Can Congress Bar Fully Autonomous Nuclear Command and Control?

National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...

Musk’s attempts to gain access to agency databases is an egregious violation of the act, which protects personal information from abuse.

Between November and December 2024, news articles reported widespread incidents of small- and medium-sized drones flying across northeastern U.S...

A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...

For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)

Neil Siegel has written a grand...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...

At the heart of national security decisions lies a paradox: these decisions are among the most consequential a government can make, but often the...

In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...

The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...

The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...

After two years of debate in Congress and the broader world over forfeiting the frozen assets of the Russian Central Bank for the benefit of Ukraine...