Katherine Mims Crocker (Texas A&M University School of Law) has posted To Keep Government Generally Within the Bounds of Law (139 Harvard Law Review (forthcoming 2026)) on SSRN. Here is the abstract: The current President of the United States has a relationship with the law that is casual at best and contemptuous at worst. Whether we are facing a constitutional crisis has thus become a topic of debate among legal scholars and the broader public.

The Download of the Week is Abstract Review in Article III Courts by E. Garrett West. Here is the abstract: Federal courts are supposed to engage in judicial review only in concrete cases and controversies. Many European constitutional courts, by contrast, engage in abstract review of legislation. But a combination of features of adjudication in the United States produces something functionally like abstract review of government policies, even while the formal justification for judicial review remains the dispute-resolution function.

<p><span>In a crisis of authority, where it is unclear whether executive officials will comply with judicial decisions, the courts may seem to have limited reme