Topic
Executive Power
Posts
-
ArticleVol. 103 · Iss. 5
White House Inspection
Abstract Attempting to hold the President and White House officials accountable necessarily presents a fundamental conundrum—how to balance essential characteristics such as independence and…
Jonathan David Shaub -
ArticleVol. 103 · Iss. 6
The Missing Constitutional Law of Executive Conditions
Abstract This Article contributes to the development of the constitutional law of executive conditions. The appropriations presidentialism of the second Trump Administration—the shift from…
Nicole Huberfeld & Matthew B. Lawrence -
ArticleVol. 103 · Iss. 6
Public Functions and Private Resources
Abstract At the federal level, the boundary between public and private functions is under pressure. On top of longstanding trends toward privatizing government functions…
Zachary S. Price -
ArticleVol. 103 · Iss. 6
How the U.S. Constitution Shapes International Tax Law: Instrument Choice in Tax Agreements
Abstract The U.S. Constitution’s Treaty Clause, which requires Senate approval by a two-thirds vote for treaties, has significantly influenced the development of international tax…
Noam Noked, Young Ran (Christine) Kim & Reuven Avi-Yonah -
CommentaryVol. 103 · Iss. 1
The Consequences of Ending Birthright Citizenship
On the first day of his second term in office, President Donald Trump issued an executive order purporting to deny citizenship to children born…
Jacob Hamburger -
ArticleVol. 101 · Iss. 5
The Debt Limit
Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face…
Conor Clarke -
CommentaryVol. 101 · Iss. 2
Corporate Consolidation of Rental Housing & the Case for National Rent Stabilization
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of…
Brandon Weiss -
ArticleVol. 100 · Iss. 2
House Rules: Congress and the Attorney-Client Privilege
Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas…
David Rapallo -
ArticleVol. 99 · Iss. 2
The Rediscovered Stages of Agency Adjudication
ABSTRACT Modern administrative law understands the Administrative Procedure Act (APA) to establish an informal and a formal procedural mode of two types of agency…
Emily S. Bremer -
CommentaryVol. 88 · Iss. 5
Executive Weapons to Combat Infection of the Art Market
Over the years, the executive branch has seized Nazi loot in various ways. The seizure that launched the modern Holocaust-era art movement was that…
Jennifer Anglim Kreder -
Online2021
Pardon Me? Reconciling The Pardon Power with Traditional Notions of Checks-and-Balances
Article II, Section 2 of the United States Constitution confers upon the president the “power to grant reprieves and pardons for offenses against the…
Marriam Shah -
CommentaryVol. 96 · Iss. 4
Presidential Powers, Immunities, and Pardons
Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the…
Alberto R. Gonzales