National security review of corporate transactions has long been a relatively sleepy corner of
regulatory policy. But as governments merge economic and national security, national …

The President claims exclusive control over diplomacy within our constitutional system.
Relying on this claim, executive branch lawyers repeatedly reject congressional mandates …

The lower federal courts have been invoking" international comity abstention" to solve a
range of problems in cross-border cases, using a wide array of tests that vary not just across …

Conventional wisdom suggests that a constitutional right should be defined so as to
effectively constrain government actors. A right defined in terms of what state actors routinely …

Longstanding debates over the allocation of foreign affairs power between Congress and
the President have reached a stalemate. Wherever the formal line between Congress and …

Reliance interests are the" dark matter" of our nation's law of interpretation: unseen,
underappreciated, but exercising a strong gravitational force that cuts across doctrines and …

As presidents make ever more expansive claims of executive power, Congress's ability and
willingness to counter the executive is often limited. That makes all the more significant …

Debates about the Appointments Clause tend to turn on drawing the right distinctions. This
Article argues that the Appointments Clause draws a little-recognized distinction between …

Human Rights and US Foreign Policy provides a comprehensive historical overview and
analysis of the complex and often vexing problem of understanding the formation of US …

In his canonical concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer, Justice
Robert Jackson set forth a" tripartite" framework for evaluating exercises of presidential …