Presidential Norms and Article II

The nature of the presidency cannot be understood without reference to norms. The written provisions of our constitutional structure do not, by themselves, offer a sufficiently thick network of understandings to create a workable government. Rather, those understandings are supplied by norm-governed practices. Presidential power is both augmented and constrained by these unwritten rules. This...

Manafort facing obstruction of justice charge

Prosecutors added new obstruction of justice charges [superseding indictment, PDF] Friday against President Donald Trump’s former campaign manager Paul Manafort, his third indictment since Special Counsel Robert Mueller was appointed to probe into possible Russian influence in US political affairs. The charges also include the addition of a new defendant—Konstantin Kilimnik, a Russian partner of...

Sleeping Soundly—Even on Wheels

The federal Armed Career Criminal Act (ACCA) provides, among other things, that felons who are found in possession of a weapon will receive enhanced punishment if the felon has previously been convicted of burglary, arson, or extortion. The punishment for the offense of being a felon-in-possession is punishable by up to ten years’ incarceration, but...

Gambling on Congressional Intent

The high-profile Supreme Court ruling in Murphy v. National Collegiate Athletic Association, in which 6 Justices paved the way for state and local governments and private entities to participate in sports-betting enterprises, is noteworthy for three reasons. First, Murphy is a textbook example of a dynamic often seen in law in general and constitutional law...

Alito, Gorsuch Rulings This Term Worked Against DOJ in Latest Sanctuary City Fight

A rally at the U.S. Supreme Court against the Trump administration’s effort to ban immigration from seven Muslim-majority countries. Credit: Diego M. Radzinschi/ ALM U.S. Supreme Court decisions this term on sports betting and immigration bolstered a Philadelphia federal judge’s ruling Wednesday that the U.S. Justice Department’s sanctuary city policies are unconstitutional. In the case...

The Latest: PG&E says it followed law but will boost checks

SAN FRANCISCO (AP) — The Latest on the investigation into deadly Northern California wildfires (all times local): 4:50 p.m.: Pacific Gas & Electric Co. is responding to a report by California fire investigators that found the utility’s equipment was responsible for 12 wildfires last October, including two that killed a total of 15 people. PG&E...

By Law, Trump Must Discuss Human Rights with Kim

When President Trump and North Korean leader Kim Jong Un meet in Singapore on June 12, most observers assume their negotiations will focus squarely on weapons proliferation issues and a possible peace treaty for the Korean Peninsula. But the hard truth of the matter is that Trump and Kim, by necessity, must talk about North Korea’s human rights record....

The Hypocrisy of Hedge Fund Activists

In virtually every activism campaign, hedge fund activists don the mantle of the shareholders’ champion and accuse the target company’s board and management of subpar corporate governance. This claim to having “best practices of corporate governance” at heart is hollow—even hypocritical—as evidenced by at least three examples: hedge fund activists actually undermine the shareholder franchise,...