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Trump Can’t Revoke DACA Without Going Through Notice and Comment

9/5/17  //  In-Depth Analysis

Dreamers should invoke administrative law to block Trump's DACA decision

Daniel Hemel

University of Chicago Law School

Oceans Apart But Still a Close Familial Relation

9/5/17  //  In-Depth Analysis

Analysis of the Ninth Circuit's latest travel ban argument (and some personal reflections).

Sarah Mahmood

Killing The Dream

9/5/17  //  In-Depth Analysis

Donald Trump's apparent reasons for (apparently) rescinding DACA make little sense.

Leah Litman

Michigan Law School

Questions about the Emoluments Amicus Brief on Behalf of Trump

8/31/17  //  In-Depth Analysis

The amicus brief filed by Seth Barrett Tillman and Josh Blackman has some serious problems with how it represents its historical sources.

Jed Shugerman

Fordham Law School

What if Trump Censors Climate Science?

8/31/17  //  In-Depth Analysis

Are there legal remedies if Trump refuses to officially accept the Climate Science Special Report?

Dov Fox

University of San Diego School of Law

Trump, Arpaio, and the Danger of Politicizing DOJ

8/29/17  //  In-Depth Analysis

Trump asked if DOJ could drop the case against Arpaio. Such interference with prosecutive decisions threatens the legitimacy of the Justice Department.

Chiraag Bains

Harvard Law School

Congress’s Constitution, Redux

8/28/17  //  In-Depth Analysis

Here I respond to insightful comments on Congress's Constitution.

Josh Chafetz

Cornell Law School

The Debate Over Confederate Monuments

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Faces of Congressional Power

8/25/17  //  In-Depth Analysis

By Mark Graber: Congress has considerable tools to influence public policy. How effectively Congress may use those tools depends in part on the skill with which they are exercised, but also on more durable features of the times in which they are exercised.

Take Care

The Constitution of Talk

8/25/17  //  In-Depth Analysis

There needs to be a separation of microphones just as much as a separation of powers, and Congress does not understand the microphone that 2017 requires.

David Fontana

George Washington University Law School

The Unsettling Of Affirmative Action

8/24/17  //  In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Encouraging Legislative Expertise-Forcing

8/24/17  //  In-Depth Analysis

A promising way for Congress to check the Executive, as well as to enhance its own efficacy and public standing, is by promoting expertise in the executive branch

Bijal Shah

Sandra Day O’Connor College of Law

Law, Politics, and Interbranch Conflict

8/24/17  //  In-Depth Analysis

By demonstrating the dangers of vesting so much power in one individual, will Trump bring about a revitalization of Congress and a corresponding diminution of the Presidency?

Zachary Price

U.C. Hastings College of the Law

Chafetz and the Separation of Powers

8/23/17  //  In-Depth Analysis

By Victoria Nourse: It is one of the great paradoxes of American life that Americans love democracy but hate their most democratic institution, the Congress—that is, until they need Congress to fight a rogue President

Take Care

Congress’s Rhetoric

8/23/17  //  In-Depth Analysis

By Kate Shaw: Congress must find new opportunities for successful engagement with the public, by both individual members and the body as a whole

Take Care