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Deference to the Executive in the United States after 9/11: Congress, the Courts, and the Office of Legal Counsel

https://doi.org/10.2139/ssrn.1932393
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12/12 checkable references clean · checked 2026-08-27

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

18 without a DOI — not checked. A reference deposited without a DOI is never matched by title or guessed at; it stays outside the checked set, and this line discloses that.

The 12 checked references that resolve
resolves10.1163/9789004375130_006
The Goatherd’s Cup (Theoc. Id. 1.27–60)
resolves10.1163/2211-4394_rwilwo_ilwo_iid19d
International Law & World Order: Weston's & Carlson's Basic Documents II.D.19d United Nations Security Council Resolutions 2101 (On Côte d'Ivoire Arms Embargo). Signed and entered into force 25 April 2013. Available at http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2101(2013); SC Res 2101, UN SCOR, 6953rd mtg, UN Doc S/RES/2101 (2013).
resolves10.2139/ssrn.1840925
Constitutional Amendment Rules: The Denominator Problem
resolves10.4337/9780857931214.00012
Constitutional Amendment Rules: A Comparative Perspective
resolves10.2139/ssrn.1833743
Weak-Form Judicial Review and American Exceptionalism
resolves10.2139/ssrn.1840963
Transnational Constitutionalism and Unconstitutional Constitutional Amendments
resolves10.1007/s10982-011-9104-3
Naturalized Jurisprudence and American Legal Realism Revisited
resolves10.2139/ssrn.1879555
Rhetoric and Reality in Early American Legal History: A Reply to Gordon Wood
resolves10.1017/cbo9781139381260.006
International court case study: European Court of Human Rights
resolves10.2139/ssrn.1920441
Regulation, Unemployment, and Cost-Benefit Analysis
resolves10.4337/9780857931214
Comparative Constitutional Law
resolves10.2139/ssrn.1932393
Deference to the Executive in the United States after 9/11: Congress, the Courts, and the Office of Legal Counsel
The 18 references without a DOI — listed, not checked
no DOI — not checkedref1
no DOI — not checkedref2
no DOI — not checkedDuring the George W. Bush administration, OLC took aggressive positions on a range of issues, including the use of coercive interrogation (despite a statute that banned torture) and warrantless surveillance (despite a statute that restricted surveillance). 39 OLC opinions relied heavily on the constitutional authority of the executive, using it to justify narrow interpretations of the statutes. Subsequently, OLC withdrew these memos. Let us now turn to the Libya intervention
no DOI — not checkedref4
no DOI — not checkedProposed Deployment of Troops into Bosnia
no DOI — not checkedAuthorization for Continuing Hostilities in Kosovo
no DOI — not checkedCounsel to the President, Re: Standards of Conduct for Interrogation under 18
no DOI — not checkedLegal Counsel, Authority to Use Military Force in Libya
no DOI — not checkedref10
no DOI — not checkedref11
no DOI — not checkedTop Lawyers Lost to Obama in Libya War Policy Debate
no DOI — not checkedReconsidering Racial and Partisan Gerrymandering
no DOI — not checkedref21
no DOI — not checkedref22
no DOI — not checkedRadical Throught from Marx, Nietzsche, and Freud, through Foucault, to the Present: Comments on Steven Lukes
no DOI — not checkedref25
no DOI — not checkedref28
no DOI — not checkedref29
What this badge says. CiteStamped means the CHECKABLE references of this work were clean at the dated check: each resolved to a known work in a public registry, and none carried a retraction notice at that time. It says nothing about the quality, findings, or importance of the work itself, and nothing about references deposited without a DOI.

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