Agency Self-Insulation Under Presidential Review
Many agencies face not only judicial review but also presidential review, and have self-insulated their decisions in unexplored ways.
May 2013
Many agencies face not only judicial review but also presidential review, and have self-insulated their decisions in unexplored ways.
An analysis of competing histories of the origins of international human rights law
Fourth Circuit Denies Forum to Sex Offender with Actual Innocence Claim.
Fourth Circuit Holds that Statutes Prohibiting the Unauthorized Wearing of a Military Uniform or Military Medals Do Not Violate the First Amendment.
Ninth Circuit Avoids Constitutional Question, Holding that Ministers Did Not State a Claim that Church of Scientology Violated Trafficking Victims Protection Act.
Eleventh Circuit Holds that a Public Employee Whose Statutory Duties Are Identical to Her Superiors’ May Be Terminated for Political Candidacy in Opposition to Her Eventual Superior.
Ninth Circuit Affirms that Courts Must Consider Aggravating Impact of Evidence when Evaluating Claims of Ineffective Assistance of Counsel.
Responding to Philip Alston, Does the Past Matter? On the Origins of Human Rights, 126 Harv. L. Rev. 2043 (2013)
Responding to Lior Jacob Strahilevitz, Toward a Positive Theory of Privacy Law, 126 Harv. L. Rev. 2010 (2013)
Responding to Neil M. Richards, The Dangers of Surveillance, 126 Harv. L. Rev. 1934 (2013)