Authoruclalaw

This article complements academic discourse about democratic backsliding by focusing on two questions: In what ways has democracy been chronically or systemically weakened and prevented, and what kinds of new institutional and organizational forms do we need to realize democratic aspirations in the twenty-first century.

The article explores the role and transformation of civil society groups under the presidency of Donald Trump. It observes such groups face the risk of overlooking injustices that do not involve President Trump, the urge to sharpen tactics against the administration’s lawyers, and the temptation to forget that the country will be better off when, once more, the work of civil society groups is not...

The article explores the approach to administrative law in a period when the executive systematically disregards the expectation of rational, good-faith decision-making and seeks single-mindedly to maximize achievement of its policy objectives.

This article argues that it is a mistake to fixate on courts as the core safeguard in the modern administrative state. The article surveys federal agencies that regulate us in many ways that either evade judicial review entirely or are at least substantially insulated from such review.

After President Trump withdrew the United States from the Paris Climate Accord, California announced its continued commitment to the cause by entering into agreements to control global temperature increases with other subnational governments from around the world. This comment analyzes possible dormant foreign affairs preemption challenges posed by such agreements.

This comment considers the ways in which modern qualified immunity implicates or undermines the Fourteenth Amendment’s Equal Protection Clause. It argues that qualified immunity often deprives victims of police brutality of their only viable remedy. As such, in the context of excessive force claims, qualified immunity violates the Equal Protection Clause and should be overruled.