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.
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?
Eric Posner argues that “balance of power” is not a helpful concept for governing the relationship between the branches.
Constitutional Arrogance
Michael Gerhardt argues that the presidency is designed to stretch the boundaries of its power.
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.
Seventh Circuit Finds Wisconsin Abortion Statute Unconstitutional
Court finds state law to be medically unnecessary and burdensome to women seeking abortion services.
Scholar Faults State Efforts to Regulate Police Drones
Scholar argues that better state laws would accommodate privacy concerns and encourage police efficiency.
The Workplace Constitution and the Spiderman Theory of State Action
“With great power comes great responsibility” to ensure workplace equality.
Legal Challenges to Fracking Regulation
It remains to be seen whether industry efforts to fight hydraulic fracturing regulation will succeed.