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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. -
Policybrief Nov. #9 V2
November 2005 No. 9 SUMMARY For over twenty years now,Americans have understood that we are not going to get control An Idea Whose of illegal immigration unless and until we find a way to regulate US employers and their use of immigrant labor. The public understands this Time Has Finally and has continually called for workplace enforcement. Both independent commissions Come? The Case convened during this period to make recom- mendations on immigration policy – one led by for Employment Rev.Theodore Hesburgh, the other by former congresswoman Barbara Jordan – strongly Verification echoed the demand. And employer sanctions were at the heart of the landmark immigration Tamar Jacoby legislation, the Immigration Reform and Control Act, passed in 1986. But, despite this awareness Senior Fellow, Manhattan Institute and effort, we have yet to gain control of unau- thorized immigrant employment. For over twenty years now, Americans have understood that we are not going to get control of illegal immigration unless The reason: although IRCA made it a crime to and until we find a way to regulate US employers and their hire unauthorized immigrants, it failed to give use of immigrant labor. This understanding began to dawn on employers the tools they need to determine who policymakers as early as the mid-1970s, even as the first is authorized to work and who isn’t – a reliable, automated employment verification system. waves of the current illegal influx reached our shores. Former What’s needed: a process not unlike credit-card Senator Alan Simpson -
Jean V. Nelson
711 F.2d 1455 (1983) Marie Lucie JEAN, et al., Plaintiffs, Lucien Louis, et al., Plaintiffs-Appellees, Cross-Appellants, State of Florida, Intervenor-Appellant, v. Alan C. NELSON, et al., Defendants-Appellants, Cross-Appellees. No. 82-5772. United States Court of Appeals, Eleventh Circuit. April 12, 1983. 1456145714581459146014611462 *1456 *1457 *1458 *1459 *1460 *1461 *1462 Stanley Marcus, U.S. Atty., Miami, Fla., Leon B. Kellner, Asst. U.S. Atty., Robert L. Bombaugh, Atty. Gen., U.S. Dept. of Justice, Rudolph W. Giuliani, Associate Atty. Gen., Washington, D.C., for defendants-appellants, cross-appellees. Kurzban & Kurzban, Ira J. Kurzban, Nat'l Emerg. Civ. Lib. Foundation and Haitian Refugee Center, Inc., Miami, Fla., Mary Gilmore and Terrence A. Corrigan, New York City, Michael J. Rosen, Miami, Fla., Christopher Keith Hall, New York City, for plaintiffs-appellees, cross-appellants. Vera Weisz, Haitian Refugee Center, Inc., Miami, Fla., Bruce J. Winick, ACLU Foundation of Fla., Inc., Coral Gables, Fla., Irwin P. Stotzky, Univ. of Miami, School of Law, Coral Gables, Fla., for Haitian Refugee Center. Kendrick Tucker, Deputy Atty. Gen., Tallahassee, Fla., for intervenor-appellant State of Fla. Before KRAVITCH, HATCHETT and CLARK, Circuit Judges. KRAVITCH, Circuit Judge: This suit is before us on appeal from an order releasing over one thousand Haitian immigrants held in detention by the United States Government. The government detained the Haitians as part of a stringent immigration program that followed on the heels of the massive Cuban migration during the Mariel boatlift of 1980. Pursuant to the new policy Haitians were detained in camps or prisons pending a final determination of their right to remain in this country, a process that took months, or in some cases over a year. -
2021 Leg Agenda February 12
LEGISLATIVE COMMITTEE MEETING Committee Members Mayor Pro Tem Michael A. Cacciotti, Chair Council Member Joe Buscaino, Vice Chair Dr. William A. Burke Senator Vanessa Delgado (Ret.) Supervisor V. Manuel Perez Supervisor Janice Rutherford February 12, 2021 9:00 a.m. Pursuant to Governor Newsom’s Executive Orders N-25-20 (March 12, 2020) and N-29-20 (March 17, 2020), the South Coast AQMD Legislative Committee meeting will only be conducted via video conferencing and by telephone. Please follow the instructions below to join the meeting remotely. INSTRUCTIONS FOR ELECTRONIC PARTICIPATION AT BOTTOM OF AGENDA Join Zoom Webinar Meeting - from PC or Laptop https://scaqmd.zoom.us/j/99574050701 Zoom Webinar ID: 995 7405 0701 (applies to all) Teleconference Dial In +1 669 900 6833 One tap mobile +16699006833,, 99574050701# Audience will be able to provide public comment through telephone or Zoom connection during public comment periods. PUBLIC COMMENT WILL STILL BE TAKEN AGENDA Members of the public may address this body concerning any agenda item before or during consideration of that item (Gov't. Code Section 54954.3(a)). If you wish to speak, raise your hand on Zoom or press Star 9 if participating by telephone. All agendas for regular meetings are posted at South Coast AQMD Headquarters, 21865 Copley Drive, Diamond Bar, California, at least 72 hours in advance of the regular meeting. Speakers may be limited to three (3) minutes each. South Coast AQMD -2- February 12, 2021 Legislative Committee CALL TO ORDER - Roll Call DISCUSSION ITEMS (Items 1 through 2): 1. Update and Discussion on Federal Legislative Issues Gary Hoitsma (No Motion Required) Carmen Group Consultants will provide a brief oral report of Federal legislative pgs 5-12 activities in Washington DC. -
Amended Complaint
Case 3:21-cv-00065 Document 71 Filed on 06/01/21 in TXSD Page 1 of 59 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION STATE OF TEXAS; STATE OF MONTANA; STATE OF ALABAMA; STATE OF ALASKA; STATE OF ARIZONA; STATE OF ARKANSAS; STATE OF FLORIDA; STATE OF GEORGIA; STATE OF KANSAS; COMMONWEATH OF KENTUCKY; STATE OF INDIANA; STATE OF LOUISIANA; STATE OF Civ. Action No. 3:21-cv-00065 MISSISSIPPI; STATE OF MISSOURI; STATE OF NEBRASKA; STATE OF NORTH DAKOTA; STATE OF OHIO; STATE OF OKLAHOMA; STATE OF SOUTH CAROLINA; STATE OF SOUTH DAKOTA; STATE OF UTAH; STATE OF WEST VIRGINIA; and STATE OF WYOMING, Plaintiffs, v. JOSEPH R. BIDEN, JR., in his official capacity as President of the United States; ANTONY J. BLINKEN, in his official capacity as Secretary of the Department of State; MERRICK B. GARLAND, in his official capacity as Attorney General of the United States; Case 3:21-cv-00065 Document 71 Filed on 06/01/21 in TXSD Page 2 of 59 ALEJANDRO MAYORKAS, in his official capacity as Secretary of the Department of Homeland Security; DEB HAALAND, in her official capacity as Secretary of the Interior; JENNIFER GRANHOLM, in her official capacity as Secretary of the Department of Energy; MICHAEL S. REGAN, in his official capacity as Administrator of the Environmental Protection Agency; THOMAS J. VILSACK, in his official capacity as the Secretary of Agriculture; PETE BUTTIGIEG, in his official capacity as Secretary of Transportation; SCOTT A. SPELLMON, in his official capacity as Commanding General of the U.S. -
In the Supreme Court of the United States
No. 17-965 In the S upreme Court of the United States DONALD J. TRUMP , PRESIDENT OF THE UNITED STATES , ET AL ., petitioners v. STATE OF HAWAII , ET AL ., respondents On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF OF AMICI CURIAE EVAN MCMULLIN, ANNE APPLEBAUM, MAX BOOT, LINDA CHAVEZ, ELIOT COHEN, MINDY FINN, JULEANNA GLOVER, NORMAN ORNSTEIN, MICHAEL STEELE, CHARLIE SYKES, AND JERRY TAYLOR IN SUPPORT OF RESPONDENTS R. REEVES ANDERSON JOHN B. BELLINGER , III ARNOLD & PORTER Counsel of Record KAYE SCHOLER LLP ELLIOTT C. MOGUL 370 Seventeenth St. KAITLIN KONKEL Suite 4400 ARNOLD & PORTER Denver, CO 80202 KAYE SCHOLER LLP (303) 863-1000 601 Mass. Ave., NW Washington, DC 20001 (202) 942-5000 [email protected] Counsel for Amici Curiae TABLE OF CONTENTS Page Interest of Amici Curiae .............................................. 1 Introduction and Summary of Argument ................... 2 Argument ..................................................................... 4 I. EO-3 contravenes the prohibition on nationality-based discrimination that Congress, with support from almost all Republicans, adopted in 1965 ................................ 5 A. Congress intended to eliminate “all vestiges of discrimination against any national group” from our immigration system ............................................................... 6 1. Members of both parties, and Republicans in particular, strenuously repudiated the discriminatory policies that predated the 1965 Act ......................... 7 2. The 1965 Act rectified missteps in U.S. immigration policy ............................ 12 3. The principles underlying the 1965 Act are now fundamental to our national identity ........................................ 16 B. EO-3 runs afoul of Congress’s nondiscrimination guarantee ......................... 18 II. The President may not substitute his alternative policy judgments for Congress’s comprehensive statutory immigration scheme .. -
Aligning Temporary Immigration Visas with US Labor Market Needs: the Case for a New System of Provisional Visas
Aligning Temporary Immigration Visas with US Labor Market Needs: The Case for a New System of Provisional Visas By Demetrios G. Papademetriou, Doris Meissner, Marc R. Rosenblum, and Madeleine Sumption Migration Policy Institute July 2009 Acknowledgments The authors wish to express their appreciation to Michael Fix, Senior Vice President and Director of Studies at the Migration Policy Institute for his review of the report and insightful comments. The authors also wish to thank MPI Interns Nhu-Y Ngo and Raymond Tolentino for their work on this report. We are especially grateful for the support of several funders for the work of MPI’s US Immigration Policy Program and Labor Markets Initiative. In particular we wish to acknowledge the Open Society Institute and the Evelyn and Walter Haas, Jr. Fund. We also thank the Ford Foundation, whose general operating support has been essential to this project and so many others at MPI. © 2009 Migration Policy Institute. All Rights Reserved. No part of this publication may be reproduced or transmitted in any form by any means, electronic or mechanical, including photocopy, or any information storage and retrieval system, without permission from the Migration Policy Institute. A full-text PDF of this document is available for free download from www.migrationpolicy.org. Permission for reproducing excerpts from this report should be directed to: Permissions Department, Migration Policy Institute, 1400 16th Street, NW, Suite 300, Washington, DC 20036, or by contacting [email protected]. Suggested citation: Papademetriou, Demetrios G., Doris Meissner, Marc R. Rosenblum, and Madeleine Sumption. 2009. Aligning Temporary Immigration Visas with US Labor Market Needs: The Case for a New System of Provisional Visas. -
Mexican American History Resources at the Briscoe Center for American History: a Bibliography
Mexican American History Resources at the Briscoe Center for American History: A Bibliography The Briscoe Center for American History at the University of Texas at Austin offers a wide variety of material for the study of Mexican American life, history, and culture in Texas. As with all ethnic groups, the study of Mexican Americans in Texas can be approached from many perspectives through the use of books, photographs, music, dissertations and theses, newspapers, the personal papers of individuals, and business and governmental records. This bibliography will familiarize researchers with many of the resources relating to Mexican Americans in Texas available at the Center for American History. For complete coverage in this area, the researcher should also consult the holdings of the Benson Latin American Collection, adjacent to the Center for American History. Compiled by John Wheat, 2001 Updated: 2010 2 Contents: General Works: p. 3 Spanish and Mexican Eras: p. 11 Republic and State of Texas (19th century): p. 32 Texas since 1900: p. 38 Biography / Autobiography: p. 47 Community and Regional History: p. 56 The Border: p. 71 Education: p. 83 Business, Professions, and Labor: p. 91 Politics, Suffrage, and Civil Rights: p. 112 Race Relations and Cultural Identity: p. 124 Immigration and Illegal Aliens: p. 133 Women’s History: p. 138 Folklore and Religion: p. 148 Juvenile Literature: p. 160 Music, Art, and Literature: p. 162 Language: p. 176 Spanish-language Newspapers: p. 180 Archives and Manuscripts: p. 182 Music and Sound Archives: p. 188 Photographic Archives: p. 190 Prints and Photographs Collection (PPC): p. 190 Indexes: p. -
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. -
From Poverty to Prosperity a National Strategy to Cut Poverty in Half
From Poverty to Prosperity A National Strategy to Cut Poverty in Half Report and Recommendations of the Center for American Progress Task Force on Poverty April 2007 Contents/April 2007 1 EXECUTIVE SUMMARY 7 INTRODUCTION 16 THE cAse FOR A nATIONAL GOAL 18 OUR STRATEGY: WORK, oPPORTUNITY, SECURITY, AND WEALTH 26 HOW TO cUT pOVERTY IN hALF 26 1. Raise and Index the Minimum Wage to Half the Average Hourly Wage 27 2. Expand the Earned Income Tax Credit and Child Tax Credit 30 3. Promote Unionization by Enacting the Employee Free Choice Act 31 4. Guarantee Child Care Assistance to Low-Income Families, and Promote Early Education 33 5. Create Two Million New “Opportunity” Housing Vouchers, and Promote Equitable Development in and Around Central Cities 37 6. Connect Disadvantaged and Disconnected Youth with School and Work 40 7. Simplify and Expand Pell Grants and Make Higher Education Accessible for Residents of Each State 44 8. Help Former Prisoners Find Stable Employment and Reintegrate into Their Communities 47 9. Ensure Equity for Low-Wage Workers in the Unemployment Insurance System 49 10. Modernize Means-Tested Benefits Programs to Develop a Coordinated System that Helps Workers and Families 53 11. Reduce the High Costs of Being Poor and Increase Access to Financial Services 56 12. Expand and Simplify the Saver’s Credit to Encourage Saving for Education, Homeownership, and Retirement 59 IMPACTS, cOSTS, AND nEXT STEPS FOR THE nATION POVERTY TASK FORCE MEMBERS Angela Glover Blackwell, Founder and CEO, PolicyLink (co-chair) Peter B. Edelman, Professor of Law, Georgetown University (co-chair) Rebecca Blank, Dean, Gerald R. -
The Role of Prosecutorial Discretion in Immigration Law Shoba S
Penn State Law eLibrary Journal Articles Faculty Works 2010 The Role of Prosecutorial Discretion in Immigration Law Shoba S. Wadhia Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Immigration Law Commons Recommended Citation Shoba S. Wadhia, The Role of Prosecutorial Discretion in Immigration Law, 9 Conn. Pub. L. J. 243 (2010). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. The Role of Prosecutorial Discretion in Immigration Law SHOBA SIVAPRASAD WADHIAt I. INTRODUCTION The year was 2002. Joy sat motionless at the corner of my desk; a glass vase of flowers wrapped in thick plastic and tagged with a card from two brothers whose journey spanned from South Asia to the United States. Imprinted in the brothers' file was an impressive list of accolades that overshadowed a history of transgressions with a credit card. "My" two brothers were resilient and over many years built many things-a business, families, and friendships along the East coast. They won the praise of a local Congresswoman and made me smile often. Their case was not a "win" in the sense of gaining a formal immigration status like a green card or work visa. Instead, the case was a success because an immigration officer told them (and me) that limbo in the United States was preferable to deportation to a land where they would feel like strangers.