bin Ali Jaber v. United States
D.C. Circuit Holds Statutory Challenge to Drone Strike is Nonjusticiable.
Vol. 131 No. 5
Separation of Powers
The President’s Duty to Defend Against Cyber-Attacks
Recent developments in the ongoing investigations into Russian meddling in the 2016 elections have raised interesting questions about the obligations of the current President...
President Trump, #MeToo, and Congressional Power
Does Congress have the power to investigate the allegations of sexual misconduct against President Trump, as Senator Kirsten Gillibrand recently demanded? Could Congress impeach...
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...
Into the Redistricting Woods
This post is the first in a series about the redistricting cases moving through the courts. In the Spring of 2013, two prominent election...
Robins v. Spokeo, Inc.
Ninth Circuit Allows Fair Credit Reporting Act Class Action to Proceed Past Standing Challenge.
Vol. 131 No. 3
The Endgame of Administrative Law: Governmental Disobedience and the Judicial Contempt Power
Vol. 131 No. 3
Scholars of administrative law focus overwhelmingly on lawsuits to review federal government action while assuming that, if plaintiffs win such lawsuits, the government will...
State Attorneys General And the Battle Against Federal Agency Overreach
Federal agencies overstepping their statutory and constitutional authorities, in order to aggregate power to the Executive Branch, has become an issue of especial concern...
Statements on Signing the Countering America’s Adversaries Through Sanctions Act
President Trump Objects to Act Imposing Sanctions on Russia and Congressional Review of Presidential Waivers.
Vol. 131 No. 2
Equality, Sovereignty, and the Family in Morales-Santana
Vol. 131 No. 1
In Sessions v. Morales-Santana, the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of...