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Reimagining Surveillance Enforcement
In: University of Illinois Law Review, Forthcoming
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Reimagining Surveillance Law
In: University of Illinois Law Review, Forthcoming
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Weaponizing the Office of Legal Counsel
This Article argues that the Office of Legal Counsel (OLC)—an office within the Justice Department that issues legal opinions that govern executive branch actors—arms the executive branch with a powerful weapon to deploy in its conflicts with Congress. Despite its reputation as a neutral arbiter of constitutional questions, OLC's separation-of-powers opinions do not simply describe the executive's view of the law; they actually augment executive powers vis-à-vis Congress. This novel argument emerges from two descriptive claims laid out in this Article. The first is that OLC's institutional design guarantees that its separation-of-powers opinions will articulate a decidedly pro-executive view of the law. The second is that these executive-friendly legal analyses not only guide the actions of executive officials, but also shape the legal landscape outside the executive branch. In other words, OLC makes its own legal reality: its separation-of-powers opinions first envision a world that values executive branch prerogatives over congressional interests, and then, by their very existence, help realize that vision. The result is that OLC provides the executive with a powerful weapon in its inter-branch disputes with Congress—a phenomenon that to date has gone unremarked. After identifying the mechanisms through which OLC places a thumb on the executive's side of the scale in inter-branch disputes, this Article suggests several ways that Congress could level the playing field.
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The Roles of the State and Federal Government in a Pandemic
In: Journal of Nation Security Law and Policy (2020 Forthcoming)
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Working paper
Individualized Suspicion in the Age of Big Data
In: Forthcoming, 105 Iowa L. Rev. (2020)
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Weaponizing the Office of Legal Counsel
In: Boston College Law Review, Band 62, Heft 2
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Working paper
A Government of Laws and Not of Machines
In: 98 B.U. L. Rev. (forthcoming 2018)
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Working paper
When Database Queries are Fourth Amendment Searches
In: Minnesota Law Review, Band 102, Heft 577
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Working paper
The Two Faces of the Foreign Intelligence Surveillance Court
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Working paper
The Paradox of Counterterrorism Sunset Provisions
In: 81 Fordham L. Rev. (2013 Forthcoming)
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Domestic Intelligence: New Powers, New Risks
In: New York University School of Law, Brennan Center for Justice, January 18, 2011
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Executive Privilege Disputes between Congress and the President: A Legislative Proposal
In: Albany Government Law Review, Band 3, Heft 741
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Executive Privilege: A Legislative Remedy
In: New York University School of Law, Brennan Center for Justice, 2009
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Working paper