What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
Article
-
-
Constitutional Theory and the Problem of Disagreement
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →
-
Governing by Assignment
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →
-
The Past and Persistence of Private Prosecution
Criminal law is typically understood as the exclusive province of the government. Conventional wisdom holds that crime harms the public… Continue reading →
-
“Mistakes” In War
In 2015, the United States military struck a hospital in Afghanistan run by Médecins Sans Frontières, killing forty-two staff and… Continue reading →
-
(Sub)Delegating National Security Powers
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these… Continue reading →
-
The President’s Authority Over Cross-Border Data Flows
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because… Continue reading →
-
Economic Security and the Separation of Powers
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign… Continue reading →
-
Sanctions and the Emergency Constitution
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the… Continue reading →
-
The Organs of U.S. Foreign Affairs
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and… Continue reading →