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In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods… Continue reading →

An exploration into the roots and ends of Administration. Continue reading →

How can the nondelegation doctrine still exist when the Court over decades has approved so many pieces of legislation with… Continue reading →

“Presidential constitutionalism” has a distinctive origin in the duties of the President laid out in the Constitution. This article will… Continue reading →

To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →

Important doctrines in diverse areas of law employ structured decision procedures requiring, in rough terms, that the plaintiff first make… Continue reading →

Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →

The Indian Child Welfare Act provides important procedural protections for American Indian children, the parents of American Indian children, tribes,… Continue reading →

A foundational question in every dispute over intellectual property is whether the defendant’s product is too similar to the plaintiff’s.… Continue reading →