forthcoming scholarship

March 11, 2010

* forthcoming scholarship

“The Atomic Midwife: The Eisenhower Administration’s Continuity-of-Government Plans and the Legacy of ‘Constitutional Dictatorship’”

Rutgers Law Review, Forthcoming

MATTHEW L. CONATY, affiliation not provided to SSRN
Email: conaty

The story of the Eisenhower Administration’s continuity plans for post-atomic governmental survival provides a unique perspective on the authority of the nation’s chief executive in a crisis. Within the pertinent historical context, this article reconstructs them from the memoranda, sample proclamations, and recovery and defense approaches drafted by Eisenhower’s cabinet, and details contemporary legal responses to the broad executive powers they assume. It then contemplates the prospects of Congressional or judicial resistance using modern constitutional theory, should a similar change in executive authority be effectuated in response to a latter-day national disaster. The conclusion is grim: presidential employment of the military under a defensive war theory coupled with ingenerate limitations on the legislature and the courts foreclose effective resistance to a “constitutional dictatorship.” Read the rest of this entry »


upcoming event: Harold Koh speaking at this month’s SCOLANS breakfast

March 11, 2010

* March 16th Standing Committee on Law and National Security Breakfast: State Department Legal Advisor Harold Koh

Next Breakfast Program — Tuesday, March 16 — 8:00 a.m. — University Club — 1135 16th Street, NW, Washington, DC

Harold Koh, Legal Advisor, U.S. Department of State — will speak on “The Role of Law in the Obama Administration’s National Security Policy”

Please RSVP by completing the attached form and mailing it to the address below.

ABA Standing Committee on Law and National Security

740 15th Street, NW

Washington, DC 20005

(202) 662-1035

Koh registration form.doc

Breakfast Koh Announcement.pdf