AuthorLRIRE

Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism

We argue that presidential administration is unlikely to be successful. More to the point, we fear it may prove dangerous, further legitimizing practices that enable and embolden future authoritarians far more adroit with the tools and language of power than Donald Trump.

The Absent Black Father: Race, The Welfare-Child Support System, and the Cyclical Nature of Fatherlessness

Through media representations and policymaking, the absent Black father narrative has taken shape over the past fifty years, giving rise to the belief that fatherlessness is a distinctly Black issue. To safeguard against misplaced assumptions, this Comment proposes a new, cyclical model by which to view fatherlessness.

Cages and Compensatory Damages: Suing the Federal Government for Intentional Infliction of Emotional Distress

This Comment argues that an IIED cause of action is the ideal litigation vehicle for restoring the personal and economic dignity for victims of the family separation policy. Contrary to some concerns, this Comment argues why an IIED cause of action is not barred by statutory exceptions to the waiver of sovereign immunity.

National Security Lawyering in the Post-War Era: Can Law Constrain Power?

Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that?

Abandoning Presidential Administration: A Civic Governance Agenda to Promote Democratic Equality and Guard Against Creeping Authoritarianism

Upon assuming the presidency, Joe Biden is likely to enjoy limited congressional support for his legislative agenda. Democrats believe they have a good playbook for this situation: “presidential administration.” Coined by now–Justice Kagan, presidential administration endorses the use of unilateral executive action to advance the president’s policy priorities. We argue that presidential...

National Security Lawyering in the Post-War Era: Can Law Constrain Power?

Abstract Do we face a rule of law crisis in U.S. national security law? The rule of law requires that people and institutions are subject and accountable to law that is fairly applied and enforced. Among other things, this requires that those bound by the law not be the judges in their own case. Does national security lawyering meet this standard? And if not, what should be done about that? This...