State of the Netherlands v. Urgenda Foundation
Hague Court of Appeal Requires Dutch Government to Meet Greenhouse Gas Emissions Reductions By 2020.
Vol. 132 No. 7
Separation of Powers
The “Guarantee” Clause
Vol. 132 No. 2
Article IV’s command that “the United States shall guarantee to every State in this Union a Republican Form of Government” stands as one of...
To End a (Republican) Presidency
Vol. 132 No. 2
I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are by their nature political proceedings, conducted by political institutions...
Ortiz v. United States
Vol. 132 No. 1
There are two ways to get to the Supreme Court. Under Article III, a small set of cases qualify for the Court’s original jurisdiction,...
Patchak v. Zinke
Vol. 132 No. 1
The suggestion that “‘the judicial Power of the United States . . . can no more be shared’ with another branch than ‘the Chief Executive, for example,...
Statements and Standards in Trump v. Hawaii
On Tuesday, the Supreme Court sided with the Trump Administration in Trump v. Hawaii, the challenge to the third iteration of the President’s travel...
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...
The Overlooked Legal Challenge to Trump’s Travel Ban
The third version of the Travel Ban (“EO-3”)—also known as the Muslim Ban—added two non-Muslim countries to the list, but that by no means...
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...