Electronic Resource

Examines views of Supreme Court nominee Elena Kagan on defamation and the First Amendment, in light of New York Times v. Sullivan, in which Supreme Court overturned a libel judgment against civil rights activists for their criticism of actions and policies by Government officials, and required plaintiffs to prove by clear and convincing evidence that the defendant had acted with actual malice.

Examines views of Supreme Court nominee Elena Kagan on executive power and the doctrine of separation of powers, highlighting her 2001 Harvard Law Review article Presidential Administration, in which she sets forth her theory of the same name.

Analyzes article written by Supreme Court nominee Elena Kagan and David J. Barron regarding the nondelegation doctrine and the seminal administrative law case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. Provides overview of administrative law concepts covered in the article, and discusses reactions to and considerations of its propositions.