| I. The Rule of Law and the Administrative State
|
| 5 | The Perilous Position of the Rule of Law and the Administrative State | Richard A. Epstein |
| 21 | The Rule of Law and the Inevitability of Discretion | Peter M. Shane |
II. Congress vs. Agencies:
Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture |
| 31 | Corralling Capture | David Freeman Engstrom |
| 41 | Congressional Abdication: Delegation Without Detail and Without Waiver | C. Boyden Gray |
III. Perspectives on Executive Power:
Czars, Libya, and Recent Development |
| 53 | American Executive Power in Historical Perspective | Mariano-Florentino Cuéllar |
| 63 | Reconsidering the Modern Hanoverian King | Sanford Levinson |
| 73 | President Obama and the Framers’ Presidency | John Yoo |
| IV. Technology and Regulation |
| 87 | Can Technological Innovation Survive Government Regulation? | Richard A. Epstein |
| 105 | Regulation and Technology | Anthony Falzone |
| 109 | The Regulatory Turn in IP | Mark. A. Lemley |
| Essays |
| 117 | On the Majesty of the Law | Harvey C. Mansfield |
| Articles |
| 131 | Incorporation by Reference in an Open Government Age | Emily S. Bremer |
| 211 | “Pride Ignorance and Knavery”: James Madison’s Formative Experiences with Religious Establishments | Andy G. Olree |
| 277 | Pre-“Originalism” | Lorianne Updike Toler & J. Carl Cecere with the assistance of Justice Don Willett |
| Recent Developments |
| 355 | The Case of the Missing Argument: The Mysterious Disappearance of International Law From Juvenile Sentencing in Miller v. Alabama, 132 S. Ct. 2455 (2012) |
| 375 | Applying the Holder Standard to Speech that Provides Material Support to Terrorism in United States v. Mehanna, No. 09-10017-GAO (D. Mass. 2012) |
| 391 | Resurrecting Free Exercise in Hosanna-Tabor Lutheran Church & School v. EEOC, 132 S. Ct. 694 (2012) |
