Article Type

Does Anyone Know What the “Take Care Clause” Means?

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

The Role of Faithful Execution in U.S. Immigration Policy

Patricia Bellia explores legality of deferred action program under the faithful execution clause.

Implementing Health Care Reform During a Political Stalemate

Implementing Health Care Reform During a Political Stalemate

Nicholas Bagley analyzes expanding executive power in the name of health care reform.

Is Balance of Power a Useful Doctrine?

Is Balance of Power a Useful Doctrine?

Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.

Constitutional Arrogance

Constitutional Arrogance

Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.

The Case for Greater Executive Discretion

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

The Bounds of Executive Discretion in the Regulatory State

Penn Law hosts symposium on the legality of contemporary uses of executive power.

YouTube Faces Complaints Over Junk Food Ads

YouTube Faces Complaints Over Junk Food Ads

Consumer advocacy groups call on the FTC to investigate allegedly kid-inappropriate content.

Democratizing Investment in Start-Ups

Democratizing Investment in Start-Ups

SEC grapples with consumer protection obstacles and compliance costs through new crowdfunding rule.

Lessons Learned from Katrina and Sandy

Lessons Learned from Katrina and Sandy

Disaster relief agency shows progress over past decade, but challenges remain.

Regulating Renewable Energy

Regulating Renewable Energy

Agencies work with California to tap into the energy potential of the Mojave Desert.

Coda

Coda

Peter Schuck reflects on the opinions of his book, Why Government Fails So Often: And How It Can Do Better.