Volume 122 Issue 8
The Conservative Insurgency and Presidential Power: A Developmental Perspective on the Unitary Executive
Preferences, Laws, and Default Rules
Debating whether courts can and should use current enactable preferences as default rules
Strict Scrutiny in the Middle Forum
The Mysteries of the Congressional Review Act
On Enforcing Viral Terms
Child Pornography, the Internet, and the Challenge of Updating Statutory Terms
Media Incentives and National Security Secrets
Bryant v. Gates
D.C. Circuit Upholds Access Restrictions to Military-Run Newspapers on Forum Analysis Grounds.
Hersh v. United States ex rel. Mukasey
Fifth Circuit Applies Doctrine of Constitutional Avoidance to Uphold Attorney Speech Restrictions in Bankruptcy Code.
Free Enterprise Fund v. Public Co. Accounting Oversight Board
D.C. Circuit Holds that the SEC Chairman Is Not the "Head" of the SEC.
Metropolitan Taxicab Board of Trade v. City of New York
Southern District of New York Holds that New York City Hybrid Taxi Regulations Are Likely Preempted by the EPCA.
The Constitutional Legitimacy of Freestanding Federalism
Responding to John F. Manning, Federalism and the Generality Problem in Constitutional Interpretation, 122 Harv. L. Rev. 2003 (2009)