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 →
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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 →
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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 →
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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 →
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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 →
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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 →
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Measuring In Absentia Removal in Immigration Court
No academic study has empirically analyzed decisions by United States immigration judges to deport noncitizens without first providing them a… Continue reading →
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The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
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The Recommendations Clause and the President’s Role in Legislation
Article II, Section 3 of the Constitution is the source of the President’s recommending function, stating that the President “shall… Continue reading →
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The Specification Power
When agencies implement their statutes, administrative law doctrine describes what they do as interpretation. This raises the question of how… Continue reading →