Browsing HLS Scholarly Articles by Author "Vermeule, Cornelius"

Now showing items 21-40 of 64

    • Deterring Murder: A Reply 

      Sunstein, Cass Robert; Vermeule, Cornelius Adrian (Stanford Law School, 2006)

    • 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 ...

    • Does Commerce Clause Review Have Perverse Effects 

      Vermeule, Cornelius Adrian (Villanova University School of Law Digital Repository, 2001)

    • 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 Facts About Unwritten Constitutionalism: A Response to Professor Rubenfeld 

      Vermeule, Cornelius Adrian (Duke University School of Law, 2001)

    • Ideals and Idols 

      Vermeule, Cornelius Adrian (2011)

    • Improving Deference: Chevron as a Voting Rule 

      Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)

    • Improving Deference: Chevron as a Voting Rule 

      Gersen, Jacob E.; Vermeule, Cornelius Adrian (Yale Law School, 2007)

    • Institutional Design of a Thayerian Congress 

      Garrett, Elizabeth; Vermeule, Cornelius Adrian (Duke University School of Law, 2001)

    • Instrumentalisms 

      Vermeule, Cornelius Adrian (Harvard University, Harvard Law School, 2007)

    • Intermittent Institutions 

      Vermeule, Cornelius Adrian (Sage Publications, 2011)
      Standing institutions have continuous existence: examples include the United Nations, the British Parliament, the U.S. presidency, the standing committees of the U.S. Congress, and the Environmental Protection Agency. ...

    • Introduction: Political Risk and Public Law 

      Vermeule, Cornelius Adrian (Oxford University Press (OUP), 2012)
      On December 15-16, 2011, Harvard Law School convened a conference on “Political Risk and Public Law.” A special issue of the Journal of Legal Analysis will be devoted to publishing papers on this topic by Jon Elster, Edward ...

    • The Invisible Hand in Legal and Political Theory 

      Vermeule, Cornelius Adrian (Virginia Law Review Association, 2010)
      Theorists have offered invisible-hand justifications for a range of legal institutions, including the separation of powers, free speech, the adversary system of litigation, criminal procedure, the common law, and property ...

    • Judicial Review and Institutional Choice 

      Vermeule, Cornelius Adrian (2002)

    • The Judiciary Is a They, Not an It: Interpretive Theory and the Fallacy of Division 

      Vermeule, Cornelius Adrian (University of San Diego School of Law, 2005)
      In the theory of constitutional and statutory interpretation, dynamic arguments point to the beneficial effects on legislative behavior that will result if "judges" or "courts" adopt a particular approach to interpretation. ...

    • The Law of “Not Now”: When Agencies Defer Decisions 

      Sunstein, Cass Robert; Vermeule, Cornelius Adrian (Georgetown University Law Center, 2014)
      Administrative agencies frequently say “not now.” They defer decisions about rulemaking or adjudication, or decide not to decide, potentially jeopardizing public health, national security, or other important goals. Such ...

    • Lawfare from the Bench 

      Vermeule, Cornelius Adrian (2011)

    • Libertarian Administrative Law 

      Sunstein, Cass Robert; Vermeule, Cornelius Adrian (University of Chicago Press, 2015)
      In recent years, several judges on the nation’s most important regulatory court -- the United States Court of Appeals for the District of Columbia Circuit -- have given birth to libertarian administrative law, in the form ...

    • Libertarian Panics 

      Vermeule, Cornelius Adrian (Rutgers School of Law, 2005)
      In a standard analysis, the history of civil liberties is characterized by a series of security panics. A range of mechanisms - cognitive heuristics and biases, various forms of cascading and herding, conformity and ...

    • Local Wisdom 

      Vermeule, Cornelius Adrian (2012)