AG opinion on constitutionality of proposed OLC reporting act; forthcoming scholarship

January 13, 2009

1.  Attorney General Mukasey, Constitutionality of the OLC Reporting Act of 2008 (Nov. 14, 2008) (made public 1/12/09)

OLC has released a memorandum from AG Mukasey to the Senate Majority Leader, from November 2008, declaring his view that proposed legislation requiring public disclosure of OLC memos in certain scenarios would be unconstitutional.  The memo is posted here: http://www.usdoj.gov/olc/2008/olc-reporting-act.pdf

2. Forthcoming scholarship

“True Believers at Law: National Security Agendas, the Regulation of Lawyers, and the Separation of Powers”

Roger Williams University School of Law Legal Studies Research Paper Series

PETER MARGULIES, Roger Williams University School of Law
Email: pmargulies@rwu.edu

Post-September 11 legal events have demonstrated that ideological agendas distort the deliberation required for sound advice about national security. Legal issue entrepreneurs who market a theory without context exalt short-term interests and encourage executive unilateralism. These perils have emerged in a number of recent developments, including the torture memos drafted by the Justice Department’s Office of Legal Counsel (OLC) and the destruction of CIA interrogation tapes. Read the rest of this entry »

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forthcoming scholarship

December 15, 2008

* Forthcoming scholarship

Foreign Affairs Originalism in Youngstown’s Shadow

St. Louis University Law Journal (Vol. 53, 2008)

Stephen I. Vladeck

American University Washington College of Law

In An Originalism for Foreign Affairs?, Professor Ingrid Wuerth argues that originalism, under a number of different conceptualizations, is an awkward fit in the field of foreign affairs. In one sense, as Professor Wuerth suggests, originalism fails to answer many of the central questions of foreign affairs scholarship. In another sense, certain foreign affairs questions may, in her words, undermine the positive case for originalism. Either way, Professor Wuerth concludes, originalists should pay more attention to foreign affairs, and foreign affairs scholars should pay more attention to the competing methodologies of contemporary constitutional interpretation. Read the rest of this entry »