Dispatches from the Other Side of Development
Professor K-Sue Park's introduction to series Gentrification, Displacement, and Dispossession.
Legal or Political Checks on Apex Criminality: An Essay on Constitutional Design
The article contemplates how constitutional designers should address the problem of apex criminality, or criminal actions by those elected or appointed to high positions in a national government.
Accountability in the Deep State
The story behind the resignation of Joel Clement—the head of the U.S. Interior Department’s Office of Policy Analysis—provides a window into the relationship between the political leadership and the civil service at the Interior Department in the...
A Hiatus in Soft-Power Administrative Law: The Case of Medicaid Eligibility Waivers
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.
Administrative Law Without Courts
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...
California, Climate, and Dormant Foreign Affairs Preemption (Again)
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...