Introduction

2021 ◽  
pp. 1-10
Author(s):  
Christina L. Boyd ◽  
Michael J. Nelson ◽  
Ian Ostrander ◽  
Ethan D. Boldt
Keyword(s):  
Local Community ◽  
Attorney General ◽  
Political Influence ◽  
Executive Branch ◽  
Department Of Justice ◽  
High Ranking ◽  
Political Environments ◽  
The U.S

Scholars, politicians, and prosecutors themselves have repeatedly maintained that federal prosecutors have vast independence when carrying out their jobs. Despite this, we argue that federal prosecutors are constrained by the federal and local political environments in which they serve. U.S. Attorneys, the chief federal prosecutors for the 93 federal judicial districts around the country, are selected through a politically driven appointment process and operate within the purview of the Department of Justice, an executive branch agency. Federal prosecutors are led by the U.S. Attorney General, a presidential appointee and high-ranking member of the president’s cabinet. And U.S. Attorneys are invested members of their local community and are likely to be mindful of those preferences when making prosecutorial decisions. As a result, we should expect to find political influence at every stage of a U.S. Attorney’s service. The chapter closes with a preview of the full book.

The Allocation of Death in the Afghanistan War: An International Public Choice Perspective

2013 ◽  
Vol 31 (1) ◽  
pp. 21-41
Author(s):  
Franklin G. Mixon
Keyword(s):  
Vietnam War ◽  
Empirical Support ◽  
Political Influence ◽  
Afghanistan War ◽  
Political Pressure ◽  
High Ranking ◽  
Trade Relationship ◽  
Public Choice Perspective ◽  
A Minor ◽  
The U.S

Abstract A classic study by Goff - Tollison [1987] finds empirical support for the idea that variations in Vietnam War (1965-1971) casualties across the U.S. states were a function of variations in political influence across the U.S. states wielded by members of the U.S. Congress, as more senior and influential federal legislators were in a position to have soldiers transferred from combat zones to safer areas. This study revisits this issue by investigating the allocation of death among the minor participating countries in the Afghanistan War (2001- present) against the backdrop of political influence wielded by high-ranking officials in the United Nations, as well as political pressure borne out of important fiscal and commercial relationships between the U.S. and other nations. Results from a hurdle model suggest that possession of high-ranking posts within the U.N. provides the political influence necessary to reduce military deaths among the minor participating countries that occupy them. The results also suggest that maintaining a free trade relationship with the U.S., or being the recipient of U.S. aid, puts political pressure on a minor participating country to place combatants in harm's way in a war being led by the U.S.

scholarly journals Prosecuting Executive Branch Wrongdoing

2021 ◽  
pp. 401
Author(s):  
Julian Cook, III
Keyword(s):  
Presidential Election ◽  
Attorney General ◽  
Public Trust ◽  
Executive Branch ◽  
Department Of Justice ◽  
Criminal Investigations ◽  
Independent Counsel

Attorney General William Barr’s handling of Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr’s conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy. Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To further this critical objective, an investigative and prosecutorial structure must be implemented that grants a prosecutor sufficient latitude to pursue independent investigations while reigning in the exercise of runaway discretion. Indeed, at no time since Watergate has there been such a clear need for reform. This Article will explain why many of the controversies that beset the Mueller investigation can be sourced to the Special Counsel regulations—the rules that governed his appointment, as well as his investigative and prosecutorial authority. And it will explain why many of these ills can be ameliorated by enacting a modified and innovative version of the expired Independent Counsel Statute.

scholarly journals «The Palmer raids» - reaction to «The Red Scare» and Edgar Hoover’s role in the actions of the U.S. Department of Justice

2019 ◽  
Vol 8 (3) ◽  
pp. 211-214
Author(s):  
Yaroslav Aleksandrovich Levin
Keyword(s):  
World War I ◽  
Attorney General ◽  
Main Body ◽  
Red Scare ◽  
Left Wing ◽  
Department Of Justice ◽  
The World ◽  
The Usa ◽  
Palmer Raids ◽  
The U.S

The paper is devoted to reaction of the U.S. Department of Justice to the October revolution of 1917 in Russia and the process which received the name The Red Scare in the historiography. The basic changes which happened in Russia, the ideas of radical social justice, the dictatorship of the proletariat and the world revolution during the last stages of the World War I led to an extremely negative perception of the Bolshevik party and its policy in the USA. The general unfriendly spirit was warmed up by various publications accusing V.I. Lenin and his colleagues of communications with Germany (well-known Sissons documents) as well as by various publications in the press. At the same time, the revolution in Russia became an ideological beacon for anarchists and socialists worldwide including America. A special activity was shown by the galleanists organization (followers of the revolutionary and the ideologist of anarchism Luigi Galleani). From April to June 1919 they organized a series of explosions as well as attempts on the life of prominent politicians, businessmen and even the staff of intelligence agencies of the USA. In response to it the Attorney-General Alexander Mitchell Palmer initiated a series of military actions directed against all left-wing parties and groups in the country. The Bureau of investigations became the main body that was occupied in these actions. The paper analyzes the raids that were carried out by BI, their features and effects as well as the career of John Edgar Hoover, who was Palmers personal assistant at that time and later became a director of FBI.

scholarly journals Does Antitrust Need to be Modernized?

2007 ◽  
Vol 21 (3) ◽  
pp. 155-176 ◽  
Author(s):  
Dennis W Carlton
Keyword(s):  
Intellectual Property ◽  
Economic Analysis ◽  
Attorney General ◽  
Market Definition ◽  
Antitrust Law ◽  
Department Of Justice ◽  
The Right ◽  
Positive Effect ◽  
The U.S ◽  
Over Time

Economics has had an enormous positive effect on the evolution of antitrust policy over the last 30 years or so. However, the evolving forces of technology and globalization, together with experience gained over time, suggest that further modernization is in order. This paper addresses a number of controversial antitrust doctrines that need fixing, or at least some modernizing. Specifically, I analyze market definition; the interaction of intellectual property and antitrust law; certain types of exclusionary conduct (tying and bundling discounts); and procedural issues involving economic matters such as damage multiples, the right to sue, and laws of contribution. I am currently Deputy Assistant Attorney General for Economic Analysis in the Antitrust Division of the U.S. Department of Justice and have served as a Commissioner on the Congress-appointed Antitrust Modernization Commission (AMC). While I've drawn on these experiences in forming my opinions, the views expressed here are my own and do not necessarily reflect those of the AMC or those of the Department of Justice.

National coastal management challenges and needs

Shore & Beach ◽  
2020 ◽  
pp. 34-43
Author(s):  
Nicole Elko ◽  
Tiffany Roberts Briggs
Keyword(s):  
Coastal Management ◽  
Harmful Algal Blooms ◽  
Algal Blooms ◽  
Local Community ◽  
Extreme Event ◽  
Technical Information ◽  
Interdisciplinary Approach ◽  
Beach Erosion ◽  
The U.S

In partnership with the U.S. Geological Survey Coastal and Marine Hazards and Resources Program (USGS CMHRP) and the U.S. Coastal Research Program (USCRP), the American Shore and Beach Preservation Association (ASBPA) has identified coastal stakeholders’ top coastal management challenges. Informed by two annual surveys, a multiple-choice online poll was conducted in 2019 to evaluate stakeholders’ most pressing problems and needs, including those they felt most ill-equipped to deal with in their day-to-day duties and which tools they most need to address these challenges. The survey also explored where users find technical information and what is missing. From these results, USGS CMHRP, USCRP, ASBPA, and other partners aim to identify research needs that will inform appropriate investments in useful science, tools, and resources to address today’s most pressing coastal challenges. The 15-question survey yielded 134 complete responses with an 80% completion rate from coastal stakeholders such as local community representatives and their industry consultants, state and federal agency representatives, and academics. Respondents from the East, Gulf, West, and Great Lakes coasts, as well as Alaska and Hawaii, were represented. Overall, the prioritized coastal management challenges identified by the survey were: Deteriorating ecosystems leading to reduced (environmental, recreational, economic, storm buffer) functionality, Increasing storminess due to climate change (i.e. more frequent and intense impacts), Coastal flooding, both Sea level rise and associated flooding (e.g. nuisance flooding, king tides), and Combined effects of rainfall and surge on urban flooding (i.e. episodic, short-term), Chronic beach erosion (i.e. high/increasing long-term erosion rates), and Coastal water quality, including harmful algal blooms (e.g. red tide, sargassum). A careful, systematic, and interdisciplinary approach should direct efforts to identify specific research needed to tackle these challenges. A notable shift in priorities from erosion to water-related challenges was recorded from respondents with organizations initially formed for beachfront management. In addition, affiliation-specific and regional responses varied, such as Floridians concern more with harmful algal blooms than any other human and ecosystem health related challenge. The most common need for additional coastal management tools and strategies related to adaptive coastal management to maintain community resilience and continuous storm barriers (dunes, structures), as the top long-term and extreme event needs, respectively. In response to questions about missing information that agencies can provide, respondents frequently mentioned up-to-date data on coastal systems and solutions to challenges as more important than additional tools.

Workforce Diversity on Employee Performance in the Office of the Attorney General and Department of Justice, Kenya

2019 ◽  
Vol 3 (V) ◽  
pp. 252-266
Author(s):  
Hellen Kanaiza Barang’a ◽  
Chrispen Maende
Keyword(s):  
Employee Performance ◽  
Attorney General ◽  
Diversity Management ◽  
Educational Background ◽  
Workforce Diversity ◽  
Department Of Justice ◽  
Business World ◽  
Age Diversity ◽  
And Gender ◽  
Unit Of Observation

Embracing and managing diversity in today’s business world is an essential part of successful business practices as it brings various voices to a team, improves morale and increases overall productivity. However, manager face difficulties in understanding the value of each person’s unique abilities or voice, there may arise some instances where certain employees still have conflicts. Ineffective communication of key objectives results in confusion, lack of teamwork, and low morale. In the office of the attorney general and department of justice now going through a massive influx of young workforce in both gender with diverse educational background and from different ethnic groups have brought a challenge of having different sets of values, expectations, and work styles in the work place and also understanding the other’s culture has been a heavy task on managing work force in the organization. It is due to this regard that this study sought to investigate the influence of workforce diversity on employee performance in the office of the Attorney General and Department of Justice in Nairobi City County, Kenya. The study specific objectives were to examine the influence of educational background diversity, ethnicity diversity, age diversity and gender diversity on employee performance. The theories guiding the study were the human capital theory, social identity theory, social exchange theory and social categorization theory. This study will use descriptive survey research design. The unit of observation was office of the Attorney General and Department of Justice in Nairobi City County, Kenya and the unit of observation was 5 Human Resource Managers and 50 Support Staff from HRM department. A census of 55 respondents was carried out. Primary data was collected using questionnaires. Quantitative data was analysed with the use of descriptive statistics such as mean and standard deviations and presented using tables, graphs, charts and figures. Content analysis was used to test data that was qualitative in nature or aspect of the data collected from the open ended questions. Multiple regression analysis was used to test the extent to which the variables relate to each other. The study examined that educational background diversity, ethnicity diversity, age diversity and gender had a positive and significant relationship on employee performance. The study concluded that employees with diverse educational background promote higher levels of consistency, creativity because of their unique perspectives. Ethnicity diversity management improve gains in worker welfare and efficiency, leads to reduced turnover costs, fewer internal disputes and grievances, prevention of marginalization and exclusion of categories of workers, improved social cohesion and so on. Age diversity in the workplace provides a larger spectrum of knowledge, values, and preferences. Having a diverse gender within the organization leads to a wider talent pool, encourages different points of view and approaches that come from different life experiences and the organization to challenge gender stereotypes. The study recommended that the organization should employ people of different backgrounds in education so as to improve creativity and innovation. The organizational management has responsibilities when it comes to promoting and monitoring ethnic diversity policy in the workplace. It is highly essential for the organization to find effective ways to meet the challenges of age diversity because both the old and the young employees can make tremendous contributions to the organization, in their own unique way. The organization should encourage team leaders to select diverse groups for projects to ensure the genders do not naturally separate.

Covert Action: United States Law in Substance, Process, and Practice

2010 ◽  
pp. 586-607 ◽  
Author(s):  
James E. Baker
Keyword(s):  
National Security ◽  
Executive Branch ◽  
Legal Practice ◽  
Legal Regime ◽  
Covert Action ◽  
The Third ◽  
Definition Of ◽  
Traditional Activity ◽  
The U.S

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.

The Clinton Administration and Africa: Role of Congress and the Africa Subcommittees

1998 ◽  
Vol 26 (2) ◽  
pp. 14-16
Author(s):  
Daniel P. Volman
Keyword(s):  
Cold War ◽  
Reagan Administration ◽  
Clinton Administration ◽  
Executive Branch ◽  
Predominant Role ◽  
Government Relations ◽  
Foreign Operations ◽  
The Cold War ◽  
The U.S

Studies of U.S. government relations with Africa have generally focused on the role of the executive branch, specifically by examining and analyzing the views and activities of administration officials and the members of executive branch bureaucracies. This is only natural, given the predominant role that the executive branch has historically played in the development and implementation of U.S. policy toward the continent. However, the U.S. Congress has always played an important role in determining U.S. policy toward Africa due to its constitutional authority over the appropriation and authorization of funding for all foreign operations conducted by the executive branch. Furthermore, Congress enacted legislation on several occasions during the Cold War period that directly affected U.S. policy. For example, Congress approved the Clark Amendment prohibiting U.S. intervention in Angola (although it later voted to repeal the amendment) and also passed the 1986 Comprehensive Anti-Apartheid Act, which imposed sanctions on South Africa over the veto of the Reagan administration.

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