Response to Structural Logics of Presidential Disqualification
Vol. 138 No. 6 Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...
Response to The Demise of Deference — And the Rise of Delegation to Interpret?
Vol. 138 No. 3 [I]t was morning, and lo! now it is evening, and nothing memorable is accomplished. — Henry David Thoreau The writing was on the wall,...
Vol. 138 No. 1 The expansion of the administrative state since the New Deal has raised significant questions about the relationship between the three branches of government. A...
Vol. 137 No. 8 Abstract Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and...
Response to Community Financial Services and the Intramural Debate over Novelty and Tradition
My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s...
Vol. 137 No. 7 On the penultimate day of its October 2019 Term, the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, declaring that the...
