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The Power to Threaten War

include unilateral authority to repel invasions if the United States is attacked. Although there is nearly universal acceptance of these basic

Inside the Agency Class Action

steering committees of claimants’ counsel, who then coordinated to offer the best expert testimony they could in support of their clients’ claims. Thus

The Banality of Racial Inequality

explain the wealth gap. There is some evidence that whites earn a higher return on their investments than blacks and that blacks are more likely than

The Problem with Public Charge

must demonstrate that they do not trigger any grounds of inadmissibility at the time of their adjustment of status, thereby becoming subject to the

The Invention of Immigration Exceptionalism

not created in a series of late nineteenth-century cases. Far from being exceptional, those cases applied the then-standard framework linking due

The Credit Markets Go Dark

themselves from the “creditor-on-creditor violence” that has become a feature of the public and quasi-public debt markets. For their part, asset

Pregnancy, Poverty, and the State

efforts are to be made to free Black people of the constraints and conditions that characterize racial subordination, then theories and strategies

The Jurisprudence of Mixed Motives

greater than 1? Is it the la… See infra Appendix A. These are motive “standards” insofar as they specify the quanta of motiv… Note that no one is

The Statutory Separation of Powers

statutory authority is a delicate business: the optimal balance is difficult to calibrate ex ante, the balance is unstable, and there are risks that

The Law of Presidential Transitions

allocation of executive power. These risks are not just hypothetical: many of them were realized during the 2016 transition, and their effects continue to be