Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 63, No. 1-2, Spring

An Economic Analysis of the Religious Freedom Restoration Act
TRAVIS C. WHEELER [*] I INTRODUCTION As an attempt by Congress to overturn a Supreme Court ruling by statute, the Religious Freedom Restoration Act ("RFRA"), although passed by a congressional landslide, was one of the most controversial pieces...
Appendix: The Constitutional Separation of Powers between the President and Congress
This memorandum provides an overview of the constitutional issues that periodically arise concerning the relationship between the executive and legislative branches of the federal government. Although that relationship is shaped in part by the policy...
A Report Card on the Impeachment: Judging the Institutions That Judged President Clinton
SUSAN LOW BLOCH [*] I INTRODUCTION Now that we have lived through one of the most unusual events in American history--the impeachment and trial of the President of the United States--it is appropriate, indeed essential, that we assess how...
Bakke Betrayed
ALAN J. MEESE [*] I INTRODUCTION The President must "take care that the laws are faithfully executed." [1] Such faithful execution requires more than mere careful attention to the language of statutes; it also requires the President to interpret...
Constitutionalism in the Shadow of Doctrine: The President's Non-Enforcement Power
DAVID BARRON [*] I INTRODUCTION May a President refuse, on constitutional grounds, to enforce a statute that requires the firing of all HIV-positive military personnel? May a President rely upon the Fifth Amendment to bar federal prosecutors...
Foreword
NEIL KINKOPF [*] Robert H. Jackson, the former Attorney General and Associate Justice of the Supreme Court, has famously observed that the President is "the focus of public hopes and expectations. In drama, magnitude and finality his decisions so...
Freedom of Speech, Cyberspace, Harassment Law and the Clinton Administration
EUGENE VOLOKH [*] I INTRODUCTION During the height of the Clinton-Lewinsky scandal, many lawyer pundits talked about impeachment. Some talked about independent counsels and separation of powers. Some talked about the criminal law of perjury,...
Impeachment as Congressional Constitutional Interpretation
NEAL KUMAR KATYAL [*] I INTRODUCTION In the past year, America experienced an intense constitutional debate waged in its newspapers, kitchens, and internet chat rooms. This debate was remarkable, and not only because a constitutional issue--the...
Indirect Constitutional Discourse: A Comment on Meese
ROBERT F. NAGEL [*] Professor Meese begins his article by indicating three types of executive branch responses to the Supreme Court's constitutional interpretations: (1) compliance, (2) forthright disagreement, and (3) covert or disguised disagreement....
Presidential Non-Enforcement of Constitutionally Objectionable Statutes
DAWN E. JOHNSEN [*] I INTRODUCTION In February 1996, Congress presented President Bill Clinton with a dilemma. The National Defense Authorization Act for Fiscal Year 1996 included a provision requiring the armed forces to discharge individuals...
Religion and the Law in the Clinton Era: An Anti-Madisonian Legacy
MARCI A. HAMILTON [*] I INTRODUCTION President William Jefferson Clinton's two terms in office have been awash in religious rhetoric and in actions taken to further religious exercise, both domestically and abroad. The free exercise of religion,...
Rethinking Welfare Rights, Reciiprocity Norms, Reactive Attitudes, and the Political Economy of Welfare Reform
AMY L. WAX [*] I INTRODUCTION A spate of recent reports on President Clinton's 1996 welfare reform initiative, the Personal Responsibility and Work Opportunity Reconciliation Act ("PRA"), indicates that the new welfare regime appears to be...
Taking Economic Equality off the Table
GENE R. NIGHOL [*] I have a good deal of interest in the topic of this panel, "Clinton Administration and Individual Rights." Given that, it was difficult to choose between the two papers for comment. There is a good deal to agree with in Professor...
The Clinton Administration and War Powers
LORI FISLER DAMROSCH [*] I INTRODUCTION: WAR POWERS IN CROSSNATIONAL PERSPECTIVE The strongest of all governmental powers is the power to engage in war; and the strongest challenge for constitutionalism is to bring the war power of the state...
The Culture of Belief and the Politics of Religion
WILLIAM P. MARSHALL [*] I INTRODUCTION Religion has stood at the center of the American stage during the years of the Clinton presidency. The Congress passed, and the President signed, the Religious Freedom Restoration Act ("RFRA") [1]--the...
The First Amendment and Cyberspace: The Clinton Years
JAMES BOYLE [*] I INTRODUCTION There are many things one could say about the Clinton Administration's effect on the Constitution. I am tempted to comment generally about the Clinton Administration's concern for constitutional values, but Dean...
The Impeachment of President Clinton: An Ugly Mix of Three Powerful Forces
KAREN A. POPP [*] I INTRODUCTION President Clinton should not have been impeached by the House of Representatives and, once impeached, was properly acquitted by the Senate. Thus, it should come as no surprise that I agree with much of what...
The President and Choices Not to Enforce
PETER L. STRAUSS [*] The executive branch is often called upon to assess how a particular statute it is charged to administer fits within the larger framework of the law. Professor Dawn Johnsen's thoughtful analysis addresses an important subset...
The Scope of "High Crimes and Misdemeanors" after the Impeachment of President Clinton
NEIL KINKOPF [*] I INTRODUCTION Constitutional theorists have begun focusing a great deal of attention on constitutionalism outside the judiciary. [1] As Professor Neal Katyal points out in his insightful paper, the impeachment and trial of...
The Special Constitutional Structure of the Federal Impeachment Process
MICHAEL J. GERHARDT [*] In commenting on a congressional debate, the late Mo Udall is reputed to have remarked, "Everything that needs to be said has been said, but everybody hasn't said it." [1] It is tempting to think this sentiment aptly characterizes...
The Story about Clinton's Impeachment
L. H. LARUE [*] I WHAT WAS THE STORY? In the oral version of their presentations, the participants in this symposium generally prefaced their remarks with descriptions of their service in government. They wished to acknowledge their biases...
Threading between the Religion Clauses
IRA C. LUPU [*] I A number of constitutional provisions point in more than one direction. This is true of the First Amendment's Religion Clauses, [1] which enjoin both establishment of religion and prohibitions on its free exercise; the Second...
When a King Speaks of God, When God Speaks to a King: Faith, Politics, Tax Exempt Status, and the Constitution in the Clinton Administration
RANDY LEE [*] I INTRODUCTION The Clinton Administration has committed itself to clarifying the role of religion in the public sphere. To that effect, the Administration has released federal guidelines that clarify religious exercise and expression...
Writing off Race
GIRARDEAU A. SPANN [*] I INTRODUCION The constitutionality of affirmative action has now become one of the central topics in the politics of race. Ironically, the United States Constitution says absolutely nothing about affirmative action....