Separation of Powers
Enforcement Lawmaking and Judicial Review
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansion:…
Executive Power
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Administrative Procedure Act
From Presidential Administration to Bureaucratic Dictatorship
I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review.Professor, Rutgers Law School, The State University of New Jersey. The author received funding from…
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Administrative Law
Presidential Primacy Amidst Democratic Decline
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Freedom of Information Act
U.S. Fish & Wildlife Service v. Sierra Club
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Common-Good Constitutionalism
In re Abbott
Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.
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International Agreements
The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis
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Constitutional Law
The Age of the Winning Executive: The Case of Donald J. Trump
Responding to Michael J. Klarman, The Degradation of American Democracy — And the Court
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Federal Courts
Adjudication Outside Article III
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Administrative Law
Indigenous Environmental Network v. Department of State
Montana District Court Holds State Department’s National Interest Determination for Keystone XL Pipeline Violated APA by Disregarding Prior Factual Findings.
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Constitutional Law
Faithful Execution and Article II