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Miriam Seifter

Civil society today vitally supplements the traditional legislative and judicial checks on the powerful federal executive branch. As many commentators have observed, individuals, interest groups, and media outlets actively monitor, expose, and impede federal executive misdeeds. But much of...

Peter L. Markowitz & Lindsay Nash

In the waning days of the Obama Administration, with Trump’s promised immigration crackdown looming, over one hundred advocacy organizations joined forces to urge President Obama to permanently protect hundreds of thousands of immigrants from deportation by pardoning their breaches of...

Daniel J. Hemel

This Article considers the distributional consequences of the Supreme Court’s federalism jurisprudence over the past quarter century, focusing specifically on the anti-commandeering, anti-coercion, and state sovereign immunity doctrines. The first of these doctrines prevents Congress from...

Lauren A. Webb

It is a common refrain in American education that the quality of a student’s education “should not depend on his or her zip code.” Yet American public education consistently falls short: Many schools and districts, in particular those with large populations of low-...

Oluwadamilola E. Obaro

The controversial scheme of “expedited removal,” which gives low-level immigration officials the authority to deport people with little to no judicial review, came roaring back into the public consciousness in the wake of President Trump’s executive order temporarily...

Alexander Lazaro Mills

Under the doctrine of stare decisis, an important factor in determining whether to uphold or overrule a constitutional precedent is whether there are reliance interests in the rule it established. The Supreme Court’s analysis of reliance in this context has been brief and conclusory,...

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