New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Department of Health and Mental Hygiene
New York Court of Appeals Affirms Invalidation of Soda-Portion Cap.
Vol. 128 No. 5
Separation of Powers
The Means of Constitutional Power
Vol. 128 No. 1
The Supreme Court has always had a lot to say about the means used to implement the Constitution. I do not refer to headline-grabbing...
National Collegiate Athletic Ass’n v. Governor of New Jersey
Third Circuit Holds that PASPA Is an Appropriate Exercise of Congressional Power.
Vol. 127 No. 7
Zivotofsky v. Secretary of State
D.C. Circuit Holds that Recognition of Foreign Governments Is an Exclusive Executive Power.
Vol. 127 No. 7
The Puzzling Presumption of Reviewability
When can courts review agency action?
Vol. 127 No. 5
Partisan Federalism
Examining the interaction of party politics and federalism
Vol. 127 No. 4
The Senate and the Recess Appointments
Vol. 127 No. 1
Introduction The Senate and the President have sparred over recess appointments for nearly a decade, and the Supreme Court is poised to weigh in....
A Reply to Professor Katyal
Responding to Neal Kumar Katyal, Stochastic Constraint, 126 Harv. L. Rev. 990 (2013)
Response to Stochastic Constraint
Vol. 126 No. 4
Recess Appointments and Precautionary Constitutionalism
Vol. 126 No. 4
According to Article II, Section 2, Clause 3 of the U.S. Constitution (sometimes referred to as the "Recess Appointments Clause"), "The President shall have...
Stochastic Constraint
A critique of Professor Goldsmith's defense of the adequacy of current institutional limits on executive power
Vol. 126 No. 4