Recent | Take Care

Versus Trump: 2017 Scorecard

1/4/18 // Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

District Court Tries Too Hard To Duck Emoluments Clause Case

12/27/17 // Commentary

I did not expect that a federal district judge would simply fail to apply the law that currently binds him. Yet that's more or less what Judge Daniels did in dismissing the CREW emoluments case.

Michael C. Dorf

Cornell Law School

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

Why Does DHS Need a Corporate Headhunter?

12/18/17 // Quick Reactions

The LA Times has reported on a $300M deal between the Department of Homeland Security and Accenture. This is a major development.

Jon D. Michaels

UCLA School of Law

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

D.C. and Maryland Have Standing to Sue for Emoluments Clause Violations

11/16/17 // Commentary

On Tuesday, we and 18 other law professors submitted an amicus brief in federal district court arguing that the District of Columbia and Maryland have standing to pursue their constitutional claims.

Seth Davis

U.C. Irvine School of Law

Daniel Hemel

University of Chicago Law School

Want To Know What’s Been Happening Lately in the Congressional Emoluments Case? A Lot.

11/9/17 // Latest Developments

Updated on a case against the President for his violations of the Constitution's Emoluments Clauses.

Brianne J. Gorod

Constitutional Accountability Center

Tax Consequences of Legal Defense Funds

10/24/17 // In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

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Versus Trump: So, Can California Really Do That?

10/5/17 // Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17 // In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

Conference on 'Populist Plutocrats: Lessons from Around the World'

9/6/17 // Latest Developments

On September 23, Harvard Law School will host a one-day conference about populist plutocrats, a label many apply to President Trump.

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Questions about the Emoluments Amicus Brief on Behalf of Trump

8/31/17 // In-Depth Analysis

The amicus brief filed by Seth Barrett Tillman and Josh Blackman has some serious problems with how it represents its historical sources.

Jed Shugerman

Fordham Law School

Important Update on an Emoluments Case Against Trump

8/5/17 // Latest Developments

Late last night, the plaintiffs in CREW v. Trump filed their brief opposing President Trump's motion to dismiss the case.

Joshua Matz

A Little More on Alexander Hamilton and the Foreign Emoluments Clause

8/1/17 // In-Depth Analysis

A trip to the National Archives turned up some fascinating evidence about Alexander Hamilton and foreign emoluments.

Brianne J. Gorod

Constitutional Accountability Center

All TC Analysis of Emoluments Issues & Cases

8/1/17 // Latest Developments

Take Care presents an organized guide to our coverage of the Foreign and Domestic Emoluments Clauses.

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