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.
The Benefits of Agency Engagement with Constitutional Interpretation
Scholar argues courts should embrace agencies’ role in adapting the Constitution to present-day society.
Challenges to Country-of-Origin Food Labels
House passes bill to repeal mandatory country-of-origin labels on meat products.
The Supreme Court’s Regulatory Term
The Regulatory Review highlights the regulatory decisions from the Supreme Court’s past term.
Using the Constitution to Promote Renewable Energy
Legal scholars argue that the Constitution requires states to consider regional energy needs.