Cardozo Law Review
Vol. 15, Iss. 1-2
Executive Branch Interpretation of the Law
This issue of the Cardozo Law Review explores a variety of topics related to executive branch interpretation of the law, including discussions on judicial opinions, the autonomy of executive interpretation, and the role of the Attorney General’s Office. Key contributions address constitutional interpretation, the separation of powers, and the concept of a unitary executive. Notable sections include keynote remarks from Attorney General William P. Barr, in-depth analyses by scholars such as Thomas W. Merrill and David A. Strauss, and commentary on the implications of executive autonomy. The issue concludes with notes on legal protections for domestic violence victims and the Americans with Disabilities Act.
Prefatory Matter
Tributes
Jacob Burns
Simon J. Liebowitz
A Stalwart at the Bar
Arthur Norman Field
Jacob Burns the Man
Alfred A. Giardino
In Appreciation of Jack Burns
Frank J. Macchiarola
Jacob Burns and the Institute for Advanced Legal Studies
David G. Carlson
Being a Jacob Burns Scholar
David S. Kahn
Jacob Burns's Generosity
June D. Wolfman
Articles
Introduction
John O. McGinnis
Judicial Opinions as Binding Law and as Explanations for Judgments
Thomas W. Merrill
The Merryman Power and the Dilemma of Autonomous Executive Branch Interpretation
Michael Stokes Paulsen
Presidential Interpretation of the Constitution
David A. Strauss
Executive Autonomy, Judicial Authority and the Rule of Law: Reflections on Constitutional Interpretation and the Separation of Powers
Michel Rosenfeld
Readings by Our Unitary Executive
Lawrence Lessig
The Unitary Executive in a Unified Theory of Constituional Law: The Problem of Interpretation
Geoffrey P. Miller
Unitary Executive Interpretation: A Comment
Frank H. Easterbrook
Ways to Think about the Unitary Executive: A Comment on Approaches to Government Structure
Michael Fitts
Models of the Opinion Function of the Attorney General: A Normative, Descriptive, and Historical Prolegomenon
John O. McGinnis
Change in Continuity at the Office of Legal Counsel
Samuel A. Alito Jr.
Protecting the Office of Legal Counsel From Itself
Harold Hongju Koh
Notes
Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?
Susan E. Bernstein