Unlocking the Power of Technology for Better Governance by Jeb Bush
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Future War and the War Powers Resolution
Emory International Law Review Volume 29 Issue 3 2015 Future War and the War Powers Resolution Eric Talbot Jensen Follow this and additional works at: https://scholarlycommons.law.emory.edu/eilr Recommended Citation Eric T. Jensen, Future War and the War Powers Resolution, 29 Emory Int'l L. Rev. 499 (2015). Available at: https://scholarlycommons.law.emory.edu/eilr/vol29/iss3/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory International Law Review by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. JENSEN GALLEYSPROOFS2 1/22/2015 11:37 AM FUTURE WAR AND THE WAR POWERS RESOLUTION ∗ Eric Talbot Jensen ABSTRACT Since its passage in 1973 over the veto of then-President Nixon, the War Powers Resolution (WPR) has been laden with controversy. Labeled as everything from ineffective to unconstitutional, the WPR has generally failed in its design to require notification and consultation to Congress by the President. Despite numerous proposals to amend the WPR, it continues to languish in the twilight of Executive war powers, and its future is bleak. With emerging technologies such as drones, cyber tools, nanotechnology, and genomics, the ineffectiveness of the WPR will prove even more profound. The WPR’s reliance on “armed forces” and “hostilities” as triggers for the reporting and consulting requirements of the statute will prove completely inadequate to regulate the use of these advanced technologies. Rather, as the President analyzes the applicability of the WPR to military operations using these advancing technologies, he will determine that the WPR is not triggered and he has no reporting requirements. -
Geopolitics, Oil Law Reform, and Commodity Market Expectations
OKLAHOMA LAW REVIEW VOLUME 63 WINTER 2011 NUMBER 2 GEOPOLITICS, OIL LAW REFORM, AND COMMODITY MARKET EXPECTATIONS ROBERT BEJESKY * Table of Contents I. Introduction .................................... ........... 193 II. Geopolitics and Market Equilibrium . .............. 197 III. Historical U.S. Foreign Policy in the Middle East ................ 202 IV. Enter OPEC ..................................... ......... 210 V. Oil Industry Reform Planning for Iraq . ............... 215 VI. Occupation Announcements and Economics . ........... 228 VII. Iraq’s 2007 Oil and Gas Bill . .............. 237 VIII. Oil Price Surges . ............ 249 IX. Strategic Interests in Afghanistan . ................ 265 X. Conclusion ...................................... ......... 273 I. Introduction The 1973 oil supply shock elevated OPEC to world attention and ensconced it in the general consciousness as a confederacy that is potentially * M.A. Political Science (Michigan), M.A. Applied Economics (Michigan), LL.M. International Law (Georgetown). The author has taught international law courses for Cooley Law School and the Department of Political Science at the University of Michigan, American Government and Constitutional Law courses for Alma College, and business law courses at Central Michigan University and the University of Miami. 193 194 OKLAHOMA LAW REVIEW [Vol. 63:193 antithetical to global energy needs. From 1986 until mid-1999, prices generally fluctuated within a $10 to $20 per barrel band, but alarms sounded when market prices started hovering above $30. 1 In July 2001, Senator Arlen Specter addressed the Senate regarding the need to confront OPEC and urged President Bush to file an International Court of Justice case against the organization, on the basis that perceived antitrust violations were a breach of “general principles of law.” 2 Prices dipped initially, but began a precipitous rise in mid-March 2002. -
Romney Takes on Trump After Super Tuesday, Sanders' Supporters Go
blogs.lse.ac.uk http://blogs.lse.ac.uk/usappblog/2016/03/04/romney-takes-on-trump-after-super-tuesday-sanders-supporters-go-after-warren-and-job- growth-continues-us-national-blog-roundup-for-27-february-4-march/ Romney takes on Trump after Super Tuesday, Sanders’ supporters go after Warren, and job growth continues: US national blog roundup for 27 February – 4 March USAPP Managing Editor, Chris Gilson looks at the best in political blogging from around the Beltway. Jump to The 2016 campaign Super Tuesday The Democratic Candidates The Republican Candidates The 11th GOP debate The Obama Administration The Beltway and the Supreme Court Foreign policy, defense and trade Obamacare and health policy The economy and society The 2016 Campaign Welcome back to USAPP’s regular round up of commentary from US political blogs from the past week. The big news this week was Donald Trump and Hillary Clinton’s Super Tuesday victories, bringing them one step closer to the respective Republican and Democratic presidential nominations. We’ll get in to more detail on the Super Tuesday results in a minute, but first, we take a look at commentary on the campaign in general. On Monday – ahead of Super Tuesday – FiveThirtyEight says that if we want to understand what’s ‘roiling’ the 2016 election, then we should pay Oklahoma a visit, given the populist enthusiasm of many of its voters. Credit: DonkeyHotey (Flickr, CC-BY-SA-2.0) For many, a Trump/Clinton showdown for the general election now seems to be inevitable. Political Animal gives some early thoughts on how such a race might run, writing that Clinton will be more than happy to go after Trump hard, unlike his GOP primary challengers. -
Governor Decision-Making: Expansion of Medicaid Under the Affordable Care Act
Governor Decision-making: Expansion of Medicaid under the Affordable Care Act By Robin Flagg A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Health Services and Policy Analysis in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Ann C. Keller, Chair Professor William H. Dow Professor John Ellwood Professor Paul Pierson Fall 2014 Governor Decision-making: Expansion of Medicaid under the Affordable Care Act Copyright 2014 By Robin Flagg Abstract Governor Decision-making: Expansion of Medicaid under the Affordable Care Act By Robin Flagg Doctor of Philosophy in Health Services and Policy Analysis University of California, Berkeley Professor Ann C. Keller, Chair This is a study of factors that influence gubernatorial decision making. In particular, I ask why some governors decided to expand Medicaid under the Accountable Care Act (ACA) while others opted against it. Governors, like all chief executives, are subject to cross-pressures that make their jobs challenging. Budgetary pressures may differ from personal ideology and administrative infrastructures may not allow for decisive moves. Add to the equation political pressures – in particular the pressure to align with partisan positions – and a governor is faced with a myriad of opposing and interrelated factors, each requiring attention, when taking a particular position. The calculation required of a governor when deciding upon a salient issue is thus extremely complicated and nuanced. Although interesting in its own right, governor decision making is of additional significance because it may shed light on how the effects of increasing party strength and polarization are playing out at the state level. -
The Case of Donald J. Trump†
THE AGE OF THE WINNING EXECUTIVE: THE CASE OF DONALD J. TRUMP† Saikrishna Bangalore Prakash∗ INTRODUCTION The election of Donald J. Trump, although foretold by Matt Groening’s The Simpsons,1 was a surprise to many.2 But the shock, disbelief, and horror were especially acute for the intelligentsia. They were told, guaranteed really, that there was no way for Trump to win. Yet he prevailed, pulling off what poker aficionados might call a back- door draw in the Electoral College. Since his victory, the reverberations, commotions, and uproars have never ended. Some of these were Trump’s own doing and some were hyped-up controversies. We have endured so many bombshells and pur- ported bombshells that most of us are numb. As one crisis or scandal sputters to a pathetic end, the next has already commenced. There has been too much fear, rage, fire, and fury, rendering it impossible for many to make sense of it all. Some Americans sensibly tuned out, missing the breathless nightly reports of how the latest scandal would doom Trump or why his tormentors would soon get their comeuppance. Nonetheless, our reality TV President is ratings gold for our political talk shows. In his Foreword, Professor Michael Klarman, one of America’s fore- most legal historians, speaks of a degrading democracy.3 Many difficulties plague our nation: racial and class divisions, a spiraling debt, runaway entitlements, forever wars, and, of course, the coronavirus. Like many others, I do not regard our democracy as especially debased.4 Or put an- other way, we have long had less than a thoroughgoing democracy, in part ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– † Responding to Michael J. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION Vol. 157 WASHINGTON, WEDNESDAY, JULY 27, 2011 No. 114 House of Representatives The House met at 10 a.m. and was other fees that pay for the aviation weather. We need that system. Well, if called to order by the Speaker pro tem- system. It is partially funded by the this impasse continues, we will not pore (Mr. MARCHANT). users of that system with ticket taxes have that system by next winter. f and such. That is $200 million a week. Now, who is that helping? Who are Now, what’s happened since? Well, you guys helping over there with these DESIGNATION OF SPEAKER PRO three airlines, three honest airlines— stupid stunts you’re pulling here? $200 TEMPORE Frontier Airlines, Alaska, and Virgin million a week that the government The SPEAKER pro tempore laid be- America—lowered ticket prices be- isn’t collecting that would pay for fore the House the following commu- cause the government isn’t collecting these critical projects, put tens of nication from the Speaker: the taxes. But the other airlines, not so thousands of people to work, and now WASHINGTON, DC, much. They actually raised their tick- it’s a windfall to a bunch of airlines. July 27, 2011. et prices to match the taxes, and But don’t worry, the Air Transport I hereby appoint the Honorable KENNY they’re collecting the windfall. Association says, these short-term in- MARCHANT to act as Speaker pro tempore on At the same time, their association, creases, that is by the airlines increas- this day. -
Election 2016: Looking Ahead to a Trump Administration
Election 2016: Looking Ahead to a Trump Administration November 17, 2016 2016 Election Results • Trump carried swing states (FL, IA, OH) as well as states that have traditionally voted blue in presidential races (PA, WI) • Michigan has 16 electoral votes, which will most likely go to Trump for 306 total • Popular Vote (as of 11/16/16): Clinton 47.6% / Trump 46.7%* *Source: USElectionAtlas.org Source: New York Times 2 “A Country Divided by Counties” • County results show Trump’s decisive gains were in rural areas in the rust belt/greater Appalachia 3 2016 Senate Results • Republican-Majority Senate • 48 Democrats / 51 Republicans • 1 seat yet to be called • Pence can vote on ties • Democrats gained 2 seats Source: New York Times, updated Nov. 14, 2016 4 2018 Senate Map • 33 Senate seats are up • 25 Democratically-held seats are up • Competitive seats: • North Dakota (Heidi Heitkamp) • Ohio (Sherrod Brown) • Wisconsin (Tammy Baldwin) • Indiana (Joe Donnelly) • Florida (Bill Nelson) • Missouri (Claire McCaskill) • Montana (Jon Tester) • New Jersey (Bob Menendez) • West Virginia (Joe Manchin) • Filibuster? Nuclear Option? 5 2016 House Results • Republican-Majority House • The Republican Party currently controls the House, with 246 seats, 28 more than the 218 needed for control • Final Results pending (4 seats yet to be called) • Democrats pick up ~7-8 seats Source: New York Times, updated Nov. 14, 2016 6 Trump’s Likely Cabinet Choices • White House Chief of Staff: Reince Priebus, the Chairman of the Republican National Committee • Strategic -
Pets Are Popular with U.S. Presidents
Pets Are Popular With U.S. Presidents Most people have heard by now that President-elect Barack Obama promised his two daughters a puppy if he were elected president. Obama called choosing a dog a “major issue” for the new first family. It seems that pets have always been very popular with U.S. presidents. Only two of the 44 presidents -- Chester A. Arthur and Franklin Pierce -- left no record of having pets. Many presidents and their children had dogs and cats in the White House. President and Mrs. Bush have two dogs and a cat living with them -- the dogs are named Barney and Miss Beazley and the cat is India. But there have been many unusual presidential pets as well. President Calvin Coolidge may have had the most pets. NEWS WORD BOX He had a pygmy hippopotamus, six dogs, a bobcat, a goose, a donkey, a cat, two lion cubs, an antelope, and popular issue record wallaby a wallaby. President Herbert Hoover had several dogs pygmy hippopotamus and his son had two pet alligators, which sometimes took walks outside the White House. Caroline Kennedy, the daughter of President John F. Kennedy, had a pony named Macaroni. She would ride Macaroni around the White House grounds. Some pets also worked while at the White House. Pauline the cow was the last cow to live at the White House. She provided milk for President William Taft. To save money during World War I, President Woodrow Wilson brought in a flock of sheep to trim the White House lawn. The flock included a ram named Old Ike. -
July 22, 2009 the Honorable Jan
July 22, 2009 The Honorable Jan Brewer Governor of Arizona The Executive Tower 1700 West Washington Phoenix, Arizona 85007 Re: Request to Amend the Call for Special Session to Address Issues Resulting from SB 1271's Passage Dear Governor Brewer: On behalf of the 43,000 plus members of the Arizona Association of REALTORS®, I appreciate the opportunity to present you with this letter and the accompanying information regarding the above-cited legislation. SB 1271 dramatically alters well settled Arizona law on the relationship between Arizona residential real estate owners and their lenders. The bill has far reaching effects, well beyond those testified to in committee. None of those effects are positive or helpful to restart the Arizona economy. Unfortunately, we did not fully recognize the impacts of the legislation when it was heard as a strike everything amendment on June 10 in the Senate Finance Committee. In reading the amendment and listening to testimony, the changes to AR.S. §33-814(G) seemed reasonable at the time. However, after researching the case law and reading the many hundreds of emails sent to us by people who will be personally impacted by SB 1271, the case law is clear and the consequences will be severe. Undoubtedly, those who voted in favor of this legislation could not have known about its far reaching legal and practical impacts. We respectfully request that you amend your Call for Special Session to permit the Arizona Legislature to reconsider these all1CncilTICnts to our laws. Lenders on Arizona residential real estate are entitled to foreclose on a home in a very short amount of time - 90 days from default. -
The Case Study of Crossfire Hurricane
TIMELINE: Congressional Oversight in the Face of Executive Branch and Media Suppression: The Case Study of Crossfire Hurricane 2009 FBI opens a counterintelligence investigation of the individual who would become Christopher Steele’s primary sub-source because of his ties to Russian intelligence officers.1 June 2009: FBI New York Field Office (NYFO) interviews Carter Page, who “immediately advised [them] that due to his work and overseas experiences, he has been questioned by and provides information to representatives of [another U.S. government agency] on an ongoing basis.”2 2011 February 2011: CBS News investigative journalist Sharyl Attkisson begins reporting on “Operation Fast and Furious.” Later in the year, Attkisson notices “anomalies” with several of her work and personal electronic devices that persist into 2012.3 2012 September 11, 2012: Attack on U.S. installations in Benghazi, Libya.4 2013 March 2013: The existence of former Secretary of State Hillary Clinton’s private email server becomes publicly known.5 May 2013: o News reports reveal Obama’s Justice Department investigating leaks of classified information and targeting reporters, including secretly seizing “two months of phone records for reporters and editors of The Associated Press,”6 labeling Fox News reporter James Rosen as a “co-conspirator,” and obtaining a search warrant for Rosen’s personal emails.7 May 10, 2013: Reports reveal that the Internal Revenue Service (IRS) targeted and unfairly scrutinized conservative organizations seeking tax-exempt status.8 -
After the Meltdown
Tulsa Law Review Volume 45 Issue 3 Regulation and Recession: Causes, Effects, and Solutions for Financial Crises Spring 2010 After the Meltdown Daniel J. Morrissey Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Daniel J. Morrissey, After the Meltdown, 45 Tulsa L. Rev. 393 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol45/iss3/2 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Morrissey: After the Meltdown AFTER THE MELTDOWN Daniel J. Morrissey* We will not go back to the days of reckless behavior and unchecked excess that was at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses. -President Barack Obamal The window of opportunityfor reform will not be open for long .... -Princeton Economist Hyun Song Shin 2 I. INTRODUCTION: THE MELTDOWN A. How it Happened One year after the financial markets collapsed, President Obama served notice on Wall Street that society would no longer tolerate the corrupt business practices that had almost destroyed the world's economy. 3 In "an era of rapacious capitalists and heedless self-indulgence," 4 an "ingenious elite" 5 set up a credit regime based on improvident * A.B., J.D., Georgetown University; Professor and Former Dean, Gonzaga University School of Law. This article is dedicated to Professor Tom Holland, a committed legal educator and a great friend to the author. -
George W. Bush Presidential Records in Response to the Freedom of Information Act (FOIA) Requests Listed in Attachment A
VIA EMAIL (LM 2016-037) April 15, 2016 The Honorable W. Neil Eggleston Counsel to the President The White House Washington, D.C. 20502 Dear Mr. Eggleston: In accordance with the requirements of the Presidential Records Act (PRA), as amended, 44 U.S.C. §§2201-2209, this letter constitutes a formal notice from the National Archives and Records Administration (NARA) to the incumbent President of our intent to open George W. Bush Presidential records in response to the Freedom of Information Act (FOIA) requests listed in Attachment A. This material, consisting of 8,072 pages, 3,159 assets, and 1 video clip, has been reviewed for the six PRA Presidential restrictive categories, including confidential communications requesting or submitting advice (P5) and material related to appointments to federal office (P2), as they were eased by President George W. Bush on November 15, 2010. These records were also reviewed for all applicable FOIA exemptions. As a result of this review, 4,086 pages and 1,470 assets in whole and 582 pages and 186 assets in part have been restricted. Therefore, NARA is proposing to open the remaining 3,404 pages, 1,503 assets, and 1 video clip in whole and 582 pages and 186 assets in part that do not require closure under 44 U.S.C. § 2204. A copy of any records proposed for release under this notice will be provided to you upon your request. We are also concurrently informing former President George W. Bush’s representative, Tobi Young, of our intent to release these records. Pursuant to 44 U.S.C.