... of the principal Officer in each of the executive Departments, upon any Subject relating to the Duti... his suspension of the habeas corpus privilege, which was regarded by many as attributable to the... unconstitutional, although there are examples in which decision was seemingly based on a reading...
Introduction. I. Introduction to Executive Privilege: Further Background and Relationship to Congressional Information Demands. II. Existing Doctrine and Scholarship. A. Existing Doctrine. B. Major Scholarly Arguments. III. Secrecy and Separated Powers: The Argument for a New Approach to Executive Privilege. A. Getting to the New Approach: Overlapping Powers and the Special Constitutional Significance of Information Control. 1. History and Executive Privilege. 2. Article I, Article II, Functional Balancing, and Judicial Restraint. 3. The Role of Information Control's Constitutional Significance. 4. Elaboration on the Shallow/Deep Secrecy Distinction and Its Constitutional Relevance. B. The Constitutional Foundations of the Argument for Shallow and Politically Checkable Secrecy. 1. Openn...
... by providing further background on and examples of executive privilege claims raised in the face o...
In a rare point of agreement, both gubernatorial candidates say they favor putting many more state government documents online for all to see. If elected, Lt. Gov. Diane Denish would post so many public documents on New Mexico's "sunshine" portal that the state's Inspection of Public Records Act would be obsolete, she said.
... reporters, including over his claims executive privilege in several cases. One involves informati..."Some examples of protected information include protected health ...
Executive privilege disputes between the political branches shape the boundaries of presidential secrecy and congressional authority. Those disputes often give rise to calls for political rather than judicial resolution. The existing academic literature and judicial doctrine in this area offer limited theoretical accounts of when courts should abstain from or resolve the executive privilege disputes presented to them by the political branches. This Article provides an analytical framework for evaluating the outcomes provided by judicial and political resolution of executive privilege disputes and then explores how those evaluations inform judicial decisions to abstain from or resolve executive privilege disputes. Political resolution of these disputes produces constitutionally acceptabl...
...As sketched in the following pair of examples, these outcomes may not present attractive alterna...
... that the Government could assert executive privilege to protect sensitive materials from disc... difficult task of finding a couple of examples establishing the negative: that recusal or motion ...
Although accounts of how race (and class) punctuated the elimination of African American midwives are well documented,6 this article further explores how downplaying the racial privilege of white midwives, medical personnel, and other figures in African American midwives' narratives has problematic implications for a contemporary midwifery movement that prides itself on inclusivity and its benefit to all women. INFLUENCES ON THE CONTEMPORARY MOVEMENT FOR MIDWIVES The continued emphasis on the narrative accounts of African American midwives within the history of not only midwifery in the United States but also African American culture and life opens up possibilities for important discussions of race and the effects of a legacy of racism that still affects contemporary midwives in thei...
...These contemporary examples offer an important caution against idealizing noti... State University and now serves as the executive director of Florida Impact, a social and economic ...
The Joint Service Committee on Military Justice (JSC) is forwarding final proposed amendments to the Manual for Courts-Martial, United States (MCM) to the Department of Defense. The proposed changes constitute the 2012 revision of the Military Rules of Evidence (M.R.E.) in the MCM in accordance with DoD Directive 5500.17, ``Role and Responsibilities of the Joint Service Committee (JSC) on Military Justice,'' May 3, 2003. The proposed changes affect all the M.R.E. and are in conformity, to the extent practicable, with the Federal Rules of Evidence. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.1, ``Preparation, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters Testimony,'' June 15, 2007, an...
... provide discussion, case citations, and examples when revising Appendix 22, Analysis of the Militar... a witness is available or qualified, a privilege exists, a continuance should be granted, or eviden...
... have criticized the state secrets privilege for some time. Although ostensibly a common law pr.... Other examples abound. Soon after World War II, the government se...
... one marginalized status, are otherwise privileged.3. For example, Diane L. Fowlkes observed that whe...These examples highlight the flexible and constructed nature of s... you, it's not been easy." Ojeda is the executive director for Coalition for Justice in the Maquilad...
Courts have yet to reach a consensus on the proper standard for distinguishing among bloggers with respect to shield laws-statutes that prevent the compelled disclosure of confidential sources. This note questions the prudence of standards that base protection on how closely bloggers imitate the institutions whose authority they are challenging.
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