Topic
Executive Power
Posts
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ArticleVol. 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 -
CommentaryVol. 92 · Iss. 4
A Taxonomy of Discretion: Refining the Legality Debate About Obama’s Executive Actions on Immigration
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations…
Michael Kagan -
ArticleVol. 91 · Iss. 5
Illegal Secrets
When can the government keep its illegal action secret? In spite of the strong incentive for government officials and institutions to hide unlawful conduct…
Jenny-Brooke Condon -
ArticleVol. 98 · Iss. 1
Constraining the Statutory President
When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for…
Kathryn E. Kovacs -
ArticleVol. 90 · Iss. 1
The Irrelevance of Politics for Arbitrary and Capricious Review
This Article contends that, properly understood, judicial review of agency action under the reasoned decision-making standard precludes a court from considering political influence, but…
Mark Seidenfeld