Conflict of Interest Isn’t a Game
When Trump makes claims about conflicts of interest without any reference to the applicable rules, he's just shooting squid ink.
A New Front in the Emolument Wars
If the people of this nation want a president who acts unclouded by private financial benefits, they must step up and insist that their officials not pay illegal emoluments to Trump in the first place
Foreign Emoluments, Alexander Hamilton & A Twitter Kerfuffle
Last week, Brianne Gorod strongly refuted the claim that Alexander Hamilton thought presidents are free to accept foreign emoluments. Her post sparked a bout of criticism on Twitter. But that criticism is weak even on its own limited terms—and should not obscure Brianne's vital contribution to a debate of surpassing national importance.
What It Means To Be Presidential: Litigating Positions
Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.
What Alexander Hamilton Really Said
For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.
Emoluments and Justiciability
Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.
Asymmetric Geographical State Standing
The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.