Topic
Executive Power
409 published works
Legal Theory Blog
Shah on Presidential Administrative Discretion
Bijal Shah (Boston College Law School) has posted Presidential Administrative Discretion (N.Y.U. Law Review (forthcoming)) on SSRN. Here is the abstract: The Supreme Court has amplified Article II appointments and…
Legal Theory Blog
Gensler & Menand on Presidential Supremacy and Administrative Agencies
Gary Gensler (Massachusetts Institute of Technology (MIT) - Sloan School of Management) & Lev Menand (Columbia University - Law School) have posted Presidential Supremacy Over Administrative Agencies on SSRN. Here…
Legal Theory Blog
Henderson on the Pardon Power
Stephen E. Henderson (University of Oklahoma - College of Law) has posted In Defense of Pardons (Florida Law Review Forum (Forthcoming 2025)) on SSRN. Here is the abstract: Pardons by…
McEntee Law Group Blog
The Birthright Citizenship Ruling Affects Everyone
On Friday, the Supreme Court of the United States (SCOTUS) gave Trump a green light to move forward with one of his most controversial executive orders: restricting birthright citizenship for…
Legal Theory Blog
Sunstein on the Morality of Legality
Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) has posted The Morality of Legality on SSRN. Here is the abstract: The Morality of Legality holds…
PrawfsBlawg
The Buck Stops Somewhere Over There, I Guess
Main Tuesday, June 17, 2025The Buck Stops Somewhere Over There, I Guess Judicial nominations are one area in which it doesn't much matter whether one holds a unitary executive theory…
Nonprofit Law Prof Blog
The ABA and “President Trump’s Law Firm Intimidation Policy”
This morning, the American Bar Association filed a lawsuit against the Trump administration and what it terms "President Trump's Law Firm Intimidation Policy." In its suit (complaint here), the ABA,…
Legal Theory Blog
Kramer on Impoundment
Irwin Kramer (American University Washington College of Law; George Mason University - Antonin Scalia Law School; University of Baltimore School of Law; Temple University Beasley School of Law) has posted…
Legal Theory Blog
Dinovelli on the Federal Reserve and Removal
Benjamin Dinovelli (Vanderbilt Law School) has posted The Federal Reserve Exception on SSRN. Here is the abstract: The Federal Reserve is arguably the most powerful administrative agency that has ever…
The Right Coast
Donald Trump vs. His Own Judges – WSJ
The list was crucial in reassuring conservative voters that he could be trusted on judges. His first nominee, Justice Neil Gorsuch, was on the list. As Mr. Trump said when…