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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 -
Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School
College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 1995 Section 1: Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 1: Justices' Profiles" (1995). Supreme Court Preview. 35. https://scholarship.law.wm.edu/preview/35 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview WARREN E. BURGER IS DEAD AT 87 Was Chief Justice for 17 Years Copyright 1995 The New York Times Company The New York Times June 26, 1995, Monday Linda Greenhouse Washington, June 25 - Warren E. Burger, who retired to apply like an epithet -- overruled no major in 1986 after 17 years as the 15th Chief Justice of the decisions from the Warren era. United States, died here today at age 87. The cause It was a further incongruity that despite Chief was congestive heart failure, a spokeswoman for the Justice Burger's high visibility and the evident relish Supreme Court said. with which he used his office to expound his views on An energetic court administrator, Chief Justice everything from legal education to prison Burger was in some respects a transitional figure management, scholars and Supreme Court despite his tenure, the longest for a Chief Justice in commentators continued to question the degree to this century. He presided over a Court that, while it which he actually led the institution over which he so grew steadily more conservative with subsequent energetically presided. -
Did William Barr Refuse a Subpoena
Did William Barr Refuse A Subpoena Unmetrical Luke padlock: he breezed his Armorican mnemonically and nobbily. Oligarchic and largest Abdulkarim never perverts his pterosaurs! How anarchic is Otho when color and brattish Sherwynd agitating some kowhais? The resolutions numbers restart every time and did william barr refuse a subpoena from him when we have accepted client has two houses, including a general? The Justice chief said allowing such cooperation did not mean. Y had refused so far more review a version of opening report a far fewer redactions. A Subpoena is a court priest to come a court tell you ignore the butcher the slow will hold you in reverse You could descend to round or face a big fine for ignoring the Subpoena Subpoenas are used in contract criminal wrongdoing civil cases. Congress does not big and detain it for ignoring its subpoenas. Y on May 2 slammed Attorney General William P Barr for refusing to appear. Contempt of Congress Wikipedia. And van Trump administration that has defied numerous subpoenas. And potentially embarrassing to a presidenteven if he did apparent wrong. Committee to bill to pick to landlord two subpoenas related to Robert S. Nadler did not seem out issuing a subpoena for Barr's testimony down the last but care was not expected to erase so on Thursday This story ever been. What to recruit about only General William Barr the door. Does a subpoena mean form are mostly trouble? Last week is General William Barr released a redacted version of. Watergate select committee threatened to jail staff who refused to appear. -
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. -
US Attorney General Releases New DOJ Charging and Sentencing Policy
May 2017 U.S. Attorney General Releases New DOJ Charging and Sentencing Policy – Little Impact Anticipated for White Collar Cases and FCPA Pilot Program On May 12, 2017, U.S. Attorney General Jeff Sessions issued a two-page memorandum setting forth a new charging and sentencing policy for the U.S. Department of Justice (“DOJ”) (the “Sessions Memo,” available here). Except in limited circumstances, the new policy directs federal prosecutors to charge criminal defendants with “the most serious, readily provable offense,” and requires them to disclose to the sentencing court “all facts that impact the sentencing guidelines or mandatory minimum sentences.”1 The new policy rescinds a memorandum that former Attorney General Eric Holder issued on August 12, 2013 (the “Holder Memo,” available here), which instructed federal prosecutors to “conduct an individualized assessment of the extent to which charges fit the specific circumstances of the case.” While the Sessions Memo is likely to have a material impact in drug and violent crime cases, its effect on white-collar cases is less clear. Indeed, white-collar cases involve complex questions of intent, and the most “serious, readily provable offense” will likely continue to be subject to prosecutorial judgment and discretion. Importantly, DOJ has already issued a statement that the “[t]he [Foreign Corrupt Practices Act] pilot program is not affected by the new department charging and sentencing policy, as any potential exception made as part of the program would comply with the approval requirements laid out in the memo.”2, 3 1 The U.S. Sentencing Guidelines are non-binding rules that set forth a uniform sentencing policy for defendants convicted in the federal court system, which judges must consider in determining a criminal defendant’s sentence (available here). -
Address by Honorable J. Howard Mcgrath, Attorney General of The
For Release Upon Delivery ADDRESS :: BY .~~., '\. HONORABLE J. HOWARD McGRATH . .... , <fTORNEY GENERAL OF THE UNITED STATES Prepared for Delivery B.t Cent ennial Bs.nquet THIRD ANNUAL INSTITUTE SMITH COUNTY BAR ASSOCIATION American Legion Hall Tyler, Texas Saturday, April 7, 1951 6:30 p.m. I am honored to be here tClday to have an active part in this third annual institute of the Smith County Bar Associa.tion. Texas and Smith County, Texas, have proud histories, in which the bar and the bench have had important parts. That this month marks the lOOth Anniversary of the first sessions of the Federal and state courts here in 'l'yler, Texa.s, in April, 1851, bears testimony to those histories. And the star of Texas is still rising. In this largest State of the Union, from which many of our national blessings flow, in this State whose inhabitants are brimming with vigor and enthusiasm, a perscn realizes that he lives in the greatest country on the face of the eartho As all of you are aware, two of my illustrious predecessors in the affine of Attorney General of the United States have come from Texas, the Honora91e Thomas Watt Gregory, and my good friend, the Honorable Tom C. Clark, now Associate Justice of the United States Supreme Court. Both of these distinguished lawyers and Americans served as Attorneys General in difficult and critical periods in our history. Attorney General Gregory was the trusted legal adviser to President Wilson from 1914 to 1919, throughout the period of the First ~vorld \'fa.r; Attorney General Clark was President Truman's Attorney General during the important years from 1945 to 19l1-9, when many of the tremendous problems which grew out of World War II first arose~ Texas can well be proud of the contributions to the Nationts welfare made by each of these sons. -
Affordable Care Act As an Unconstitutional Exercise of Con- Gressional Power
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT COMMONWEALTH OF VIRGINIA ex rel. KENNETH T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, Plaintiff-Appellee, v. KATHLEEN SEBELIUS, Secretary of the Department of Health and Human Services, in her official capacity, Defendant-Appellant. AMERICA’S HEALTH INSURANCE No. 11-1057 PLANS; CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, Amici Curiae, AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES; THE ARC OF THE UNITED STATES; BREAST CANCER ACTION; FAMILIES USA; FRIENDS OF CANCER RESEARCH; MARCH OF DIMES FOUNDATION; MENTAL HEALTH AMERICA; NATIONAL BREAST CANCER COALITION; NATIONAL ORGANIZATION FOR RARE DISORDERS; 2 VIRGINIA v. SEBELIUS NATIONAL PARTNERSHIP FOR WOMEN AND FAMILIES; NATIONAL SENIOR CITIZENS LAW CENTER; NATIONAL WOMEN’S HEALTH NETWORK; THE OVARIAN CANCER NATIONAL ALLIANCE; AMERICAN NURSES ASSOCIATION; AMERICAN ACADEMY OF PEDIATRICS, INCORPORATED; AMERICAN MEDICAL STUDENT ASSOCIATION; CENTER FOR AMERICAN PROGRESS, d/b/a Doctors for America; NATIONAL HISPANIC MEDICAL ASSOCIATION; NATIONAL PHYSICIANS ALLIANCE; CONSTITUTIONAL LAW PROFESSORS; YOUNG INVINCIBLES; KEVIN C. WALSH; AMERICAN CANCER SOCIETY; AMERICAN CANCER SOCIETY CANCER ACTION NETWORK; AMERICAN DIABETES ASSOCIATION; AMERICAN HEART ASSOCIATION; DR. DAVID CUTLER, Deputy, Otto Eckstein Professor of Applied Economics, Harvard University; DR. HENRY AARON, Senior Fellow, Economic Studies, Bruce and Virginia MacLaury Chair, The Brookings Institution; DR. GEORGE AKERLOF, Koshland Professor of Economics, University of California-Berkeley; DR. STUART ALTMAN, Sol C. Chaikin Professor of National Health Policy, Brandeis University; VIRGINIA v. SEBELIUS 3 DR. KENNETH ARROW, Joan Kenney Professor of Economics and Professor of Operations Research, Stanford University; DR. SUSAN ATHEY, Professor of Economics, Harvard University; DR. -
The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act
Journal of the Minnesota Academy of Science Volume 34 Number 2 Article 22 1967 The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act Thomas L. Pahl Mankato State College Follow this and additional works at: https://digitalcommons.morris.umn.edu/jmas Part of the American Politics Commons Recommended Citation Pahl, T. L. (1967). The Dilemma of a Civil Libertarian: Francis Biddle and the Smith Act. Journal of the Minnesota Academy of Science, Vol. 34 No.2, 161-164. Retrieved from https://digitalcommons.morris.umn.edu/jmas/vol34/iss2/22 This Article is brought to you for free and open access by the Journals at University of Minnesota Morris Digital Well. It has been accepted for inclusion in Journal of the Minnesota Academy of Science by an authorized editor of University of Minnesota Morris Digital Well. For more information, please contact [email protected]. The Dilemma of a Civil Libertarian: Francis Biddle And the Smith Act THOMAS L. PAHL Mankato State College ABSTRACT - Although society may have good reasons for protecting itself against both sedition and conspiracy, history demonstrates that statutes directed against these offenses are particularly prone to result in the abuse of power. A possibility of just such an abuse in the first application of the Smith Act - the Minneapolis Trotskyite trial of 1941 - led to a consideration of a civil libertarian caught in the cross-pressure of enforcing a law anathema to his professed liberal be liefs. The study showed that, during time of threat, internal or external, our democratic society permits our government officials, in the name of survival, to limit those freedoms guaranteed by our Constitution. -
August 4, 2021 VIA E-MAIL Joon H. Kim Anne L. Clark Special Deputies
August 4, 2021 VIA E-MAIL Joon H. Kim Anne L. Clark Special Deputies to the First Deputy Attorney General Office of the Attorney General The Capitol Albany, NY 112224-0341 Re: Response to Special Investigators’ Report Dear Counsel: As outside counsel to the Executive Chamber, we write to express our client’s deep concerns about the fairness of your investigation, and the lack of neutrality and impartiality with which it was conducted and concluded. First, it is very disappointing that you refused to provide the subjects of the investigation, many of whom are current and former Chamber officers and employees, with an opportunity to review and respond to your findings before they became public today.1 Unlike civil litigation or criminal prosecutions, where an investigation is followed by the opportunity for a trial or a hearing, your report is the end of the line. There will be no formal setting in which those whose conduct the report discusses will have a meaningful opportunity to challenge, rebut, or even raise questions about the investigators’ accuracy, their credibility determinations, or their thoroughness. That lack of process explains why it has now become commonplace in circumstances like these for agencies such as the New York Inspector General,2 the U.S. Department of Justice’s 1 We also note that you did not even alert us that you were releasing your report today. 2 See, e.g., State of New York Offs. of the Inspector Gen., Investigation of the New York State Department of Motor Vehicles Political Subdivision Program at 4 (Mar. -
Office of Solicitor General
THE JOURNAL OF APPELLATE PRACTICE AND PROCESS THE OFFICE OF SOLICITOR GENERAL PREFACE If any legal position warrants the appellation, "the appellate lawyer's lawyer," it is that of Solicitor General. Seth Waxman, himself a former Solicitor General, has pointed out that "the office of the Solicitor General of the United States is a wonderful and unique creation,"' noting that only the holder of that office, among all the officers of the federal government, is required by statute to be "learned in the law." 2 President after president has complied with that instruction: The list of Solicitors General that follows this preface includes the names of some of this country's most distinguished lawyers. There may even be those who think of the Solicitors General as a corps of immortals, for as Waxman discovered, "[s]ome 60 years ago, a letter found its way into the United States mail addressed simply 'The Celestial General, Washington, D.C." 3 The inadequacy of the address notwithstanding, the Post Office "apparently had no trouble discerning to whom it should be delivered. It went to Robert H. 1. Seth P. Waxman, Speech, Presenting the Case of the United States As It Should Be: The Solicitor General in Historical Context (address to the Supreme Court Historical Society, Washington, June 1, 1998) at I (available at <http://www.usdoj.gov/osg/about osg/sgarticle.html>). 2. Id. 3. Id. THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Vol. 3, No. 2 (Fall 2001) THE JOURNAL OF APPELLATE PRACTICE AND PROCESS Jackson, then Solicitor General of the United States." 4 Waxman is quick to point out that neither he nor any of his predecessors had "pretensions of other-worldliness," but he does acknowledge that they "have all been fortunate to have been able to serve in what Thurgood Marshall called 'the best job I've ever had." We in the law can see that it is indeed a special job, for the Solicitor General is the only lawyer who, as Francis Biddle put it, "has no master to serve except his country." 6 The responsibilities of the job are great, but so are the rewards. -
2010 PEC 40 Year Anniversary
CONSERVATION THROUGH COOPERATION PCECoSntatffeanndtOs ffices . 2 PEC Board of Directors . 3 Honorary Hon. Edward G. Rendell Anniversary Governor About The Pennsylvania Committee Commonwealth of Pennsylvania Environmental Council . 5 Hon. Mark Schweiker . Former Governor Building on a Proud Past 7 Commonwealth of Pennsylvania Don Welsh – President, Hon. Tom Ridge Pennsylvania Environmental Council Former Governor At Work Across Commonwealth of Pennsylvania the Commonwealth . 9 Hon. Dick Thornburgh Former Governor Tony Bartolomeo – Chairman of the Board, Commonwealth of Pennsylvania Pennsylvania Environmental Council Hon. John Hanger PEC at 40 . 10 Secretary Pennsylvania Department of Environmental Protection From Humble Beginnings: A look back at the Pennsylvania Hon. Kathleen A. McGinty Environmental Council’s first forty years Former Secretary Pennsylvania Department of Environmental Protection A Commitment to Advocacy . 17 Hon. David E. Hess Former Secretary PEC Leadership Pennsylvania Department of Environmental Protection Through the Years . 18 Hon. James M. Seif Former Secretary 40 Under 40 . 20 Pennsylvania Department of Environmental Protection The Green Generation Has Come of Age! Hon. Arthur A. Davis . Former Secretary 40 Below! 36 Pennsylvania Department of Environmental Resources Meet PEC’s Own Version of the “Under 40” Crowd Hon. Nicholas DeBenedictis Shutterbugs . 49 Former Secretary Pennsylvania Department of Environmental Resources PEC’s Photo Contest Showcases Amateur Hon. Peter S. Duncan Talent…and Spectacular Results! Former Secretary At Dominion, our dedication to a healthy clean up streams and parks, and assist Beyond 40 . 76 Pennsylvania Department of Environmental Resources ecosystem goes well beyond our financial established conservation groups. Environmental investment in science and technology. It also stewardship is something that runs throughout Looking Forward Hon. -
Alumni M~~G: ·
The South~ ~A~...... Alumni M~~g: · VOL. V ~lARCH, 1933 [ o. 1 ,_fHE SOUTHWESTERN ALUMNI MAGAZINE Member of the American Alumni Council Published four times during the college year by the Southwestern Alumni Association. Concerned wholly with the affairs of the College and the alumni. Combined membership in the Southwestern Alumni Association and subscription to the Alumni Magazine, contingent upon annual gift of r.ny size to the Southwestern Alumni Fund. All communications should be addressed to t he Editor, Southwestern Alumni Magazine, So uth western, l'v1emphis, Tennessee. M. L. MAcQUEEN, '19 OLIVE wALKER, '3 0 Editor Assistant Edito1' CLARK PoRTEous, '34 }Ol-IN FARLEY, '36 Athletics R epo1'ter Student R epo1'ter In This Issue Palmer Hall . Cover Thomas Watt Gregory Dies . Getting Acquainted with Our Graduates-by Degrees . 2 Memories of a Freshman of 1899, by J. W. Marshall . After-College Reading, by Samuel Holt Monk . 4 The Alumni Round Table . 6 The Truth About Our Sophomores . 7 By the Post . 8 On the Campus . 10 With the Classes. 12 THE SOUTHWESTERN ALUMNI ASSOCIATION The Southwestern Alumni Association is an organization of alumni, graduates and non-gradu ates, of Southwestern, the object of which is to promote the welfare of Southwes tern and to establish a mutually beneficial relationship between the College and the alumni. The officers of the Associa tion are: R. A. BoLLING, ' 1 0, President, W. V. GARDNER, '2 5, Vice-President, C leveland, Miss. Tuscumbia, Ala. W. L. WILH OITE, '96, Vice-President, SHIELDS MclLWAINE, '24, R ec. Sec'y, 1 545 Vinton Ave., Memphis, Tenn.