Governing by Assignment
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →
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The Past and Persistence of Private Prosecution
Criminal law is typically understood as the exclusive province of the government. Conventional wisdom holds that crime harms the public… Continue reading →
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“Mistakes” In War
In 2015, the United States military struck a hospital in Afghanistan run by Médecins Sans Frontières, killing forty-two staff and… Continue reading →
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(Sub)Delegating National Security Powers
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these… Continue reading →
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The President’s Authority Over Cross-Border Data Flows
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because… Continue reading →
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Economic Security and the Separation of Powers
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign… Continue reading →
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Sanctions and the Emergency Constitution
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the… Continue reading →
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The Organs of U.S. Foreign Affairs
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and… Continue reading →
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Major Questions About International Agreements
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory… Continue reading →
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Foreign Affairs, Nondelegation, and Original Meaning: Congress’s Delegation of Power to Lay Embargoes in 1794
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →