Separation of Powers Legitimacy: An Empirical Inquiry into Norms About Executive Power
The continuing debate over the President’s directive authority is but one of the many separation‐of‐powers issues that have confronted courts,… Continue reading →
2016
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The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach
Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means… Continue reading →
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The Third Bound
Conventions pervasively shape and constrain executive discretion and are an indispensable tool for understanding the issues discussed in the articles.… Continue reading →
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Consent Is Not Enough: Why States Must Respect the Intensity Threshold in Transnational Conflict
It is widely accepted that a state cannot treat a struggle with an organized non‐state actor as an armed conflict… Continue reading →
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Policing as Administration
Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant… Continue reading →
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Maybe Publius Was Right: Relying on Merger Price To Determine Fair Value in Delaware Appraisal Cases
In this Comment, I argue that calls for reform to the appraisal remedy should be aimed at the Delaware Court… Continue reading →
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Our Antitotalitarian Constitution and the Right to Identity
Underlying the United States Constitution is an antitotalitarian principle—i.e., the government cannot define, regulate, or compel aspects of life that… Continue reading →
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Presidential Signing Statements: A New Perspective
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →
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The Protean Take Care Clause
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →
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Hitting Reset: Devising A New Video Game Copyright Regime
In this Comment, I argue that obtaining and sustaining optimal video game innovation and creativity requires two complementary advancements by… Continue reading →