Preambles in Treaty Interpretation
The New START Treaty debate provides a glimpse of what is a general state of uncertainty surrounding preambles, the roles… Continue reading →
Volume 164 (2015-2016)
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Get Out of Jail Free? Preventing Employment Discrimination Against People with Criminal Records Using Ban the Box Laws
Some legal scholars have argued that Ban the Box laws are inherently ineffective in preventing employment discrimination against people with… Continue reading →
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Introduction: The Bounds of Executive Discretion in the Regulatory State
What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement… Continue reading →
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The Most Knowledgeable Branch
In the modern era, the executive branch has extraordinary information‐gathering advantages over the legislative and judicial branches. As a result,… Continue reading →
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The Hidden Costs of Cliff Effects in the Internal Revenue Code
Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a… Continue reading →
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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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Devising an Artful Tax: An Appraisal of Payment‐in‐Kind Income Taxes in Mexico and the United Kingdom
Now in effect for almost sixty years, Pago en Especie allows Mexican artists to satisfy their annual income taxes by… 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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War Torts: Accountability for Autonomous Weapons
Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they… Continue reading →
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Unbundled Bargains: Multi‐Agreement Dealmaking in Complex Mergers and Acquisitions
Why are some bargains memorialized in dozens of related agreements, rather than one definitive agreement? This Article uses mergers and… Continue reading →