Arguments based on historical practice are a mainstay of debates about the constitutional
separation of powers. Surprisingly, however, there has been little sustained academic …

How do the Administrative Procedure Act'(APA) and the larger body of administrative law
respond to real or perceived emergencies? I suggest that our administrative law contains …

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 …

The use of hacking tools by law enforcement to pursue criminal suspects who have
anonymized their communications on the dark web presents a looming flashpoint between …

Perhaps the central question in administrative law is how decisionmaking authority should
be allocated among political institutions. The nondelegation doctrine requires that Congress …

A number of judge-made doctrines attempt to promote international comity by reducing
possible tensions between the United States and foreign sovereigns. For example, courts …

The first months of the Obama administration have led to expectations, both in the United
States and abroad, that in the coming years America will increasingly promote the …

The vast majority of US international agreements today are made by the President acting
alone. Little noticed and rarely discussed, the agreements are concluded in a process …

National security review of corporate transactions has long been a relatively sleepy corner of
regulatory policy. But as governments merge economic and national security, national …

How far does US law reach beyond US borders? In principle, Congress could extend its
laws as far as it likes, but Congress often fails to make its intentions clear. Many statutes do …