Recent | Take Care

Let’s Not Make A Constitutional Case Out Of This

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

CAP

The Politics of Administrative Reform

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

Process Matters Too

1/9/18 // Uncategorized

Trump is undermining the administrative separation of powers by circumventing the Senate’s advice-and-consent process in naming leaders of executive branch agencies

Brianne J. Gorod

Constitutional Accountability Center

The Overlap Between Impeachment and the 25th Amendment

1/9/18 // Commentary

These are different mechanisms for achieving overlapping goals.

Michael C. Dorf

Cornell Law School

Trump Threat To Sue Over 'Fire & Fury' Includes Bogus Inducement to Breach Claim Re Bannon

1/8/18 // Commentary

Can the author or publisher of a book be held liable for inducing the breach of a nondisclosure agreement (NDA)? Spoiler alert: The answer is almost certainly no.

Michael C. Dorf

Cornell 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

Paul Manafort's Many-Flawed Challenge to Prosecutorial Authority

1/4/18 // Commentary

This lawsuit likely will face early dismissal.

Peter M. Shane

Ohio State, Moritz College of Law

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

What Will You Do if Mueller is Fired?

12/23/17 // Commentary

If your tendency, like mine, is to deliberate when called to action, my humble suggestion is simply this: Deliberate now. Reflect on what you will do now. Decide now.

Andrew Crespo

Harvard Law School