Illiberal Law in American Courts
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
Article
-
-
The Congressional Bureaucracy
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
-
The Defender General
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →
-
Surveilling and Then Shooting the Messenger: Intermediaries, Gag Orders, and the First Amendment
In the context of domestic criminal surveillance, law enforcement agencies have historically relied on the practice of obtaining user information… Continue reading →
-
The Executive Power Clause
Article II of the Constitution vests “the executive power” in the President. Advocates of presidential power have long claimed that… Continue reading →
-
Rate Regulation Redux
Rather than quietly revive cost-of-service rate regulation, this Article argues that FERC should simplify reserve requirements, stop counteracting state clean… Continue reading →
-
Copyright as Legal Process: The Transformation of American Copyright Law
American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as… Continue reading →
-
The Frailty of Disability Rights
Whoever said pandemics were equalizers doesn’t know a thing about disability legal history. It does not take much of a… Continue reading →
-
The Imperial Treaty Power
Modern debates over the scope of federal treaty-making power are framed by histories written at the turn of the last… Continue reading →
-
Presidential Laws and the Missing Interpretive Theory
There is something missing in interpretive theory. Recent controversies—involving, for example, the first travel ban and funding for sanctuary cities—demonstrate… Continue reading →