A Price of Greater Executive Discretion
Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.
For Law Enforcement, Super Bowl Security Took Center Stage
Federal, state, and local agencies aimed to safeguard major sporting event in the wake of terrorist attacks.
Conventions as Constraints on Executive Discretion
Adrian Vermeule’s closing remarks highlight the role of conventions in limiting the exercise of executive power.
Enhancing Democracy With Presidential Signing Statements
Christopher Yoo argues in defense of the use of presidential signing statements.
Using the APA to Constrain Presidential Inaction
Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.
Who Decides?
Cary Coglianese assesses doctrinal limits on distinctions between presidential oversight and decision-making.
Does Anyone Know What the “Take Care Clause” Means?
Courts have used the take care clause in multiple, and sometimes conflicting, ways.
The Role of Faithful Execution in U.S. Immigration Policy
Patricia Bellia explores legality of deferred action program under the faithful execution clause.
The Case for Greater Executive Discretion
Cass Sunstein argues that the executive branch has better information to make policy decisions than the other branches of government.
The Bounds of Executive Discretion in the Regulatory State
Penn Law hosts symposium on the legality of contemporary uses of executive power.
Coda
Peter Schuck reflects on the opinions of his book, Why Government Fails So Often: And How It Can Do Better.
The Grand Canyon and the Limits of the Law
Peter Schuck’s book illustrates how the law is an important, though imperfect, tool in preserving natural phenomenon.