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The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by… Continue reading →

This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →

In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →

Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a… Continue reading →

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of… Continue reading →

Within the same immigration court, some immigration judges are up to three times more likely than their colleagues to order… Continue reading →

What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement… Continue reading →

In the modern era, the executive branch has extraordinary information‐gathering advantages over the legislative and judicial branches. As a result,… Continue reading →

My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance—to take… Continue reading →

Balance‐of‐powers arguments are ubiquitous in judicial opinions and academic articles that address separation‐of‐powers disputes over the President’s removal authority, power… Continue reading →