On the last day of oral argument this Term, in an atypical May convening, the Justices of the
Supreme Court grappled with how to integrate two recent reforms to the federal sentencing …

Self-help doctrines pervade the law. They regulate a legal subject's attempts to cure or
prevent a perceived wrong by her own action, rather than through a mediated process. In …

As a candidate in the 2008 presidential election race, Barack Obama vigorously denounced
the Bush Administration for what he argued were extreme and indefensible assertions of …

The growth of the administrative state and the expansion of presidential power have been
central features of American political development since the early twentieth century.' …

Judges and statesmen of the early Republic had heated exchanges over the importance of
hewing to the text in constitutional interpretation, and they advanced dueling interpretive …

The scope of the President's legal authority is determined in part by historical practice. This
Essay aims to better understand how such practice-based law might operate as a constraint …

Most of Article II, Section 3 of the Constitution sets forth mundane presidential
responsibilities or powers. Section 3 prescribes the President's duty" from time to time" to …

There are clear dangers in allowing a president to wield excessive prosecutorial discretion
power. Taken to an extreme, in the context of the vast modern administrative state, a …

Two of the most significant problems in the criminal justice system are caused by over-
policing of minor offenses' under zero-tolerance policing policies. 2 First, substantial racial …

State suits against the federal government are on the rise. States have objected to federal
policy on immigration, I the environment, 2 and health insurance, 3 among other areas. 4 Al-l …