The Yale Law Journal

Executive Power


Separation of Prosecutors

Leslie B. Arffa

The decentralized structure of the federal criminal-justice system has generated significant criticism. This Note offers a novel explanation and defense of this structure, arguing that decentralization is a feature of congressional design, not a bug of congressional abdication.  



Certification as Sabotage: Lessons from Guantánamo Bay

David Manners-Weber

Through an analysis of two recent case studies, this Comment demonstrates how certifications—requirements that government officials personally attest to some proposition—can be effective checks on the executive branch. Using observations from political science and sociology, it also describes the co…


The Trump Administration and the Breakdown of Intra-Executive Legal Process

W. Neil Eggleston & Amanda Elbogen

In the first year of the Trump Administration, a breakdown of intra-executive internal norms and legal processes has led to a remarkable series of losses in the courts. This Essay argues that such a breakdown can substantially damage both the viability of an administration’s policy agenda and public…