Separation of powers
52 Articles
Fighting Tunisia’s Rampant Corruption with Autocracy – Kais Saied’s Chimera
Three years since taking office as president, the pledges that legitimized his ascent have fallen far short as he moves to monopolize power.
Myths & Misunderstandings Relating to Mar-a-Lago Documents Investigation
Five myths broken down by J. William Leonard who, in government service, was responsible for the oversight of classified information for the entire executive branch.
2022 Update: Good Governance Paper No. 20: Repairing and Strengthening Norms of Nuclear Restraint
At one-year mark of Biden administration, top experts revisit proposals to restore and promote nonpartisan principles of good government.
Modern History of Disclosure of Presidential Records: On the Boundaries of “Executive Privilege”
A detailed account of instances of past administrations' disclosing presidential records, including those of former presidents, to Congress.
The Broader Significance of the Justice Dep’t Opinion on Congress Obtaining Trump Tax Records
Unpacking the Office of Legal Counsel's opinion, how it lines up with past administrations, what it means for future congressional oversight.
Unpacking Biden Administration vs. Congressional Tension in the McGahn Case
Awkward transitions to “unified government” and what it portends.
A Roadmap for Reform: How the Biden Administration Can Revitalize the Office of Legal Counsel
As President-Elect Joe Biden announces his picks for cabinet positions, the Nation’s focus has increasingly turned to the challenges facing the incoming administration. One such…
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…
Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere
[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Exclusive: Obstruction At All Costs: The State Department’s Petty Document Fight with Congress
The State Department is refusing to comply with a House subpoena for documents that it's already shared with Senate Republicans.
Trump’s Empty “Withdrawal” from the World Health Organization
WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…