Understanding the Cycles of Constitutional Time
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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. -
The Impact of the New Right on the Reagan Administration
LONDON SCHOOL OF ECONOMICS UNIVERSITY OF LONDON THE IMPACT OF THE NEW RIGHT ON THE REAGAN ADMINISTRATION: KIRKPATRICK & UNESCO AS. A TEST CASE BY Isaac Izy Kfir LONDON 1998 UMI Number: U148638 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U148638 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 2 ABSTRACT The aim of this research is to investigate whether the Reagan administration was influenced by ‘New Right’ ideas. Foreign policy issues were chosen as test cases because the presidency has more power in this area which is why it could promote an aggressive stance toward the United Nations and encourage withdrawal from UNESCO with little impunity. Chapter 1 deals with American society after 1945. It shows how the ground was set for the rise of Reagan and the New Right as America moved from a strong affinity with New Deal liberalism to a new form of conservatism, which the New Right and Reagan epitomised. Chapter 2 analyses the New Right as a coalition of three distinctive groups: anti-liberals, New Christian Right, and neoconservatives. -
Jonathan Capehart
Jonathan Capehart Award-winning journalist Jonathan Capehart is anchor of The Sunday Show with Jonathan Capehart on MSNBC and also an opinion writer and member of the editorial board of The Washington Post, where he hosts the podcast, Cape Up. In 1999, he was on the editorial board at the New York Daily News that won a Pulitzer Prize for the paper’s series of editorials that helped save Harlem’s Apollo Theater. He was also named an Esteem Honoree in 2011. In 2014, The Advocate magazine ranked him nineth out of fifty of the most influential LGBT people in media. In December 2014, Mediaite named him one of the “Top Nine Rising Stars of Cable News.” Equality Forum made him a 2018 LGBT History Month Icon in October. In May 2018, the publisher of the Washington Post awarded him an “Outstanding Contribution Award” for his opinion writing and “Cape Up” podcast interviews. Mr. Capehart first worked as assistant to the president of the WNYC Foundation. He then became a researcher for NBC's The Today Show. From 1993 to 2000, he served as a member of the New York Daily News’ editorial board. Mr. Capehart then went on to work as a national affairs columnist for Bloomberg News from 2000 to 2001, and later served as a policy advisor for Michael Bloomberg in his successful 2001 campaign for Mayor of New York City. In 2002, he returned to the New York Daily News, where he worked as deputy editorial page editor until 2004, when he was hired as senior vice president and senior counselor of public affairs for Hill & Knowlton. -
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. -
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 -
The Cycles of Constitutional Theory
09_FRIEDMAN_FINALFMT.DOC 11/16/2004 1:44 PM THE CYCLES OF CONSTITUTIONAL THEORY BARRY FRIEDMAN* I INTRODUCTION Constitutional scholarship—of which constitutional theory is one branch1— is inevitably a reaction to what is occurring today in constitutional law. The primary focus is upon the Supreme Court, but even with regard to the Constitu- tion as it operates outside the courts, a good portion of the scholarship tends to focus on what is of immediate political interest. It would be surprising if things were any different. Historical perspective, however, suggests some difficulty for the inevitably present-driven endeavor of constitutional theory. Seen through the lens of his- tory, it is apparent that arguments about the Constitution have a way of coming around again. When they do, they carry the potential to embarrass their origi- nal sponsors. Today’s arguments may not be so appealing under very different circumstances. But do changing circumstances necessarily justify changing con- stitutional theory? Is it even possible to adopt theoretical views about constitu- tional meaning and interpretation that will endure over time? These problems are acute when it comes to the mainstay of constitutional theory, scholarship about judicial review. Theorizing about judicial review nec- essarily occurs in response to Supreme Court decisions. Those decisions them- selves are a function of the composition of the bench, the issues that come be- fore the Court, and the Court’s position vis-à-vis the other branches of government. When the ideological valence of Supreme Court decisions shifts, constitu- tional theorizing about judicial review tends to shift as well.2 Over the last cen- Copyright © 2004 by Barry Friedman This Article is also available at http://www.law.duke.edu/journals/lcp. -
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. -
Conservative Movement
Conservative Movement How did the conservative movement, routed in Barry Goldwater's catastrophic defeat to Lyndon Johnson in the 1964 presidential campaign, return to elect its champion Ronald Reagan just 16 years later? What at first looks like the political comeback of the century becomes, on closer examination, the product of a particular political moment that united an unstable coalition. In the liberal press, conservatives are often portrayed as a monolithic Right Wing. Close up, conservatives are as varied as their counterparts on the Left. Indeed, the circumstances of the late 1980s -- the demise of the Soviet Union, Reagan's legacy, the George H. W. Bush administration -- frayed the coalition of traditional conservatives, libertarian advocates of laissez-faire economics, and Cold War anti- communists first knitted together in the 1950s by William F. Buckley Jr. and the staff of the National Review. The Reagan coalition added to the conservative mix two rather incongruous groups: the religious right, primarily provincial white Protestant fundamentalists and evangelicals from the Sunbelt (defecting from the Democrats since the George Wallace's 1968 presidential campaign); and the neoconservatives, centered in New York and led predominantly by cosmopolitan, secular Jewish intellectuals. Goldwater's campaign in 1964 brought conservatives together for their first national electoral effort since Taft lost the Republican nomination to Eisenhower in 1952. Conservatives shared a distaste for Eisenhower's "modern Republicanism" that largely accepted the welfare state developed by Roosevelt's New Deal and Truman's Fair Deal. Undeterred by Goldwater's defeat, conservative activists regrouped and began developing institutions for the long haul. -
The Daily Gamecock, Tuesday, September 15, 2015
University of South Carolina Scholar Commons September 2015 Fall 9-15-2015 The aiD ly Gamecock, Tuesday, September 15, 2015 The niU versity of South Carolina, Office oftude S nt Media Follow this and additional works at: https://scholarcommons.sc.edu/gamecock_2015_sep Recommended Citation The nivU ersity of South Carolina, Office of Student Media, "The aiD ly Gamecock, Tuesday, September 15, 2015" (2015). September. 6. https://scholarcommons.sc.edu/gamecock_2015_sep/6 This Newspaper is brought to you by the 2015 at Scholar Commons. It has been accepted for inclusion in September by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. NEWS 1 UNIVERSITY OF SOUTH CAROLINA TUESDAY, SEPTEMBER 15, 2015 VOL. 106, NO. 14 ● SINCE 1908 Rucker, Bryan to perform at journalism school dedication Ben Crawford @BENLCRAWFORD Darius Rucker and Mark Bryan, former members of the hit band Hootie & the Blowfi sh, will play a “brief performance” at the School of Journalism and Mass Communications’ New Building Dedication ceremony on Wednesday at 6 p.m., according to College of Information and Communications Dean Charles Bierbauer. It will take place at the foot of Ben Crawford / THE DAILY GAMECOCK the Horseshoe, near Sumter St. Fraternity Council President Tim Bryson addressed chapter presidents in a meeting on Monday evening. “We kept it under wraps as long as we could, to avoid 20,000 people converging. We really don’t want that,” Bierbauer said. Journalism and information technology students who wish to attend the event must fi rst receive a Fraternity Council VP wristband Wednesday at 8:30 a.m. -
Programming Notes - First Read
Programming notes - First Read Hotmail More TODAY Nightly News Rock Center Meet the Press Dateline msnbc Breaking News EveryBlock Newsvine Account ▾ Home US World Politics Business Sports Entertainment Health Tech & science Travel Local Weather Advertise | AdChoices Recommended: Recommended: Recommended: 3 Recommended: First Thoughts: My, VIDEO: The Week remaining First Thoughts: How New iPads are Selling my, Myanmar That Was: Gifts, undecided House Rebuilding time for Under $40 fiscal cliff, and races verbal fisticuffs How Cruise Lines Fill All Those Unsold Cruise Cabins What Happens When You Take a Testosterone The first place for news and analysis from the NBC News Political Unit. Follow us on Supplement Twitter. ↓ About this blog ↓ Archives E-mail updates Follow on Twitter Subscribe to RSS Like 34k 1 comment Recommend 3 0 older3 Programming notes newer days ago *** Friday's "The Daily Rundown" line-up with guest host Luke Russert: NBC's Kelly O'Donnell on Petraeus' testimony… NBC's Ayman Mohyeldin live in Gaza… one of us (!!!) with more on the Republican reaction to Romney… NBC's Mike Viqueira on today's White House meeting on the fiscal cliff and The Economist's Greg Ip and National Journal's Jim Tankersley on the "what ifs" surrounding the cliff… New NRCC Chairman Rep. Greg Walden (R-OR) on the House GOP's road forward… Democratic strategist Doug Thornell, Roll Call's David Drucker and the New York Times' Jackie Calmes on how the next round of negotiations could be different (or all too similar) to the last time. Advertise | AdChoices *** Friday’s “Jansing & How to Improve Memory E-Cigarettes Exposed: Stony Brook Co.” line-up: MSNBC’s Chris with Scientifically Designed The E-Cigarette craze is sweeping the country. -
Political Journalists Tweet About the Final 2016 Presidential Debate Hannah Hopper East Tennessee State University
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 5-2018 Political Journalists Tweet About the Final 2016 Presidential Debate Hannah Hopper East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the American Politics Commons, Communication Technology and New Media Commons, Gender, Race, Sexuality, and Ethnicity in Communication Commons, Journalism Studies Commons, Political Theory Commons, Social Influence and Political Communication Commons, and the Social Media Commons Recommended Citation Hopper, Hannah, "Political Journalists Tweet About the Final 2016 Presidential Debate" (2018). Electronic Theses and Dissertations. Paper 3402. https://dc.etsu.edu/etd/3402 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. Political Journalists Tweet About the Final 2016 Presidential Debate _____________________ A thesis presented to the faculty of the Department of Media and Communication East Tennessee State University In partial fulfillment of the requirements for the degree Master of Arts in Brand and Media Strategy _____________________ by Hannah Hopper May 2018 _____________________ Dr. Susan E. Waters, Chair Dr. Melanie Richards Dr. Phyllis Thompson Keywords: Political Journalist, Twitter, Agenda Setting, Framing, Gatekeeping, Feminist Political Theory, Political Polarization, Presidential Debate, Hillary Clinton, Donald Trump ABSTRACT Political Journalists Tweet About the Final 2016 Presidential Debate by Hannah Hopper Past research shows that journalists are gatekeepers to information the public seeks.