Harold J. Krent

Chicago-Kent College of Law

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Executive Power

The Sometimes Unitary Executive: Presidential Practice Throughout History (reviewing S. Calabresi & C. Yoo, The Unitary Executive: Presidential Power from Washington to Bush 2008), Constitutional Commentary (2009)

Pardoning Power, Encyclopedia of the Supreme Court of the United States (2008)

United States v. Nixon, 418 U.S. 683 (1974), Encyclopedia of the Supreme Court of the United States (2008)

The Lamentable Notion of Indefeasible Presidential Powers: A Reply to Professor Prakash, Cornell Law Review (2006)

Presidential Powers (2005)

Unitary Executive, Encyclopedia of the American Constitution, Supplement II (1998)

Fragmenting the Unitary Executive: Congressional Delegations of Administrative Authority Outside the Federal Government, Northwestern University Law Review (1990)

Search and Seizure

Book Review, George P. Fletcher & Jens David Ohlin, Defending Humanity: When Force Is Justified and Why, Law & Politics Book Review (2008)

The Continuity Principle, Administrative Constraint, and the Fourth Amendment, Notre Dame Law Review (2005)

Of Diaries and Data Banks: Use Restrictions Under the Fourth Amendment, Texas Law Review (1995)

Law Schools

Leadership Opportunities Hiding in Plain View (with Ronald W. Staudt), University of Toledo Law Review (2004)

Separation of Powers

Conditioning the President's Conditional Pardon Power, California Law Review (2001)

Executive Control Over Criminal Law Enforcement: Some Lessons From History, American University Law Review (1989)

Separating the Strands in Separation of Powers Controversies, Virginia Law Review (1988)

Federalism

Judging Judging: The Problem of Second-Guessing State Judges' Interpretation of State Law in Bush v. Gore, Florida State University Law Review (2001)

Turning Congress into an Agency: The Propriety of Requiring Legislative Findings, Case Western Reserve Law Review (1996)

Access to Justice

Laidlaw: Redressing the Law of Redressability, Duke Environmental Law & Policy Forum (2001)

Ombudsman

Federal Agency Ombuds: The Costs, Benefit and Countenance of Confidentiality, Administrative Law Review (2000)

Exclusionary Rule

How to Move Beyond the Exclusionary Rule: Structuring Judicial Response to Legislative Reform Efforts, Pepperdine Law Review (1999)

Administrative Procedure

Monitoring Governmental Disposition of Assets: Fashioning Regulatory Substitutes for Market Controls (with N. Zeppos), Vanderbilt Law Review (1999)

Kent, James

Foreword: The Legacy of Chancellor Kent, Chicago-Kent Law Review (1998)

Retroactive Judicial Decisions

Should Bouie Be Buoyed? Judicial Retroactive Lawmaking and the Ex Post Facto Clause (symposium), Roger Williams University Law Review (1997)

The Puzzling Boundary Between Criminal and Civil Retroactive Lawmaking, Georgetown Law Journal (1996)

Constitutional Law

The Supreme Court as an Enforcement Agency, Washington & Lee Law Review (1998)

Judicial Review of Administrative Acts

Reviewing Agency Action for Inconsistency with Prior Rules and Regulations, Chicago-Kent Law Review (1997)

The Failed Promise of Regulatory Variables, Washington University Law Quarterly (1995)

Book Review

Anthologizing the Administrative State, Journal of Legal Education (1994)

Delegation and Its Discontents (reviewing David Schoenbrod, Power Without Responsibility, Columbia Law Review (1994)

Standing (Law)

Of Citizen Suits and Citizen Sunstein (with E. Shenkman), Michigan Law Review (1993)

Government Liability

Reconceptualizing Sovereign Immunity, Vanderbilt Law Review (1992)

Federal Tort Claims Act

Preserving Discretion Without Sacrificing Deterrence: Federal Governmental Liability in Tort, UCLA Law Review (1991)

Judicial Review

Judicial Review of Nonstatutory Legal Issues, A Guide to Judicial and Political Review of Federal Agencies (2005)

E-Commerce

E-Commerce, the Internet and the Law, Cases and Materials (with Richard Warner, Graeme B. Dinwoodie & Margaret Stewart) (2007)

Administrative Law

Ancillary Issues Concerning Agency Explanations, A Guide to Judicial and Political Review of Federal Agencies (2005)

Law and Technology

Regulating Data Stored Online in the United States, When Worlds Collide: Intellectual Property, High Technology and the Law (2008)

No subject area

Federal Power, Non-Federal Actors: The Ramifications of Free Enterprise Fund, Fordham Law Review (2011)

In Free Enterprise Fund v. Public Company Accounting Oversight Board the Supreme Court invalidated Congress’s...

The Private Performing the Public: Delimiting Delegations to Private Parties (symposium), University of Miami Law Review (2011)

Whose Business is Your Pancreas?: Potential Privacy Problems in New York City's Mandatory Diabetes Registry (with N. Gingo et al.), Annals of Health Law (2008)

New York City authorities in 2006 formulated a policy requiring that medical data from all...

Fee Shifting as a Congressional Response to Adventurous Presidential Signing Statements (symposium), William & Mary Bill of Rights Journal (2007)

The Fee Shifting Remedy: Panacea or Placebo? (foreward), Chicago-Kent Law Review (1995)

Explaining One-Way Fee Shifting, Virginia Law Review (1993)

Fee Shifting Under the Equal Access to Justice Act -- A Qualified Success, Yale Law and Policy Review (1993)