Child Categories
Executive Office
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Vicki C. Jackson & Martha Minow, Facebook Suspended Trump. The Oversight Board Shouldn’t Let Him Back., Lawfare (Mar. 8, 2021).
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The Protean Take Care Clause
January 30, 2023
Jack L. Goldsmith & John F. Manning, The Protean Take Care Clause, 164 U. Pa. L. Rev. 1835 (2016).
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Book Review: Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism
January 24, 2023
Mark Tushnet, Book Review, 122 Pol. Sci. Q. 316 (2007)(Bruce Ackerman, Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism (2006)).
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Book Review: Louis Fisher, In the Name of National Security: Unchecked Presidential Power and the Reynolds Case
January 23, 2023
Adrian Vermeule, Book Review: Louis Fisher, In the Name of National Security: Unchecked Presidential Power and the Reynolds Case, 122 Pol. Sci. Q. 322 (2007).
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Administrative National Security
January 21, 2023
Elena Chachko, Administrative National Security, 108 Geo. L. J. 1063 (2020).
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Improper Commands from President Trump’s Employees?
January 21, 2023
Nikolas Bowie, Improper Commands from President Trump’s Employees?, Take Care (Mar. 16, 2017).
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An Unconstitutional Threat to Sanctuary Cities
January 21, 2023
Nikolas Bowie, An Unconstitutional Threat to Sanctuary Cities, Take Care (Mar. 21, 2017).
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SCOTUS Warns Against Appointing “Unfit Characters”
January 21, 2023
Nikolas Bowie, SCOTUS Warns Against Appointing “Unfit Characters”, Take Care (Mar. 24, 2017).
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The First Amendment Belongs Only to Americans? Wrong
January 21, 2023
Nikolas Bowie, The First Amendment Belongs Only to Americans? Wrong, Take Care (Mar. 29, 2017).
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Jared Kushner’s New SWAT Team More Like Neighborhood Watch
January 21, 2023
Nikolas Bowie, Jared Kushner’s New SWAT Team More Like Neighborhood Watch, Take Care (Mar. 27, 2017).
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Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It
January 21, 2023
Nikolas Bowie, Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It, Take Care (Apr. 26, 2017).
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With Sanctuary Cities, the Apprentice is Now the Biggest Loser
January 21, 2023
Nikolas Bowie, With Sanctuary Cities, the Apprentice is Now the Biggest Loser, Take Care (Apr. 26, 2017).
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The Federal Statute on Sanctuary Cities Doesn’t Say What the Trump Administration Thinks It Says
January 21, 2023
Nikolas Bowie, The Federal Statute on Sanctuary Cities Doesn’t Say What the Trump Administration Thinks It Says, Take Care (Apr. 27, 2017).
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Laurence H. Tribe & Dennis Aftergut, Scene of the crime: Was there a conspiracy to keep Cassidy Hutchinson silent?, Salon (Jan. 3, 2023).
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What the January 6th Report Is Missing
January 12, 2023
Jill Lepore, What the January 6th Report Is Missing, New Yorker (Jan. 9, 2023).
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Can President Trump Rewrite the Past?
January 10, 2023
Nikolas Bowie, Can President Trump Rewrite the Past?, Take Care (May 3, 2017).
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It Was Legal for the President to Fire Comey. That’s the Problem.
January 10, 2023
Nikolas Bowie, It Was Legal for the President to Fire Comey. That’s the Problem, Take Care (May 10, 2017).
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Nikolas Bowie, President Trump Shouldn’t Be Impeached If He Hasn’t Committed a Crime, Take Care (May 22, 2017).
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Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities
January 10, 2023
Nikolas Bowie, Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities, Take Care (May 23, 2017).
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Can Trump Replace Rosenstein Without the Senate?
January 10, 2023
Nikolas Bowie, Can Trump Replace Rosenstein Without the Senate?, Take Care (Feb. 1, 2018).
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Timothy H. Edgar, Obama’s Mixed Legacy on Cybersecurity, Surveillance, and Surveillance Reform, in The Cambridge Handbook of Surveillance Law 248 (David Gray & Stephen E.
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Investing in International Human Rights in the Age of Trump
January 6, 2023
Emily Nagisa Keehn, Anna Crowe & Yee Mon Htun, Investing in International Human Rights in the Age of Trump, Human Rights@Harvard Law (Dec. 15, 2016).
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Amicus Brief of Law Professors as Amici Curiae in Zervos V. Trump
December 31, 2022
Brief of Law Professors as Amici Curiae, Zervos v. Trump, 74 N.Y.S.3d 442 (2018) (Index No. 150522/2017).
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The Special Counsel Investigating Trump Is Wasting No Time
December 15, 2022
Dennis Aftergut & Laurence H. Tribe, The Special Counsel Investigating Trump Is Wasting No Time, Slate (Dec. 13, 2022).
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Don’t Be Confused by Trump’s Defense. What He Is Accused of Are Crimes.
December 13, 2022
Nikolas Bowie, Opionion, Don’t Be Confused by Trump’s Defense. What He Is Accused of Are Crimes, N.Y. Times, Jan. 27, 2020.
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The Nursing Home Crisis: Prognosis Guarded
October 31, 2022
Eli Y. Adashi & I. Glenn Cohen, The Nursing Home Crisis: Prognosis Guarded, 135 Am. J. Med. 1150 (2022).
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William Coleman’s Legacy
October 29, 2022
Stephen Breyer, William Coleman’s Legacy, Wall St. J., Nov. 2, 2017.
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Analyzing Regulatory Failure: Mismatches, Less Restrictive Alternatives, and Reform
October 29, 2022
Stephen Breyer, Analyzing Regulatory Failure: Mismatches, Less Restrictive Alternatives, and Reform, 92 Harv. L. Rev. 547 (1979).
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Introduction
October 29, 2022
Stephen G. Breyer, Introduction, 118 Harv. L. Rev. 1 (2004).
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After September 11 – National and International Legal Tasks
October 29, 2022
Stephen Breyer, After September 11 – National and International Legal Tasks, 20 Experience 29 (2010).
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Stephen Breyer, The Executive Branch, Administrative Action, and Comparative Expertise, 32 Cardozo L. Rev. 2189 (2011).
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Unilateral Action and Presidential Accountability
October 28, 2022
Stephen D. Ansolabehere & Jon C. Rogowski, Unilateral Action and Presidential Accountability, 50 Presidential Stud. Q. 129 (2020).
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The Authority of the Court and the Peril of Politics
October 25, 2022
The Authority of the Court and Peril of Politics (Stephen Breyer ed., 2021)…
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Waging War: The Clash Between Presidents and Congress, 1776 to ISIS
October 22, 2022
David J. Barron, Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuster 2016).
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David J. Barron, Constitutionalism in the Shadow of Doctrine: The President’s Non-enforcement Power, 63 J.L. & Contemp. Probs. 61 (2000).
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From Takeover to Merger: Reforming Administrative Law in an Age of Agency Politicization (Foreword)
October 22, 2022
David J. Barron, Foreword, From Takeover to Merger: Reforming Administrative Law in an Age of Agency Politicization, 76 Geo. Wash. L. Rev. 1095 (2008).
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The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding
October 22, 2022
David J. Barron & Martin S. Lederman, The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding, 121 Harv.
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Carlos Portugal Gouvėa, Supremacia Presidencial e Democracia na América Latina: Introduzindo o Tema da Desigualdade Social no Desenho Institucional [Presidential Supremacy and Democracy in Latin…
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Constitutional Backdrops
October 19, 2022
Stephen E. Sachs, Constitutional Backdrops, 80 Geo. Wash. L. Rev. 1813 (2012).
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Why John McCain Was a Citizen at Birth
October 19, 2022
Stephen E. Sachs, Why John McCain was a Citizen at Birth, 29 Immigr. & Nat’lity L. Rev. 623 (2008).
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Why John McCain Was a Citizen at Birth
October 19, 2022
Stephen E. Sachs, Why John McCain Was a Citizen at Birth, 107 Mich. L. Rev. First Impressions 49 (2008).
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The Consumer Bureau and the Constitution
October 19, 2022
Deepak Gupta, The Consumer Bureau and the Constitution, 65 Admin L. Rev. 945 (2013).
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Benjamin Eidelson, Unbundling DACA and Unpacking Regents: What Chief Justice Roberts Got Right, Balkinization (June 25, 2020).
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A Way Out for the Court on DACA
October 19, 2022
Benjamin Eidelson, A Way Out for the Court on DACA, N.Y. Times, Oct. 28, 2019.
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Go Big or Go Home: The Constitutionality of Recess Appointments Following Pro Forma Sessions of the Senate
October 19, 2022
Ryan D. Doerfler, Go Big or Go Home: The Constitutionality of Recess Appointments Following Pro Forma Sessions of the Senate, 65 Admin. L. Rev. 975…
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Accountability Claims in Constitutional Law
October 19, 2022
Nicholas Stephanopoulos, Accountability Claims in Constitutional Law, 112 Nw. U. L. Rev. 989 (2018).
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Remarks from the Journal of Law in Society and Levin Center Symposium “Gerrymandering: The Power of Boundaries”
October 19, 2022
Nicholas Stephanopoulos, Remarks from the Journal of Law in Society and Levin Center Symposium “Gerrymandering: The Power of Boundaries”, 19 J.L. Soc’y 256 (2019).