Recent | Take Care

Stopping Conflicts of Interest in Federal Investigations: The Next Legislative Priority

Congress could take action to deter this type of pardon and accelerate the political backlash against pardons used to undermine investigations and the rule of law

Protect Democracy

Versus Trump: Versus Whitaker, In-Depth

12/6/18 // Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Are We All Textualists Now?

12/5/18 // Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

Thoughts on Roberts and Trump

11/26/18 // Quick Reactions

We have at once a highly political appointment process and a strong judicial ethos of being above politics.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Versus Whitaker (JH solo)

11/15/18 // Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Jason Harrow

Gerstein Harrow LLP

Federalism and the Senate

11/15/18 // In-Depth Analysis

Nothing valuable about our federalism depends on letting each state appoint the same number of representatives in the Senate

Richard Primus

University of Michigan Law School

The Justice Department’s New Tactic

11/12/18 // Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

How Much of a Problem is the Senate?

11/12/18 // In-Depth Analysis

I'd like to raise a few questions about the current bout of Senate skepticism that rests on first principles

Michael C. Dorf

Cornell Law School

Finding a Floor for Inter-branch Conflict

11/2/18 // In-Depth Analysis

Intensifying political conflicts are steadily shredding the buffers around our constitutional architecture. How should courts respond?

Zachary Price

U.C. Hastings College of the Law

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

What to Make of Chief Justice Roberts’ Stay of the Juliana Case

10/25/18 // Quick Reactions

What happens next in a lawsuit arguing that the United States has failed to protect against the ravages of climate change?

Ann Carlson

UCLA School of Law

A Progressive Yankee in John Roberts’ Court

10/17/18 // In-Depth Analysis

Instead of seeking to restructure or undermine the Supreme Court, progressives should focus on advancing their cause through conservative arguments

Daniel Hemel

University of Chicago Law School

Advancing a Left-Liberal Jurisprudence

10/16/18 // In-Depth Analysis

Winning elections isn’t enough. Progressive majorities need to be willing to invest significant political capital in judges who are committed to a left-liberal jurisprudence.

Jon D. Michaels

UCLA School of Law

Why Democrats Should Pack the Supreme Court

10/15/18 // In-Depth Analysis

Republicans have broken the rules time and again. For Democrats not to respond in kind is to commit political suicide.

Michael Klarman

Harvard Law School

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP