Executive Privilege: A Constitutional Myth

Executive Privilege: A Constitutional Myth

Constitutional Constraints on Executive Lawmaking

What determines the success by which heads of government can enact their legislative proposals? Presumably, constitutional rules governing the relationship between executives and legislatures should be part of the answer. We suggest that in order to understand an executive’s leverage in legislative bargaining, one must consider a broad set of formal powers, even those that are not directly rela...

Make Least Privilege a Right (Not a Privilege)

Though system security would benefit if programmers routinely followed the principle of least privilege [24], the interfaces exposed by operating systems often stand in the way. We investigate why modern OSes thwart secure programming practices and propose solutions.

History, Myth, Imperial and Constitutional Law in the Early Modern Swiss Confederation

SINCE THE PUBLICATION OF J. G. A. Pocock’s masterpiece, Machiavelli has been the founding father of the Atlantic republican tradition. For obvious reasons, however, the Florentine chancellor barely mentioned the states bordering the Atlantic in his works. When he studied the actions of great men, his sources were “a continual study of ancient history” and “a long experience of modern affairs,” ...

Constitutional Theory, Constitutional Culture

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...