Helping Innocent Defendants in High-Stakes Cases
Professor Thomas proposes an even more radical change of our system that that presented by Bowers’ article—where specially-appointed magistrates, deemed… Continue reading →
Search results for: “Article”
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Guilty Pleas and Submarkets
Professor Wright believes that, instead of viewing “defendants” and “prosecutors” as parts of one global market, it would do better… Continue reading →
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Foreign Affairs, Nondelegation, and Original Meaning: Congress’s Delegation of Power to Lay Embargoes in 1794
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →
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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 →
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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 →
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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 →
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(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 →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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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 →
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Events
Save the Date: Continue reading →