Separation of Powers - Page 5 of 13

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

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

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...

Indian Law Leading Case

McGirt v. Oklahoma

Vol. 134 No. 1 November 2020 “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...

Congress Leading Case

Trump v. Mazars USA, LLP

Vol. 134 No. 1 November 2020 President Trump has shown unprecedented resistance to congressional oversight. Recently, he enlisted the Supreme Court as a referee. Last Term, in Trump v. Mazars...

Employment Law Case Comment

Vol. 134 No. 1 November 2020 Introduction The academic indictment of textualism was almost in. Although textualism has in recent decades gained considerable prominence within the federal judiciary, legal scholars...

Tara Leigh Grove

Federal Courts Articles

Adjudication Outside Article III

Vol. 133 No. 5 March 2020 Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary....

William Baude

Eighth Amendment Recent Case

Martin v. City of Boise

Ninth Circuit Refuses to Reconsider Invalidation of Ordinances Completely Banning Sleeping and Camping in Public.

Vol. 133 No. 2 December 2019

Federal Courts Recent Case

Sims v. Hyatte

Seventh Circuit Grants Habeas Relief Under 28 U.S.C. § 2254(d) to Petitioner Alleging Brady Violation Due to Hidden Evidence of Witness Hypnosis.

Vol. 133 No. 2 December 2019