Versus Trump: Versus Plastic Guns

8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Judge Kavanaugh on Separation of Powers

8/3/18  //  In-Depth Analysis

By Carolyn Shapiro: Judge Kavanaugh has a troubling and one-sided view of liberty and how to protect it.

Take Care

Versus Trump: Trump Versus ALJs?

8/2/18  //  Commentary

On this week's episode of Versus Trump, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

A Conservative’s Conservative Before He Was Nominated and An Open-Minded Jurist After

7/31/18  //  Commentary

Judge Brett Kavanaugh’s supporters claimed that his nomination would mean a sharp right turn for the Court; but since his nominated, they have promised he will review cases as they come.

Helen Marie Berg

Michigan Law

Abigail DeHart

Michigan Law School

Leah Litman

U.C. Irvine School of Law

The Trump Administration’s Newest Target: Administrative Law Judges

7/30/18  //  In-Depth Analysis

The Trump Administration is changing the rules around hiring and firing of Administrative Law Judges, and is doing so in disturbing ways.

Versus Trump: SALT In The Wounds

7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

An Emolumental Take On the President Versus The Presidency

7/26/18  //  Quick Reactions

The recent opinion allowing the plaintiffs' emoluments claims to go forward comports with recent suggestions about separating this President from the office of the Presidency.

Leah Litman

U.C. Irvine School of Law

The Right Thing on Risk Adjustment

7/25/18  //  Commentary

The Trump administration precipitated a crisis when it announced it would suspend risk adjustment payments under the Affordable Care Act. In welcome news, it's now taking steps to address the problem.

Nick Bagley

University of Michigan Law School

Inside the Doomed Union Refund Lawsuits, Part II

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

Aaron Tang

UC Davis School of Law

The Rulification of Penalty Kicks—and a Reform Proposal

7/24/18  //  Commentary

Video Assistant Referees haven't changed the rules for soccer, but they've changed how those rules are applied

David Pozen

Columbia Law School

Versus Trump: Versus The Trump Foundation

7/19/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do some a hit on the new Mueller indictment. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?

7/19/18  //  Commentary

Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.

Michael C. Dorf

Cornell Law School

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law

Prison and Jail Conditions Worsen Under the Trump Administration—Unless You Are Paul Manafort

7/18/18  //  Commentary

In the U.S. there are many “very unfair” situations involving prisons. But Trump’s policies are making prisons worse.

Helen Marie Berg

Michigan Law

Abigail DeHart

Michigan Law School

The Unitary Executive Theory in the Shadow of High-Level Criminality

7/17/18  //  In-Depth Analysis

Judge Kavanaugh's nomination raises tough questions about how, exactly, adherents of the unitary executive theory believe we can address cases of presidential misconduct.

Aziz Huq

University of Chicago Law School