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Harvard Law Review Topics Page 4

Executive Power

Administrative Law Articles

Structural Deregulation

Vol. 135 No. 2 December 2021 Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of...
  • Jody Freeman
  • Sharon Jacobs
Administrative Law Response

Presidential Primacy Amidst Democratic Decline

Response to Regime Change
Vol. 135 No. 1 November 2021 Especially I want to show that it could be different, that it was different, and that there are alternatives. — Natalie Zemon Davis Fifty...
  • Ashraf Ahmed
  • Karen M. Tani
Freedom of Information Act Leading Case

U.S. Fish & Wildlife Service v. Sierra Club

Vol. 135 No. 1 November 2021 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...
Administrative Law Foreword

Regime Change

Vol. 135 No. 1 November 2021 Introduction On the last day of oral argument this Term, in an atypical May convening, the Justices of the Supreme Court grappled with how...
  • Cristina M. Rodríguez
Article II Notes

The President’s Conditional Pardon Power

Vol. 134 No. 8 June 2021 The President’s pardon power is a near-blank check hidden among the Constitution’s checks and balances. Despite substantial hand-wringing about possible abuses of the power,...
Immigration Law Book Review

Making Immigration Law

Vol. 134 No. 8 June 2021 Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
  • Hiroshi Motomura
Abortion Law Recent Case

In re Abbott

Fifth Circuit Upholds Abortion Restrictions During COVID-19 Pandemic.

Vol. 134 No. 3 January 2021
Administrative Law Notes

Nondelegation’s Unprincipled Foreign Affairs Exceptionalism

Vol. 134 No. 3 January 2021 In their efforts to restrain the administrative state, the Supreme Court’s conservative Justices face a quandary: The source of administrative agencies’ power — statutory...
Executive Power Articles

The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis

Vol. 134 No. 2 December 2020 This Article is accompanied by a set of data visualizations, developed in collaboration with TWO-N, that are available here. The Constitution specifies only one...
  • Jack L. Goldsmith
  • Curtis A. Bradley
  • Oona A. Hathaway
Constitutional Law Response

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

Response to The Degradation of American Democracy — And the Court
Vol. 134 No. 1 December 2020
  • Saikrishna Bangalore Prakash
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