January 17, 2018

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Tuesday, April 26, 2016

Elections 2016-2017 -

Tuesday, April 26, 2016

Why the ERA Failed: Comfort Over Content in the Fight for Women’s Rights -

Thursday, May 5, 2016

The Extent to Which Parents Should Regulate Their Children’s Abortions -

Thursday, May 5, 2016

Human Rights in a Reclusive Context: North Korea -

Thursday, May 5, 2016

Separation without Justification: Parental Rights of Pregnant Juveniles in Correctional Facilities -

Thursday, May 5, 2016

U.S. Asylum after September 11: Failures of the PATRIOT and ID Acts -

Thursday, May 5, 2016

Genomicare: The Affordable Care Act of 2023 -

Thursday, May 5, 2016

“Social Worker with a Gun:” The Role of Policing in Harm Reduction Among Addicts -

Tuesday, April 26, 2016

Pulling Principles Out of Thick Air: The Incorporation of Customary International Law Under the Alien Tort Claims Act of 1789 After Sosa v. Alvarez-Machain -

Tuesday, April 26, 2016

Schuette v. BAMN: Moving Toward a Colorblind Constitution -

Tuesday, April 26, 2016

American Women in Combat: What Israel and Canada Can Teach the United States About Integration -

Tuesday, April 26, 2016

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Monday, April 25, 2016

The Intersection of Lawlessness and Justice: Police Misconduct -

Tuesday, March 3, 2015

A Recommendation for Eliminating Lifetime Tenure for Federal Judges -

Thursday, January 1, 2015

Admissions Panel A Great Success! -

Sunday, November 9, 2014

Law School Admissions Panel -

Monday, November 3, 2014

VICTORY OF THE MINORITY: The Jehovah’s Witnesses’ Fight for Constitutional Rights -

Monday, June 30, 2014

VACATING CONVICTIONS: The Efficacy of One Form of Relief from the Consequences of Conviction -

Monday, June 30, 2014

Announcements

Article submissions are now open for the Journal! Deadline: December 19!

RECESS APPOINTMENTS AND RATIONAL CHOICE IN THE AGE OF PARTISANSHIP

Fall 2013 : Volume VII : Issue 1

*Author: Elliot J. Mamet, Colorado College

Under Presidents William J. Clinton, George W. Bush, and Barack Obama, the recess appointment has dramatically emerged as a powerful and frequently used tool. These Presidentshave used various end goals to justify recess appointments: diversifying the federal judiciary, overcoming Senate gridlock, and regulating the financial industry. This paper argues that even if these end goals are normatively valid, modern recess appointment undermine the separation of power inherent in our separation of powers.This paper examines two case studies: President Obama’s recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau and President Clinton’s recess appointment of RogerL.Gregory to the Fourth Circuit Court of Appeals.This paper argues that recess appointments grossly aggrandizePresidential power, challenging the fabric of the American system with unintended negative consequence.

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