Now showing items 1-9 of 9

    • Chevronizing Foreign Relations Law 

      Posner, Eric A.; Sunstein, Cass Robert (Yale Law School, 2007)
      A number of judge-made doctrines attempt to promote international comity by reducing possible tensions between the United States and foreign sovereigns. For example, courts usually interpret ambiguous statutes to conform ...
    • The Credible Executive 

      Posner, Eric A.; Vermeule, Cornelius Adrian (University of Chicago Press, 2007)
      Legal and constitutional theory has focused chiefly on the risk that voters and legislators will trust an ill-motivated executive. This paper addresses the risk that voters and legislators will fail to trust a well-motivated ...
    • Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008 

      Vermeule, Cornelius Adrian; Posner, Eric A. (University of Chicago Press, 2010)
      This essay compares crisis governance and emergency lawmaking after 9/11 and the financial meltdown of 2008. We argue that the two episodes were broadly similar in outline, but importantly different in detail, and we attempt ...
    • Divide and Conquer 

      Posner, Eric A.; Spier, Kathryn E.; Vermeule, Cornelius Adrian (Oxford University Press (OUP), 2010)
      The maxim “divide and conquer” (divide et impera) is invoked frequently in law, history, and politics, but often in a loose or undertheorized way. We suggest that the maxim is a placeholder for a complex of ideas related ...
    • Emergencies and Democratic Failure 

      Posner, Eric A.; Vermeule, Cornelius Adrian (Virginia Law Review Association, 2006)
      Critics of emergency measures such as the U.S. government’s response to 9/11 invoke the Carolene Products framework, which directs courts to apply strict scrutiny to laws and executive actions that target political or ...
    • The New International Law Scholarship 

      Goldsmith, Jack L.; Posner, Eric A. (published by students at the University of Georgia School of Law, 2006)
      This essay replies to criticisms advanced at a conference on our book, The Limits of International Law. We engage the critics on several methodological issues, we attempt to correct misimpressions about some of our arguments, ...
    • On Learning From Others 

      Posner, Eric A.; Sunstein, Cass Robert (Stanford Law School, 2007)
      Some people think that the practices of many courts in many countries, or in many relevant countries, offer helpful guidance to courts in other countries, when those courts are approaching hard or novel questions. In their ...
    • Originalism and Emergencies: A Reply to Lawson 

      Posner, Eric A.; Vermeule, Cornelius Adrian (The Boston University School of Law, 2007)
    • Should Coercive Interrogation Be Legal? 

      Posner, Eric A.; Vermeule, Cornelius Adrian (Michigan Law Review, 2006)
      Coercive interrogation is now a live subject, thanks to 9/11. At one time, coercive interrogation played a role only in philosophical disputes about consequentialism, in which scholars asserted or denied that the police ...