The Unbearable Lightness of the Unitary Executive Theory
A Supreme Court that embraces a powerful executive could aid President Trump’s efforts to eliminate agency independence.
Dictatorship and Accountability
A recent Trump executive order unlawfully undermines the authority of independent agencies.
The Fork in the Road
Legal debate ensues over the Office of Personnel Management’s deferred resignation program.
Can the Courts Manage the Trump Blitzkrieg?
Legal questions raised in the first weeks of the Trump Administration may require the Supreme Court to make difficult decisions quickly.
Will Trump 2.0 Deregulate More than Trump 1.0?
The incoming Trump Administration again promises massive deregulation, but it remains to be seen how much can realistically be rolled back.
The King (Presumptively) May Do No Wrong
In Trump v. United States, the Supreme Court has expanded executive power and elevated the President above the law.
Silver Linings Shutdown
Distinguished lecture at Penn Law offers hope that the long shutdown of the federal government in early 2019 will lead to positive reforms.
Can the President Modify a Monument?
Scholar argues that only Congress has the power to modify a National Monument.
EPA Will Say Anything to Avoid Addressing Climate Change
New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.
Cost-Benefit Analysis According to the Trump Administration
Scholar argues that the Trump Administration has discredited cost-benefit analysis.
The Supreme Court Holds the Line on Truth over Pretext
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
Will the Affordable Care Act Die by Non-Enforcement?
U.S. cities file suit to force the Trump Administration to keep Obamacare alive.