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For those concerned with constitutional adherence the primary issue is that the appointment of new executive branch officials and White House advisors may not be consistent with the Appointments Clause ofthe United States Constitution.13 While, for others the practical issue is that the expansive use of czars raises accountability, legislative oversight and governmental efficiency concerns.14 Both categories of issues implicate constitutional concerns of separation of powers,15 checks and balances,16 and doctrinal constitutional adherence. Since taking office, President Obama has notably increased the number and authority of advisors appointed through this controversial appointment practice,17 continuing an executive branch trend that should be controlled and slowed. [...] the sharp r...
President Obama's lawless Jan. 4 installation of a new director of the Consumer Financial Protection Bureau goes to the heart of his loose interpretation of our Constitution. Mr. Obama's actions show he believes checks and balance apply only to the other branches of government, not to him. While Virginia A. Seitz, assistant attorney general for the Office of Legal Counsel, created an after-the-fact memo to justify the action, it carries no legal weight. Her office is a creature of the executive and as such is not qualified to rule definitively on executive actions. It's not the prerogative of the White House to define when the Senate is in recess. Whether a session is pro forma or not, it is still a session regardless of what the executive thinks. Moreover, the issue is not whether the ...
Decades of research on corporate boards of directors resulting in diverse and often inconsistent findings have not dampened scholarly interest in the topic. Instead, researchers are attempting to more effectively model the board-firm relationship. One such modeling approach considers the power of the board in relation to top management. Drawing on upper echelons thinking (Hambrick & Mason, 1984) and the concept of managerial power (Finkelstein, 1992), this conceptual study develops the notion of board power in relation to CEO duality. Based on a framework composed of structural, ownership, expertise, and prestige power of the board, the study develops several propositions predicting the impact of board characteristics on a key aspect of managerial power - the appointment of the CEO ...
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