Faithful Execution and Enforcement Discretion
This Article uses Deferred Action for Parents of Americans and Lawful Permanent Resident program (DAPA) to explore the tension between… Continue reading →
This Article uses Deferred Action for Parents of Americans and Lawful Permanent Resident program (DAPA) to explore the tension between… 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 →
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… Continue reading →
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →