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constitutional law

Reorienting the Principal-Agent Frame: Adopting the “Hartian” Assumption in Understanding and Shaping Legal Constraints on the Executive

July 20, 2013
america, constitutional law, law, politics
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Harvard Law and Policy Review | Volume 7, No. 2: Summer 2013 | By Manik Suri

Presidential SealDebate over whether law can, and indeed should, constrain presidential power is as old as the Republic. This article claims that liberal legalists, who adopt a consequentialist “Holmesian” view of the law, ignore the possibility that law – as an internalized normative commitment or duty – can restrain the executive. This alternative “Hartian” view may help explain how laws constrain presidential power at key moments in history. Recognizing the difficulty in establishing causation, the article nonetheless concludes that much is at stake in how we frame the relationship between law and the executive. Read the full piece here.

A Revamped U.S. Export Control System for the 21st Century

November 13, 2011
america, business, constitutional law, economics, foreign policy, international affairs, investment, law, trade

Harvard National Security Journal | November 13, 2011 | By Manik Suri

While the United States has built one of the most sophisticated export control regimes in the world, its Cold War era architecture must be transformed to reflect today’s realities and meet tomorrow’s challenges. In 2010, President Obama launched a comprehensive Export Control Reform Initiative that, once implemented, will mark a vital step toward promoting U.S. national security and economic competitiveness in the 21st century. Read the full piece here.

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