Charles Tiefer

University of Baltimore - School of Law

1420 N. Charles Street

Baltimore, MD 21201

United States

SCHOLARLY PAPERS

33

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10

Scholarly Papers (33)

1.

The GATT Agreement on Government Procurement in Theory and Practice

University of Baltimore Law Review, Vol. 26, No. 3, 1997
Number of pages: 21 Posted: 22 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 99 (206,957)
Citation 1

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Uruguay Round GATT, Agreement on Government Procurement (AGP), federalism, "Buy America" Act, in-state suppliers, "fast track" , NAFTA, NASPO, free trade, international relations, congressional intent, Commerce Clause, market participant, state sovereignty, dual sovereignty

2.

No More Nisour Squares: Legal Control of Private Security Contractors in Iraq and After

Oregon Law Review, Vol. 88, No. 3, pp. 745-775, 2009, University of Baltimore School of Law Legal Studies Research Paper No. 2010-11
Number of pages: 33 Posted: 10 Oct 2010 Last Revised: 14 Oct 2010
Charles Tiefer
University of Baltimore - School of Law
Downloads 94 (182,883)

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Iraq war, private security contractors, Commission on Wartime Contracting, Blackwater Worldwide, Department of Defense, Department of State, contract law approach, private security injuries and abuses, U.S. Government, accountability issues, military

3.

Sino 301: How Congress Can Effectively Review Relations with China after WTO Accession

Cornell International Law Journal, Vol. 34, No. 1, 2001
Number of pages: 39 Posted: 18 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 68 (261,423)
Citation 1

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Section 301, China, Human-rights, World Trade Organization, WTO, Most Favored Nation, trade-relations, Tiananmen Square, antidumping, State-Owned Enterprise, Trade Liberalization, United States Trade Representative, USTR, relations with China

4.

Restrain 'Risky Business': Treat High-Risk Private Security Contractors as Inherently Governmental

Harvard Journal on Legislation, Vol. 50, 2013, pp. 209-237, University of Baltimore School of Law Legal Studies Research Paper No. , 2013-16
Number of pages: 30 Posted: 13 Jul 2013 Last Revised: 01 Oct 2013
Charles Tiefer
University of Baltimore - School of Law
Downloads 56 (259,493)

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PSC's, private security contractors, contracting law, governmental activities, combact activities, 'high-risk' activities, non-combat activities, war zones, outside contractors

5.

Congressional Oversight of the Clinton Administration and Congressional Procedure

Administrative Law Review, Vol. 50, No. 1, 1998
Number of pages: 19 Posted: 19 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 54 (305,467)
Citation 1

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Administrative Procedure Act (APA), congressional oversight, congressional review, agency, checks and balances, branches of government, positive political theory (PPT), committee, committee jurisdiction, Legislative Reorganization Act, Contract with American, Bosniagate, armed services, "riders"

6.

The Flag-Burning Controversy of 1989-1990: Congress' Valid Role in Constitutional Dialogue

Harvard Journal on Legislation, Vol. 29, No. 2, 1992
Number of pages: 42 Posted: 26 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 52 (213,727)

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Texas v. Johnson, flag burning, flag desecration, flag debate, constitutional law, Flag Protection Act, democratic process, separation of powers, checks and balances, United States v. Eichman, sovereignty defense, agenda-setting powers, United States v. O'Brien, draft card burning, symbolic speech

7.

Controlling Federal Agencies by Claims on Their Appropriations? The Takings Bill and the Power of the Purse

Yale Journal on Regulation, Vol. 13, No. 2, 1996
Number of pages: 35 Posted: 22 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 50 (295,749)

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Power of the purse, Principle of the Public Fisc., Principle of Appropriations, executive branch, Congressional appropriations power, constitutional law, government expenditures, checks and balances, separation of power, public funds

8.

Free Trade Agreements and the New Federalism

Minnesota Journal of Global Trade, Vol. 7, No. 1, 1998
Number of pages: 31 Posted: 22 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 49 (305,467)
Citation 2

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Free Trade Agreements, federalism, Japan Line, Barclays Bank, Separation of Powers, preemption, negotiations, Uruguay Round, NAFTA, international relations, Congress, Senate, "fast track", GATT, "one voice", dual sovereignty, states rights, Foreign Commerce Clause, Agreement on Government Procuremen

9.

Forfeiture by Cancellation or Termination

Mercer Law Review, Vol. 54, No. 3, pp. 1031-1080, Spring 2003
Number of pages: 50 Posted: 09 Jun 2010
Charles Tiefer
University of Baltimore - School of Law
Downloads 48 (300,560)

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contract law, cancellation, termination, forfeiture, terminations powers and conditions, employers, government, insurers, public contracts, private contracts, employment law, labor law

10.

Book Review: Limits of Law, Prerogatives of Power: Interventionism after Kosovo, by Michael J. Glennon

American Journal of International Law, Vol. 96, No. 2, April 2002
Number of pages: 6 Posted: 06 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 41 (332,802)

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Kosovo, NATO, Milosevic, Michael J. Glennon, United Nations, UN Charter, use of force, Serbia

11.

Congress's Transformative 'Republican Revolution' in 2001-2006 and the Future of One-Party Rule

Journal of Law and Politics, Vol. 23, p. 233, 2007
Number of pages: 51 Posted: 19 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 40 (332,802)

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President Bush, Congress, Republican, One-Party, Closed Rules, Tax Reform, Guantanamo, Democrats, Alito, bilibuster, colsture, budged process, conferences

12.

The Iraq Debacle: The Rise and Fall of Procurement-Aided Unilateralism as a Paradigm of Foreign War

University of Pennsylvania Journal of International Law, Vol. 29, No. 1, 2007
Number of pages: 58 Posted: 20 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 38 (344,824)

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Halliburton, Abu-Ghraib, Acquisition Reform, Unilateralism, Rumsfeld, Iraq, Procurement, checks and balances, unilateralism, contract waste, competitive contracting, reconstruction, "nation-buildling"

13.

The Reconceptualization of Legislative History in the Supreme Court

Wisconsin Law Review, p. 205, 2000
Number of pages: 74 Posted: 18 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 34 (341,709)
Citation 4

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Supreme Court, Scalia, Breyes, Stevens, textualism, legislative history, statutes, 'Busy Congress', Chevron, Austin/Hart, Searle, Conference Reports, Congressional intent, Congressional reports, statutory interpretation

14.

Can Appropriation Riders Speed Our Exit from Iraq?

Stanford Journal of International Law, Vol. 42, p. 291, 2006
Number of pages: 53 Posted: 11 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 32 (363,924)

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Pelosi, Rider, Bush, Iraq war, funding, withdrawal, separation of powers, foreign affairs, appropriations

15.

The Specially Investigated President

University of Chicago Law School Roundtable, Vol. 5, p. 143, 1998
Number of pages: 63 Posted: 26 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 30 (357,214)

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impeachment, Clinton, Bush, Iran-Contra, Independent Counsel, Department of Justice, Attorney General, Budget Accountability, Presidential Defense, separation of powers, specially investigated president, Morrison v. Olson, United States v. Nixon, committees, White House Counsel, National Security

16.

The Senate Impeachment Trial for President Clinton

Hofstra Law Review, Vol. 28, p. 407, 1999
Number of pages: 33 Posted: 22 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 30 (377,788)

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Clinton, Monica Lewinsky, cloture, filibuster, Senate, judicial impeachment, "passive Senate", Presidential impeachment, "specially investigated President", Clinton defenders, Clinton accusers, partisan, scandal, scandal fatigue, Rehnquist, Trent Lott, Tom Daschle, Iran-Contra, Whitewater

17.

How to Steal a Trillion: The Uses of Laws About Lawmaking in 2001

Journal of Law and Politics, Vol. 17, p. 409, 2001
Number of pages: 80 Posted: 17 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 29 (357,214)
Citation 1

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Laws about lawmaking, Chadha, 1.3 Trillion Tax Cut, Reforming Budget Act, Trade Fast Track Renewal, Ergonomics Rule, CRA, Dalton v. Spector, Campaign Finance Reform, Balance of Power, Checks and Balances

18.

War Decisions in the Late 1990s by Partial Congressional Declaration

San Diego Law Review, Vol. 36, No. 1, 1999
Number of pages: 39 Posted: 23 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 29 (370,776)

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Bosnia, Iraq, Gulf War, Clinton, Bush, INS v. Chada, Youngstown v. Sawyer, 'zone of twilight," Justice Jackson, Senate, House, Dayton Accords, Cold War, Functionalism, Formalism, international, military, enactment, war powers, Declaration of War Clause

19.

'Alongside' the Fast Track: Environmental and Labor Issues in FTAA

Minnesota Journal of Global Trade, Vol. 7, No. 2, 1998
Number of pages: 45 Posted: 19 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 28 (396,811)

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Fast track, Free Trade Area of the Americas (FTAA), environmental issues, labor issues, NAFTA, WTO, "trade constitution", The Trade Act, "alongside" orientation, trade-relatedness, Chile, MERCOSUR, sanctions, unilateral trade, tariffs, Tuna/Dolphin, International Labor Organization, General System

20.

Could This Train Make It Through: The Law and Strategy of the Gold Train Case

Yale Human Rights and Development Law Journal, Vol. 15, 2012, pp. 129-154
Number of pages: 26 Posted: 25 Jul 2013
Charles Tiefer, Jonathan W. Cuneo and Annie Reiner
University of Baltimore - School of Law, Cuneo, Gilbert & LaDuca, LLP and Cuneo, Gilbert & LaDuca, LLP
Downloads 22 (396,811)

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Gold Train case, Nazi Germany, Hungarian Jews, Holocaust, Rosner v. United States, human rights victims, class actions, U.S. Army, constitutional law, Fifth Amendment, wrongful injury, public sympathy

21.

Adjusting Sovereignty: Contemporary Congressional-Executive Controversies About International Organizations

Texas International Law Journal, Vol. 35, p. 239, 2000
Number of pages: 26 Posted: 22 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 22 (413,662)

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IMF expansion, Key House Banking Committee, U.N. peacekeeping operations, "killer amendments", H.R. 1757, U.N. Charter Article 9, Bosnia, Iraq, NATO, Kosovo, NAFTA, international relations, delays, IMF expansion, "Voice and Vote", Fast Track , pro-engagement, sovereignty

22.

Treatment for Medicare's Budget: Quick Operation or Long-Term Care?

St. Louis University Public Law Review, Vol. 16, No. 1, 1996
Number of pages: 25 Posted: 22 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 20 (442,784)

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Medicare, budget, Fiscal Constitution, 1997-1998 Medicare resolution, Budge Enforcement Act, Congressional Budget and Impoundment Control Act (CBA), hospital fund, beneficiaries, Social Security reform, healthcare, "Baby Boomers", 105th Congress, Cost Reduction, President Clinton

23.

Risky Business: Medicare's Vulnerability to Selection Games of Managed Care Providers

University of Baltimore Law Review, Vol. 28, 1999
Number of pages: 19 Posted: 14 Feb 2009 Last Revised: 18 Feb 2009
Charles Tiefer and Heather Lee Akehurst-Krause
University of Baltimore - School of Law and affiliation not provided to SSRN
Downloads 20 (447,952)

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Medicare, Medicaid, MCO, Managed Care Organizations (MCO), Balanced Budget Act, risk adjustment, False Claims Act, Social Security Act, Medicare Choice, risk-selection, selection bias, physician, AAPCC, fraud, false certification

24.

Comparing Alternative Approaches About Congress's Role in Constitutional Law

University of Richmond Law Review, Vol. 34, p. 489, 2000
Number of pages: 20 Posted: 13 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 20 (427,652)

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constitutional law, court-centered, populist, Mark Tushnet, Roe v. Wade, Competition in Contracting Act of 1984 (CICA), political dynamics, Taking the Constitution Away from the Courts, Congress, Parliament, Peter Shane, judicial review, Congressional record, Congressional hearings

25.

Zoning Regulation of Adult Theaters (Student Case Comment on Young v. American Mini Theaters, 96 S. Ct. 2440 (1976))

Harvard Law Review, Vol. 90, No. 1, pp. 196-205, 1976
Number of pages: 10 Posted: 26 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 19 (432,544)

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Young v. American Mini Theaters, Inc., freedom of speech, freedom of expression, First Amendment, obscenity, sexually explicit content, content-based restrictions, symbolic speech, protected speech, Cohen v. California, United States v. O'Brien, "categorization" approach, libel, commercial speech

26.

Letting Federal Unions Protest Improper Contracting-Out

Cornell Journal of Law and Public Policy, Vol. 10, p. 581, 2001
Number of pages: 20 Posted: 26 Feb 2009
Charles Tiefer and Jennifer Ferragut
University of Baltimore - School of Law and affiliation not provided to SSRN
Downloads 18 (422,795)

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Protests, Federal Union Employees, Contracting-out, GAO, Zone of Interest, FAIR Act, standing, AFGE v. U.S., In re RCA Service Company, National Federation of Federal Employees v. Cheney, procedure

27.

Can Congress Make a President Step Up a War?

Louisiana Law Review, Vol. 71, 2011, pp. 391-449
Number of pages: 59 Posted: 13 Jul 2013
Charles Tiefer
University of Baltimore - School of Law
Downloads 16 (442,784)

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U.S. Congress, President, appropriation power, spending power, war-related appropriation riders, presidential politics, war powers, separation of powers

28.

Did Eastern Enterprises Send Enterprise Responsibility South?

Alabama Law Review, Vol. 51, p. 1305, 2000
Number of pages: 23 Posted: 19 Feb 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 15 (447,952)

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Eastern Enterprises, liability, retroactivity, highly aggravated retroactivity, Lochner, CERCLA, pay ceilings, cost reimbursement contracts, civil retroactivity, reach back, contract-based principle, tort-based, takings, prospectivity, Coal Act, enterprise responsibility

29.

The Senate and House Counsel Offices: Dilemmas of Representing in Court the Institutional Congressional Client

Law and Contemporary Problems, Vol. 61, No. 2, 1998
Number of pages: 18 Posted: 19 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 12 (458,491)

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Senate, Congress, Independent counsel, DOJ, legislative vetos, INS v. Chada, Whitewater, partisan interests, institutional interests, pocket-veto, filibuster, Speech or Debate Clause

30.

The Controversial Transition Process from Investigating the President to Impeaching Him

St. John's Journal of Legal Commentary, Vol. 14, p. 111, 1999
Number of pages: 25 Posted: 19 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 11 (458,491)

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impeachment, "specially investigated president," President Clinton, Kenneth Starr, Independent Counsel, House Judiciary Committee, Monica Lewinsky, Jones v. Clinton, Linda Tripp, perjury, Impeachment Clause

31.

SWANCC: Constitutional Swan Song for Environmental Laws or No More than a Swipe at Their Sweep?

Environmental Law Reporter, Vol. 31, p. 11493, December 2001
Number of pages: 6 Posted: 07 Mar 2009
Charles Tiefer
University of Baltimore - School of Law
Downloads 7 (484,597)

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SWANCC, Rehnquist, O'Conner, Environmental Species Act, CERCLA, statutory interpretation, Commerce Clause, "migratory bird rule", wetlands, environmental law, commercial, wetlands, United States v. Lopez,

32.

Can the President and Congress Establish a Legislative Veto Mechanism for Jointly Drawing Down a Long and Controversial War?

Journal of National Security Law & Policy, Vol. 6, No. 1, 2012, pp. 131-166.
Number of pages: 36 Posted: 27 Sep 2014
Charles Tiefer
University of Baltimore - School of Law
Downloads 6 (484,597)

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war powers, President, Congress, legislative veto mechanism, authorization to fight, drawdown, bicameral resolution, separation of powers, legislation,

33.

Congressional and Presidential War Powers as a Dialogue Analysis of the Syrian and Isis Conflicts

Cornell International Law Journal, Forthcoming, Washington University in St. Louis Legal Studies Research Paper No. 16-07-06
Number of pages: 32 Posted: 21 Jul 2016
Kathleen Clark and Charles Tiefer
Washington University in St. Louis - School of Law and University of Baltimore - School of Law
Downloads 0 (243,200)

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president, executive, legislative, constitutional law, statutory interpretation, Article II, national security, separation of powers, use of force, war powers, armed conflict, Congress