Separation-of-Powers Suits in the Post-Trump Era
Introduction Professor Payvand Ahdout’s article, Enforcement Lawmaking and Judicial Review, makes a powerful case that, contrary to the views of many scholars, federal courts...
Separation of Powers
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...
United States v. Arthrex, Inc.
Vol. 135 No. 1
Thirty-three years ago, in Morrison v. Olson, the Supreme Court announced a loose, functionalist test for distinguishing between “principal” and “inferior” “Officers of the...
TransUnion v. Ramirez
Vol. 135 No. 1
To bring a lawsuit in federal court, a plaintiff must have Article III standing. While commentators perceived federal courts as having generally made it...
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...
Regime Change
Vol. 135 No. 1
Introduction On the last day of oral argument this Term, in an atypical May convening, the Justices of the Supreme Court grappled with how...
Making Immigration Law
Vol. 134 No. 8
Introduction Every scholar, writer, and observer must strive constantly to balance knowing something very well and not letting that knowledge be so confining that...
The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis
Vol. 134 No. 2
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...
McGirt v. Oklahoma
Vol. 134 No. 1
“On the far end of the Trail of Tears [were] promise[s].” Much of federal Indian law jurisprudence is about whether promises to Indian tribes...
Trump v. Mazars USA, LLP
Vol. 134 No. 1
President Trump has shown unprecedented resistance to congressional oversight. Recently, he enlisted the Supreme Court as a referee. Last Term, in Trump v. Mazars...