In Defense of Big Waiver

By: David J. Barron & Todd D. Rakoff

Congressional delegation of broad lawmaking power to administrative agencies has defined the modern regulatory state. But a new form of this foundational practice is being implemented with increasing frequency: the delegation to agencies ...READ MORE

Technological Innovation, International Competition, and the Challenges of International Income Taxation

By: Michael J. Graetz & Rachael Doud

Because of the importance of technological innovation to economic growth, nations strive to stimulate and attract the research and development (“R&D”) that leads to that innovation and to make themselves hospitable environments for the ...READ MORE

What’s It to You? Citizen Challenges to Landmark Preservation Decisions and the Special Damage Requirements

By:  Matt Dulak

The special damage rule—a component of standing doctrine requiring a plaintiff’s alleged injury to differ somehow from that of the general public—has long thwarted citizen challenges to inaction by government regulators, particularly in environmental suits. While courts in ...READ MORE


On the Record: Why the Senate Should Have Access to Treaty Negotiating Documents

By: John Love

 The Treaty Clause of the Constitution describes the mechanism through which the United States enters into treaties with other nations. Though seemingly straightforward, the Clause is unique in that it is an “explicit constitutional mandate to share power.” ...READ MORE

The New Textualism and Normative Canons

By: William N. Eskridge, Jr.

In Reading Law, Justice Scalia and his coauthor, Professor Bryan Garner, promise that text-based statutory interpretation can be rendered more predictable and constraining if 57 “valid canons” are followed. Admiring the enterprise, this Review maintains that ...READ MORE