Removal Rehashed
Response to The Executive Power of Removal
Vol. 136 No. 7
Introduction We are grateful to the Harvard Law Review Forum for the chance to respond in these pages to The Executive Power of Removal....
Executive Power
The Executive Power of Removal
Vol. 136 No. 7
Abstract Whether the Constitution grants the President a removal power is a longstanding, far-reaching, and hotly contested question. Based on new materials from the...
Separation of Powers and Thuraissigiam: The Entry Fiction as Judicial Aggrandizement
Vol. 136 No. 3
In Department of Homeland Security v. Thuraissigiam, the Supreme Court rejected Vijayakumar Thuraissigiam’s challenge to the procedurally threadbare “expedited removal” he faced. The Court...
Courts in Name Only: Repairing America’s Immigration Adjudication System
Vol. 136 No. 3
Introduction In recent years, immigration has risen to the top of America’s collective consciousness. From President Trump’s infamous “Muslim ban” to the separation of...
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
Enforcement Lawmaking and Judicial Review
Vol. 135 No. 4
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of...
From Presidential Administration to Bureaucratic Dictatorship
Response to Structural Deregulation
Vol. 135 No. 2
I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review. Seventy-five years ago, President Harry Truman signed the...
Structural Deregulation
Vol. 135 No. 2
Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of...
Presidential Primacy Amidst Democratic Decline
Response to Regime Change
Vol. 135 No. 1
Especially I want to show that it could be different, that it was different, and that there are alternatives. — Natalie Zemon Davis Fifty...
U.S. Fish & Wildlife Service v. Sierra Club
Vol. 135 No. 1
Although “[s]unlight is said to be the best of disinfectants,” too much “sunlight” can be harmful. This tension has long undergirded the Freedom of...