The Puzzling Persistence of Curtiss-Wright-based Theories of Executive Power
Robert D. Sloane
Boston University - School of Law
September 1, 2011
William Mitchell Law Review, Vol. 37, p. 5072, 2011
Boston Univ. School of Law, Public Law Research Paper No. 11-38
This is a brief comment on Curtiss-Wright responding to one of the Journal of the National Security Forum's "Ten Questions" for its recently released symposium issue. It describes the origins of Justice Sutherland's controversial thesis, canvasses a few of the many critiques of that thesis, and offers a few reflections on why a theory about executive power that has been vigorously criticized by scholars across the ideological spectrum continues to exert an influence out of proportion to its substantive merits.
Number of Pages in PDF File: 18
Keywords: Curtiss-Wright, foreign relations, executive power, Presidency, national security
JEL Classification: K19, K33Accepted Paper Series
Date posted: September 1, 2011 ; Last revised: September 4, 2011
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