Boston University School of Law



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)


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
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Boston, MA 02215

Phone: (617) 358-4633

Fax: (617) 353-3077

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