Recent | Take Care

Polarization, Deregulation, and Situational Legalism

1/16/18 // Commentary

Highlights from a recent conference on deregulation in the Trump era

Zachary Price

U.C. Hastings College of the Law

Symposium on 'Constitutional Coup' by Jon Michaels

1/14/18 // Latest Developments

Take Care is pleased to host a symposium on Constitutional Coup

Joshua Matz

The Integrity Of The Net Neutrality Record And Deference

1/12/18 // Commentary

The FCC was targeted for a misinformation campaign and then relied upon an uncorrected record to support its order undoing net neutrality protections. That might matter.

Tejas Narechania

UC Berkeley School of Law

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18 // Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

Zachary Price

U.C. Hastings College of the Law

De-Privatizing Our Public Philosophy

1/11/18 // In-Depth Analysis

Michaels understates the danger posed by a lack of social solidarity in America, a state of alienation Americans feel from one another that has been deliberately fed by right-wing politicians for at least the last four decades.

Peter M. Shane

Ohio State, Moritz College of Law

Let’s Not Make A Constitutional Case Out Of This

1/11/18 // In-Depth Analysis

Is an administrative separation of powers mandated by the Constitution, as Michaels suggests that it is?

Ian Millhiser

CAP

The Politics of Administrative Reform

1/10/18 // In-Depth Analysis

Michaels is absolutely right in his diagnosis of the current state of administrative governance. And his book could well prove an important step towards fixing it. But if that fix comes, it is far more likely to be primarily via those politicians than by the judges they appoint.

Josh Chafetz

Cornell Law School

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

You’re So Vain … You Probably Think This Book’s About You

1/8/18 // Commentary

An introduction to this week's symposium on my new book, 'Constitutional Coup: Privatization’s Threat to the American Republic'

Jon D. Michaels

UCLA School of Law

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

The FCC's Net Neutrality Two Step

1/5/18 // Commentary

The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.

Tejas Narechania

UC Berkeley School of Law