Plenary Power Is Dead! Long Live Plenary Power!
In: Michigan Law Review First Impressions, 2015, Forthcoming
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In: Michigan Law Review First Impressions, 2015, Forthcoming
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Welcome - Ava Howard Opening Comments - Rex Fuller Plenary Theme Comments - Melinda Shimizu Power, Paradoxes, and Pecha Kuchas - Marcus Wenzel Social Justice, Power and Inqeuities: Why We Should Care - Debi Brennan Artificial Intelligence 3.0 - Another Revolution - Jie Liu Aphorisms Abound: Power in Social and Political Analysis - Mark Henkels, Connor Amundson The Power of Language to Change Health - Emily Lilo The Intergenerational Transmission of the Armenian Genocide: Family Member Empowerment through Narratives, Rituals, and Generative Acts - Margaret Manoogian Portal Theatre's No Belles - Michael Phillips, Lindsay Spear, Cati Rangle, Meghan Doerfler Closing Comments - Ava Howard
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In: Oklahoma Law Review, Forthcoming
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In: 68 Florida Law Review Forum 59 (2016)
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In his article The Transformation of the Constitutional Regime of Foreign Relations, Professor Ted White argues that the early twentieth century saw a major shift in constitutional understandings and expectations regarding the distribution of authority in foreign affairs. According to White, until that era the foreign affairs power, like all other powers under the Constitution, were considered subject to a formalistic, essentialist world view in which powers were distributed by the text of the Constitution according to clear principles of federalism and separation of powers. Congress and the President could only exercise powers in this area that had been dedicated to them by the text of the Constitution or that were reasonably implied therefrom, with such exercise subject to the other constraints enumerated in the Constitution. Article II treaties made by the President with the advice and consent of the Senate were assumed to be the primary medium for the exercise of the foreign affairs power, and the treaty power also was assumed to be subject to the constraints of separation of powers, individual rights, and federalism.
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In: 63 UCLA L. Rev. 666 (2016)
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In: Constellations: an international journal of critical and democratic theory, Band 9, Heft 1, S. 89-97
ISSN: 1351-0487
The 11 Sept terrorist attacks have counterpoised US security requirements against civil liberties, especially where the latter concern noncitizens within US borders. The essay briefly surveys US prosecutions of foreigners since the American Revolution & through the Cold War & its immediate aftermath. The author then addresses the issue of judiciary & legislative conflict & the "plenary power" doctrine as it has been invoked to limit foreigners' civil rights, most recently with the 2001 "Patriot Act." Civil libertarians need to petition Congress to restore fundamental due process rights to foreigners, although in the current post-9/11 political climate, such legislation seems unlikely. K. Coddon
In: Tennessee Law Review, Band 84, Heft 3
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In: Constellations: an international journal of critical and democratic theory, Band 9, Heft 1, S. 89-97
ISSN: 1467-8675
In: Berkeley La Raza Law Journal, Band 28, Heft 119
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In: 97 Oregon L. Rev. 353 (2019)
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In: Texas Review of Law & Politics, Band 15, S. 61
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In: 2 UC Irvine Law Rev 194-245 (2012)
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Introduction : Inter Armas Silent Leges -- An authority unchallengeable and complete : plenary power over immigrants, American Indians, and external U.S. colonies -- Silencing the constitution : the Japanese American internment and redress -- Military necessity? : the World War II internment of Japanese Latin Americans -- History repeats itself : the racing of Arab Americans as the enemy -- Force trumps law after September 11 : disappearances, detentions, and deportations -- The war on terror : who or what is being protected?
In: American Journal of Law & Medicine, Band 45, S. 224-246
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