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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

Abstract:     
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, K33

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Date posted: September 1, 2011 ; Last revised: September 4, 2011

Suggested Citation

Sloane, Robert D., The Puzzling Persistence of Curtiss-Wright-based Theories of Executive Power (September 1, 2011). William Mitchell Law Review, Vol. 37, p. 5072, 2011; Boston Univ. School of Law, Public Law Research Paper No. 11-38. Available at SSRN: http://ssrn.com/abstract=1920777

Contact Information

Robert D. Sloane (Contact Author)
Boston University - School of Law ( email )
765 Commonwealth Avenue
980B
Boston, MA 02215
United States
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