2016

What are the proper bounds of executive discretion in the regulatory state, especially over administrative decisions not to take enforcement… Continue reading →

In the modern era, the executive branch has extraordinary information‐gathering advantages over the legislative and judicial branches. As a result,… Continue reading →

Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a… Continue reading →

My argument is that the presidency of the United States has the institutional disposition and capacity for constitutional arrogance—to take… Continue reading →

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 →

Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →

This Article uses Deferred Action for Parents of Americans and Lawful Permanent Resident program (DAPA) to explore the tension between… Continue reading →

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of… Continue reading →

Within the same immigration court, some immigration judges are up to three times more likely than their colleagues to order… Continue reading →