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 →
2016
-
-
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 →
-
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 →
-
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 →
-
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 →
-
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 →
-
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 →
-
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 →
-
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 →
-
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 →