An Ode to the Career Bureaucracy

1/10/18  //  In-Depth Analysis

It would be a delicious irony if the President’s attempts to circumvent the internal checks on his authority were ultimately to serve to revitalize the external constraints on presidential power, as has been a legacy of presidents past.

Rebecca Ingber

BU Law School

Bureaucratic Exit and Loyalty under Trump

1/9/18  //  In-Depth Analysis

Fostering a greater sense of bureaucratic loyalty will help to ensure that when the going gets tough, the tough don’t get going.

Jennifer Nou

University of Chicago Law School

Against Cutting the President’s Purse Strings

1/7/18  //  In-Depth Analysis

No, Congress doesn't have a duty to provide the resources necessary for the executive branch to adequately fulfill its constitutional functions.

Zachary Price

U.C. Hastings College of the Law

Emoluments, Zone of Interests, and Political Questions: The 13th and 14th Strokes of the Clock

12/26/17  //  In-Depth Analysis

Judge Daniels's opinion dismissing CREW's emoluments case makes profound errors in assessing 'zone of interests' and the political question doctrine. These errors are so grave that they cast doubt on the whole opinion.

Jed Shugerman

Fordham Law School

Versus Trump: #MeToo vs. Trump

12/14/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Yes, the President Can Obstruct Justice through Official Acts

12/12/17  //  In-Depth Analysis

If one branch — one person — can monopolize law enforcement with impunity, it is hard to see how their interpretation takes checks and balances, constitutionalism, and limited government seriously.

Jed Shugerman

Fordham Law School

Versus Trump: Trump Versus Anti-Discrimination Laws (with guest Joshua Matz)

12/7/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument

12/6/17  //  In-Depth Analysis

If the baker loses in Masterpiece, could the government compel an African American sculptor to sculpt a cross for a Klan service? No, it could not.

Michael C. Dorf

Cornell Law School

What Masterpiece Cakeshop is Really About

12/6/17  //  In-Depth Analysis

The Alliance Defending Freedom, which represents Masterpiece Cakeshop, is not interested in a narrow exemption. Rather, ADF is taking aim at the very legitimacy of LGBT people and legal protections for them.

Douglas NeJaime

Yale Law School

Reva Siegel

Yale Law School

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17  //  In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Civil Rights Corps

Net Neutrality

11/28/17  //  In-Depth Analysis

Where did the existing rules come from? What do these rules accomplish? And what effect might their repeal have?

Tejas Narechania

UC Berkeley School of Law

Not So Fast, Mr. President

11/24/17  //  In-Depth Analysis

Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.

Brianne J. Gorod

Constitutional Accountability Center

Antitrust After the Fall

11/21/17  //  In-Depth Analysis

Trump has needlessly created many reasons to look skeptically on DOJ's justified, important lawsuit to prevent AT&T and Times Warner from merging.

Eric Citron

Goldstein & Russell

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17  //  In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School