Jump to ContentJump to Main Navigation

You are looking at 1-10 of 18 items for:

  • Keywords: Bush administration x
  • Constitutional and Administrative Law x
Clear All Modify Search

View:

Structural Rights and the War on Terror

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.011
Subject:
Law, Constitutional and Administrative Law

The eight long years of the second Bush Administration and the War on Terror that it prosecuted have generated an extraordinary number of complex and divisive questions of constitutional law. ... More


The Myth of Rights: The Purposes and Limits of Constitutional Rights

Ashutosh Bhagwat

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.001.0001
Subject:
Law, Constitutional and Administrative Law

What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases — i.e., that rights protect autonomy. That understanding, however, is wrong; it is, ... More


Introduction: Responding to Government Lawlessness: What Does the Rule of Law Require?

Nasser Hussain and Austin Sarat

in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the contemporary debate over whether senior Bush administration officials should be investigated and prosecuted for authorizing domestic surveillance and the use of torture against ... More


Law's Detour: Justice Displaced in the Bush Administration

Peter Margulies

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.001.0001
Subject:
Law, Constitutional and Administrative Law

From the Justice Department's memos defending coerced interrogation to Alberto Gonzales's firing of U.S. Attorneys who did not fit the Bush administration's political needs, this book paints an ... More


The Spider’s Web: How Government Lawbreakers Routinely Elude the Law

Stephen Holmes

in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explores how the rule of law confers immunity to government officials who violate the law. It considers the ways in which Bush administration lawbreakers have been using, and will ... More


When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Austin Sarat and Nasser Hussain (eds)

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.001.0001
Subject:
Law, Constitutional and Administrative Law

Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Barack Obama has repeatedly ... More


Form over Accountability: Executive Privilege, Signing Statements, and the Illusion of Law

in Madison's Nightmare: How Executive Power Threatens American Democracy

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226749396
eISBN:
9780226749426
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749426.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explains how contemporary presidentialism has embraced an especially thin view of what the rule of law entails. This tendency is exhibited in the Bush 43 Administration's treatment of ... More


Presidentialism, National Security, and the Breakdown of Government Lawyering

in Madison's Nightmare: How Executive Power Threatens American Democracy

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226749396
eISBN:
9780226749426
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226749426.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter explores the national security policy making, emphasizing on the “Bush 43” Administration. It argues that presidentialism is likely to degrade the quality of decision making for a ... More


Vindicating the Rule of Law: Prosecuting Free Riders on Human Rights

Claire Finkelstein

in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the rule of law can only be vindicated by a criminal prosecution of Bush administration officials. It first considers how we should understand the relationship among the Bush ... More


Afterword

Peter Margulies

in Law's Detour: Justice Displaced in the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814795590
eISBN:
9780814759608
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814795590.003.0008
Subject:
Law, Constitutional and Administrative Law

This afterword examines the aftereffects of the Bush administration's legal detours. It first considers how the financial crisis of 2008 exposed the Bush administration's neglect of regulation before ... More


View: