Separation of Powers

Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past

• Josh Chafetz

Association of American Railroads v. Department of Transportation

D.C. Circuit Invalidates Passenger Rail Investment and Improvement Act Because of Appointment Procedure for Arbitrator.

United States v. Fokker Services B.V.

D.C. Circuit Holds that Courts May Not Reject Deferred-Prosecution Agreements Based on Inadequacy of Charging Decisions or Agreement Conditions.

Charming Betsy and the Intellectual Property Provisions of Trade Agreements

Bank Markazi v. Peterson

Tribal Executive Branches: A Path to Tribal Constitutional Reform

In re al-Nashiri

D.C. Circuit Furthers Uncertainty in Appointments Clause Test for Executive Branch Reassignments.

Wellness International Network, Ltd. v. Sharif

Zivotofsky II as Precedent in the Executive Branch

• Jack L. Goldsmith

Consent Procedures and American Federalism

When state participation in federal programs is determined by the mechanism for signing up

• Bridget A. Fahey