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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 →

It is a pleasure to contribute to this celebration of the seventy-fifth anniversary of the Federal Rules. As one who… Continue reading →

The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →

Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →