T he defining feature of foreign relations law is that it is distinct from domestic law. In foreign
relations, the need for speed and secrecy is paramount. In foreign relations, decisions need …

When the United States government kills people on traditional and nontraditional battlefields-
and it does so on a near daily basis-bureaucrats play a key role in the killings. Bureaucrats …

The Administrative Procedure Act of 1946 (APA or the" Act")'is one of the most important
statutes in the United States Code. The Constitution assumes that administrative agencies …

Nearly forty years ago, Professor James O. Freedman described the American
administrative state as haunted by a" recurrent sense of crisis." 1" Each generation has …

When agencies make decisions that are binding on the public, they must provide public
notice, accept and consider public comments, and provide explanations for their final …

The unitary executive is no longer a theory; it is real. The President operates on the premise
that, because all executive power is vested in him, his appointees merely assist him in …

Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard
Law Review. 1 Seventy-five years ago, President Harry Truman signed the Administrative …

THE APA AS A SUPER-STATUTE: DEEP COMPROMISE AND JUDICIAL REVIEW OF
NOTICE-AND-COMMENT RULEMAKING Page 1 THE APA AS A SUPER-STATUTE: DEEP …

Two competing theories vie for dominance regarding the relationship between the US
military and the natural environment. On the one hand, because legal rules permit the …

Enacted in 1946 as a" fierce compromise" after a decades-long political battle in
Congress,'the Administrative Procedure Act (APA) established the default rules of the road …