I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. Here’s a link to my initial post ...

My new paper on why the non-delegation doctrine applies to courts, what it means for the validity of various federal statutes, and how it relates to debates about the proper scope of federal ...

The Constitution’s text does not mention a general power over foreign affairs. Nonetheless, some courts and commentators have suggested a foreign affairs power of the federal government arising ...

The authority to impose tariffs is nowhere to be found in the Constitution, where the limited powers of the president are enumerated.

On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed as a basic necessity of ensuring public safety. The court held that ...

The post-9/11 period is certainly not the first time that presidents have claimed to have inherent constitutional powers only to subsequently abuse them.

Federal courts possess inherent power to sanction parties for abuse of the litigation process, including awarding attorney’s fees. But civil sanctions must be compensatory rather than punitive in ...

Commentary Use of Inherent Contempt Power Is Appropriate in Jan. 6 Investigation It was very encouraging that the Justice Department presented the Bannon contempt case to a grand jury, which ...

Inherent risk is especially common in the financial services industry, particularly when preparing tax returns and executing audits.

I've posted my new paper, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, to SSRN. I'll be blogging about it over the next ...