Don’t Forget Congress When Assigning Blame: Thoughts on Trump v. Hawaii
In the aftermath of the Supreme Court's decision in Trump v. Hawaii, the travel ban or Muslim ban case, it is unfortunately necessary to...
Executive Power
Presidential Norms and Article II
Vol. 131 No. 8
The nature of the presidency cannot be understood without reference to norms. The written provisions of our constitutional structure do not, by themselves, offer...
Reconstructing the Administrative State in an Era of Economic and Democratic Crisis
Vol. 131 No. 6
Speaking at Yale Law School in 1938, Dean James Landis offered a powerful defense of President Franklin Roosevelt’s New Deal, and in particular its...
Presidential Control Over International Law
Vol. 131 No. 5
Presidents have come to dominate the making, interpretation, and termination of international law for the United States. Often without specific congressional concurrence, and sometimes...
Immigration Enforcement Under Trump: A Loose Cannon
The Trump administration’s immigration enforcement policy is a loose cannon, targeting noncitizens who have long been protected under prosecutorial discretion. The President has unleashed...
Will the Federal Judiciary Remain a Check and Balance After Trump?
Donald J. Trump is no stranger to the power of judges. As a businessman, he bragged about how he used lawsuits to protect his...
Tweets on Transgender Military Servicemembers
In Tweets, President Purports to Ban Transgender Servicemembers.
Vol. 131 No. 3
The Looming Battle over the Antiquities Act
On December 4, 2017, President Trump announced his long-anticipated decisions to shrink two major national monuments in southern Utah. Trump shrunk the Bears Ears...
Repealing Net Neutrality, National Security, and the Road to a Dictatorial Internet
On Thursday, December 15, 2017, the Federal Communications Commission (FCC) voted to repeal the Open Internet Order, often referred to as “net neutrality.” This...
Making Sense of the National Monuments Conflict
The environmental community has been waiting for a shoe to drop ever since April 26th, when President Trump issued Executive Order 13792. The Order...