Boston University School of Law

 

RESPONSES TO THE TEN QUESTIONS

4. Is Curtiss-Wright's Characterization of Executive Power Correct?

The Puzzling Persistence of Curtiss-Wright-Based Theories of Executive Power

Robert D. Sloane

37 William Mitchell Law Review 5072 (2011)
Boston University School of Law Working Paper 11-38
(September 1, 2011)

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'scontroversial 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.

JEL Codes: K19, K33

Keywords: Curtiss-Wright, foreign relations, executive power, Presidency, national security

 

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Suggested Citation:

Robert D. Sloane, "Responses to the Ten Questions," 37 William Mitchell Law Review 5072 (2011).

Robert D. Sloane Contact Information

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215

rdsloane@bu.edu

Phone: (617) 358-4633

Fax: (617) 353-3077

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