Executive Orders in Court
dc.contributor.author | Newland, Erica | |
dc.date | 2021-11-25T13:36:36.000 | |
dc.date.accessioned | 2021-11-26T12:32:29Z | |
dc.date.available | 2021-11-26T12:32:29Z | |
dc.date.issued | 2015-01-01T00:00:00-08:00 | |
dc.identifier | ylsspps_papers/112 | |
dc.identifier.contextkey | 7752628 | |
dc.identifier.uri | http://hdl.handle.net/20.500.13051/17732 | |
dc.description.abstract | This Note presents a study of judicial decisions that have engaged with executive orders. The study was designed to elucidate the contexts in which courts have considered executive orders; to identify the questions that courts have posed about executive orders; and to synthesize the doctrine that courts have developed in response to those questions. This study reveals that, although the executive order is a powerful tool of the presidency, courts have not tended to acknowledge, in a particularly theorized way, the special challenges and demands of the executive order as a form of lawmaking. This Note argues that, in the absence of a thicker jurisprudential conception of the executive order, doctrinal asymmetries that heavily favor executive power have emerged. These asymmetries carry costs and therefore merit closer attention. | |
dc.title | Executive Orders in Court | |
dc.source.journaltitle | Student Prize Papers | |
refterms.dateFOA | 2021-11-26T12:32:29Z | |
dc.identifier.legacycoverpage | https://digitalcommons.law.yale.edu/ylsspps_papers/112 | |
dc.identifier.legacyfulltext | https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1113&context=ylsspps_papers&unstamped=1 |