Constitutional Arrogance
My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance—to take… Continue reading →
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Balance‐of‐Powers Arguments, the Structural Constitution, and the Problem of Executive “Underenforcement”
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 →
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Legal Limits and the Implementation of the Affordable Care Act
Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →
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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 →
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Corporate Law Doctrine and the Legacy of American Legal Realism
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →
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Realism and Revolution in Conflict of Laws: In With a Bang and Out With a Whimper
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… Continue reading →
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"Looking Backward" to 1938
It is a pleasure to contribute to this celebration of the seventy-fifth anniversary of the Federal Rules. As one who… Continue reading →
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Selling State Borders
The relationship between state sovereignty and state territory in the United States is more complex, interesting, and unstable than the… Continue reading →
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The First Disestablishment: Limits on Church Power and Property Before the Civil War
The rights and responsibilities of religious institutions are hotly debated in the early twenty-first century. Liberal separationists argue that religious… Continue reading →
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The Next Generation Communications Privacy Act
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to regulate government access to Internet communications and records. ECPA… Continue reading →