(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 →
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these… Continue reading →
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because… Continue reading →
The U.S. Constitution grants Congress the power “[t]o regulate Commerce with foreign Nations,” but today the exercise of the foreign… Continue reading →
The Trading with the Enemy Act of 1917—or the “TWEA”—is the precursor to the modern statutory sanctions framework of the… Continue reading →
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and… Continue reading →
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory… Continue reading →
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun… Continue reading →
Recent scholarship has paid significant attention to the strategic exploitation of Chapter 11 reorganization procedures by corporations seeking to circumvent… Continue reading →
This Article provides the first comprehensive examination of an emerging practice within the private equity sector: continuation funds. Continuation funds… Continue reading →