is the first woman in Pennsylvania's history to be Presidentially appointed to this position. As United States Attorney, Ms. Buchanan oversees the prosecution of all federal crimes, and the litigation of civil matters in which the federal government has an interest, throughout the twenty-five counties in Western Pennsylvania. At the request of the Attorney General, Ms. Buchanan also served from June 2004 until June 2005 as the Director of the Executive Office for United States Attorneys. This Washington D.C.-based office provides administrative support to the 94 United States Attorneys' Offices nationwide. Between April 2003 and May 2004, Ms. Buchanan served as chair of Attorney General John Ashcroft's Advisory Committee of United States Attorneys. This Committee counsels the Attorney General on law enforcement issues and plays an integral role in setting Department of Justice policy. She also serves on several subcommittees of Attorney General Ashcroft's Advisory Committee, including the Terrorism/National Security Subcommittee; the Violent Crime/Organized Crime Subcommittee; the White Collar Crime Subcommittee; the Civil Rights Subcommittee; and the Child Exploitation and Obscenity Working Group. From February 2002 to 2004, she served on an Advisory Committee to the United States Sentencing Commission, which was established to study the effectiveness of the Federal Sentencing Guidelines for organizations. -
Complete Report
FOR RELEASE: THURSDAY, JANUARY 11, 2001, 4:00 P.M. It’s the Economy Again! CLINTON NOSTALGIA SETS IN, BUSH REACTION MIXED Also Inside ... w Hillary's Favorability Rises. w Winners and Losers under Bush. w Powell a Visible Choice. w Clinton's Issue Report Card. FOR FURTHER INFORMATION CONTACT: Andrew Kohut, Director Carroll Doherty, Editor Kimberly Parker, Research Director Michael Dimock, Survey Director Nilanthi Samaranayake, Project Director Pew Research Center for The People & The Press 202/293-3126 http://www.people-press.org It’s the Economy Again! CLINTON NOSTALGIA SETS IN, BUSH REACTION MIXED As the country awaits the formal transfer of presidential power, Bill Clinton has never looked better to the American public, while his successor George W. Bush is receiving initial reviews that are more mixed, though still positive. The president leaves office with 61% of the public approving of the way he is handling the job, combined with a surprisingly lofty 64% favorability rating (up from 48% in May 2000). The favorability rating, a mixture of personal and performance evaluations, is all the more impressive because such judgments have never been Clinton’s strong suit. Unlike other recent presidents, Clinton’s ratings have often run below his job approval scores. As historians and scholars render their judgments of Clinton’s legacy, the public is Improved Opinion of the Clintons ... weighing in with a nuanced verdict. By a 60%- Aug May Jan 27% margin, people feel that, in the long run, 1998 2000 2001 Clinton’s accomplishments in office will Bill Clinton ... %%% Favorable 54 48 64 outweigh his failures, even though 67% think he Unfavorable 44 47 34 will be remembered for impeachment and the Don't know 2 5 2 100 100 100 scandals, not for what he achieved. -
An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General
U.S. Department of Justice An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General U.S. Department of Justice U.S. Department of Justice Office of Professional Responsibility Office of the Inspector General July 28, 2008 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................ i CHAPTER ONE INTRODUCTION................................................................. 1 I. Scope of the Investigation.................................................................. 1 II. Methodology of the Investigation ....................................................... 2 III. Organization of this Report ............................................................... 3 CHAPTER TWO BACKGROUND.................................................................. 5 I. Monica Goodling ............................................................................... 5 II. Kyle Sampson ................................................................................... 6 III. Susan Richmond and Jan Williams................................................... 7 IV. Department Components and Personnel ........................................... 7 V. Hiring Standards ............................................................................ 11 A. Department Career and Political Attorney Positions ............... 11 B. Legal Standards..................................................................... 12 CHAPTER THREE GOODLING’S ROLE -
Dead Precedents Riley T
Notre Dame Law Review Online Volume 93 | Issue 1 Article 1 8-2017 Dead Precedents Riley T. Svikhart Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr_online Part of the Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation 93 Notre Dame L. Rev. Online 1 (2018) This Essay is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review Online by an authorized editor of NDLScholarship. For more information, please contact [email protected]. ESSAY DEAD PRECEDENTS Riley T. Svikhart* INTRODUCTION Shaun McCutcheon’s was the “next big campaign finance case to go before the Supreme Court.”1 When the Alabama GOP warned the conservative businessman that his 2010 federal campaign contributions might soon exceed a congressionally imposed limit, he decided to “take a stand.”2 Together, McCutcheon and the Republican National Committee (RNC)—which “wish[ed] to receive the contributions that McCutcheon and similarly situated individuals would like to make” in the absence of such aggregate contribution limits3—challenged the responsible statutory regime4 on First Amendment grounds and attracted national attention en route to a victory before the Supreme Court.5 But while McCutcheon and the RNC prevailed in their case, they failed in another noteworthy regard—Chief Justice Roberts’s controlling opinion declined their request to squarely overrule a relevant portion of the landmark campaign © 2017 Riley T. Svikhart. Individuals and nonprofit institutions may reproduce and distribute copies of this Essay in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review Online, and includes this provision and copyright notice. -
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. -
Case 3:10-Md-02184-CRB Document 188-2 Filed 01/20/20 Page 1 of 25
Case 3:10-md-02184-CRB Document 188-2 Filed 01/20/20 Page 1 of 25 1 Theodore H. Frank (SBN 196332) HAMILTON LINCOLN LAW INSTITUTE 2 CENTER FOR CLASS ACTION FAIRNESS 1629 K Street NW, Suite 300 3 Washington, DC 20006 4 Voice: 703-203-3848 Email: [email protected] 5 Attorneys for Objector David Lowery 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 9 10 IN RE GOOGLE LLC STREET VIEW Case No. 3:10-md-02184-CRB 11 ELECTRONIC COMMUNICATIONS LITIGATION DECLARATION OF THEODORE FRANK 12 Time: 10:00 A.M. 13 Date: February 28, 2020 Judge: Hon. Charles R. Breyer DAVID LOWERY, th 14 Courtroom: 6, 17 Floor Objector. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JOHN Case 3:10-md-02184-CRB Document 188-2 Filed 01/20/20 Page 2 of 25 1 I, Theodore Frank, declare as follows: 2 1. I have personal knowledge of the facts set forth herein and, if called as a witness, could and 3 would testify competently thereto. 4 2. My full name is Theodore Harold Frank. My business address is Hamilton Lincoln Law 5 Institute, Center for Class Action Fairness, 1629 K Street NW, Suite 300, Washington, DC 20006. My 6 telephone number is 703-203-3848. My email address is [email protected]. 7 3. I am Director of Litigation at the non-profit Hamilton Lincoln Law Institute (“HLLI”), and a 8 Senior Attorney with its Center for Class Action Fairness (“CCAF”). -
2013 Mont Pelerin Society Membership List
MONT PELERIN SOCIETY DIRECTORY- 2013 1 ARGENTINA Dr. Martin Krause _____________________ San Isidro, Buenos Aires Argentina Dr. Alberto Benegas-Lynch Jr. San Isidro, BU Argentina 2000 Eduardo Marty 1978 Buenos Aires Argentina Gerardo Bongiovanni 2004 Rosario, Santa Fe Argentina Maria Gabriela Mrad 2007 Buenos Aires Argentina Mr. Walter Castro 2002 Rosario, Santa Fe Argentina Professor Martin Simonetta 2011 Buenos Aires Argentina Mr. Eduardo Helguera 2011 Argentina 1988 _______________________________________________________ H = Home Phone O = Office Phone F = Fax 19/20_ = Year of Membership * = Past President MONT PELERIN SOCIETY DIRECTORY- 2013 2 Professor Hector Siracusano AUSTRALIA _____________________ Buenos Aires Argentina Dr. Tanveer Ahmed Drummoyne, NSW Australia 1994 Life Member 2011 Eduardo Stordeur Argentina DR. Janet Albrechttsen 2012 Sydney, NSW Dr. Esteban Thomsen Australia Martinez, Buenos Aires Argentina 2011 1988 Professor James Allan Mr Guillermo Yeatts Sherwood, Brisbane, QLD Australia San Isidro, Buenos Aires Argentina 2010 1998 Mr. David Archibald Dr. Meir Zylberberg Perth, WA Buenos Aires Australia Argentina 2011 1969 Life Member _______________________________________________________ H = Home Phone O = Office Phone F = Fax 19/20_ = Year of Membership * = Past President MONT PELERIN SOCIETY DIRECTORY- 2013 3 Prof. Jeff Bennett Ms. Juel Briggs Gladesville, NSW Gundaroo, NSW Australia Australia 2008 2011 Mr. Chris Berg Mr. Robert Carling Mosman, NSW Melbourne, VIC Australia Australia 2011 2011 Mr. James Cox PSM Dr. Peter J. Boxall AO Sydney, NSW Coogee, NSW Australia Australia 2011 2011 Dr. Jonathan Crowe T. C. Beirne School of Law- The Professor Geoffrey Brennan University of Queensland Canberra W232A Forgan Smith Building, St. Lucia Capus Australia Brisbane, QLD 4072 Australia 1987 2011 _______________________________________________________ H = Home Phone O = Office Phone F = Fax 19/20_ = Year of Membership * = Past President MONT PELERIN SOCIETY DIRECTORY- 2013 4 Michael Darling Mr. -
Objection of Anna St. John to Proposed Class Action Settlement
Case 4:13-cv-05996-PJH Document 243 Filed 06/27/17 Page 1 of 30 Theodore H. Frank (SBN 196332) 1 William I. Chamberlain (SBN 306046) (Only admitted in California; practice directly 2 supervised by members of the D.C. Bar) 3 COMPETITIVE ENTERPRISE INSTITUTE CENTER FOR CLASS ACTION FAIRNESS 4 1310 L Street, NW, 7th Floor Washington, DC 20005 5 Voice: (202) 331-2263 Email: [email protected] 6 Attorneys for Objector Anna St. John 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 MATTHEW CAMPBELL, MICHAEL 11 HURLEY, on behalf of themselves and all others Case No. 4:13-cv-5996-PJH 12 similarly situated, Plaintiffs, 13 OBJECTION OF ANNA ST. JOHN TO v. PROPOSED SETTLEMENT 14 FACEBOOK INC., 15 Date: August 9, 2017 Defendant. 16 Time: 9:00 a.m. Courtroom: 3, 3rd Floor 17 Judge: Hon. Phyllis J. Hamilton 18 ANNA ST. JOHN, 19 Objector. 20 21 22 23 24 25 26 27 28 Case No. 4:13-cv-5996-PJH OBJECTION OF ANNA ST. JOHN TO PROPOSED SETTLEMENT Case 4:13-cv-05996-PJH Document 243 Filed 06/27/17 Page 2 of 30 1 TABLE OF CONTENTS 2 TABLE OF CONTENTS ................................................................................................................................ i 3 TABLE OF AUTHORITIES ......................................................................................................................... ii 4 SUMMARY OF ARGUMENT ...................................................................................................................... 7 5 ARGUMENT.................................................................................................................................................... -
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. -
Walmart Names New EVP, Adds to Board of Directors
- Advertisement - Walmart names new EVP, adds to board of directors February 12, 2018 Walmart has hired Rachel Brand as executive vice president of global governance and corporate secretary. Brand will report to President and Chief Executive Officer Doug McMillon. Additionally, the company's board of directors has appointed Sarah Friar, chief financial officer of Square Inc., as a new independent director to the company’s board, effective immediately. Friar becomes the 12 member of the board and will also serve as a member of the company’s Audit Committee and Strategic Planning and Finance Committee. Brand will be responsible for the organization’s legal, global ethics and compliance, and global investigation, security, aviation and travel departments, along with her role as corporate secretary. 1 / 2 “We are fortunate to have a leader of Rachel Brand’s stature join the company,” McMillon said. “We have strengthened our governance capabilities and Rachel will help us continue on that journey. Her strong character, capabilities and experience will enable her to contribute broadly as we shape the future of Walmart and strive to serve our customers even more effectively.” Brand is replacing Jeff Gearhart, who retired at the end of January. Brand brings deep academic and professional experience to her role, coming to the company from the U.S. Department of Justice, where she served as associate attorney general, the department’s third-ranking position. Brand, the first woman to serve as associate attorney general, was confirmed by the U.S. Senate and sworn into office May 22, 2017. As associate attorney general, Brand oversaw thousands of attorneys and professionals across the department’s civil law divisions, including antitrust, tax and environment and natural resources. -
Intelligence Legalism and the National Security Agency's Civil Liberties
112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business.