Topic
Executive Power
Posts
-
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