For anyone who doesn't, see this terrific piece! yalelawjournal.org/pdf/132.8.Ah...
yalelawjournal.orgPayvand AhdoutYou know how I feel about avoidance.
Профиль
Shalev Gad Roisman
Профиль VivelyLaw Professor at University of Arizona alum of OLC and Waterville Senior High School
New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
Fact Avoidance<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the forpapers.ssrn.comRecently read this great piece (outside of my US-focused area, but relevant). Highly recommend! papers.ssrn.com/sol3/papers....
Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in IndiaMany concerned citizens, including judges, bureaucrats, politicians, activists, journalists and academics, have been claiming that Indian democracy has been imppapers.ssrn.comThis looks super interesting.
Richard M ReNew paper: Unprincipled Adjudication papers.ssrn.com/sol3/papers....
I totally agree with this. For my own extended exploration of how far the Court's exclusive powers logic would go--and how to get out of it--see my forthcoming piece on "The Exclusive Powers Presidency" papers.ssrn.com/sol3/papers....
The Exclusive Powers PresidencyOver the last decade, the Roberts Court has quietly transformed separation of powers law by centering the President’s “exclusive” powers. Yet the Court does notpapers.ssrn.comJosh Chafetz4/4 Anyway, I've got more to say about this in the removals context in a forthcoming piece, but it is notable that the underlying UET logic has moved out of the removals context and into the entirety of policymaking.
Important post on OLC's recent PRA opinion by always-must-read @jshaub.bsky.social I confess, however, that I am less surprised than many by the op, which strikes me as the latest iteration in the burgeoning "Exclusive Powers Presidency" the Roberts Ct has enabled papers.ssrn.com/sol3/papers....
The Exclusive Powers PresidencyOver the last decade, the Roberts Court has quietly transformed separation of powers law by centering the President’s “exclusive” powers. Yet the Court does notpapers.ssrn.comJonathan ShaubSome thoughts from me up today on the shocking OLC opinion declaring the Presidential Records Act unconstitutional, the Justice Dept's defense of the opinion in 2 cases set for hearing tomorrow, what the implications are for presidential records, and what the opinion says about OLC more broadly