We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

Do Land Use Plans Affirmatively Further Fair Housing?

Moira O'Neill

Paavo Monkkonen

Michael Lens

...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

State Separation of Powers and the Federal Courts

Ann Woolhandler

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

Sackett v. EPA and the Unraveling of Congress’ Wetlands Protection Law

Cale Jaffe

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...

The Problem of “Relevant Experience”

Craig Konnoth

In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...

The Perils and Promise of Public Nuisance

Leslie Kendrick

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law

John C. Harrison

An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...

How Can Procedural Reform Support Fair Share Housing Production? Assessing the Effects of California’s Senate Bill 35

Moira O'Neill

Ivy Wang

Land use regulation that constrains housing production risks social, economic, and environmental harm. California attempts to avoid these harms by...

Cedar Point Nursery and the End of the New Deal Settlement

Julia D. Mahoney

In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited...

A Modern Poor Debtor's Oath

Rich Hynes

Nathaniel Pattison

Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford...

Privacy Injunctions

Danielle K. Citron

Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations...

Regulating Representatives in Agency Adjudicative Proceedings

George M. Cohen

Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication. Many federal agencies...

Fertility, Immigration, and Public Support for Parenting

Eleanor Brown

Naomi R. Cahn

June Carbone

As this Essay shows, the fertility discourse of the last half century deals with the profound effects that come from the transformation of the economy...

Alexander Hamilton, the Nondelegation Doctrine, and the Creation of the United States

Aditya Bamzai

In the period immediately preceding the Constitution’s adoption, New Yorkers engaged in a spirited debate over whether a proposed delegation from the...

Executive Administration of the Government’s Resources and the Delegation Problem

John C. Harrison

Governments regulate private conduct. They also exercise rights of ownership and contract that are like those of private people. From the founding to...

Local Control of Land Use: A Partial Defense

Richard C. Schragger

The Perils of Land Use Deregulation , my intervention in the land use/housing debate, has now been published by the University of Pennsylvania Law...

Responding to Mass, Computer-Generated, and Malattributed Comments

Michael A. Livermore

Steven J. Balla

Reeve Bull

...

A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large...

Executive Decisions After Arthrex

John F. Duffy

Jennifer Mascott

Decisionmaking in the modern executive branch frequently rests on a convenient formalism. Ultimate power is typically vested in high-level “principal”...