Now showing items 1-10 of 64
The Facts About Unwritten Constitutionalism: A Response to Professor Rubenfeld
(Duke University School of Law, 2001)
Recess Appointments and Precautionary Constitutionalism
(Harvard University, Harvard Law School, 2013)
In Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), the D.C. Circuit held (inter alia) that the President’s constitutional power to make recess appointments does not include recesses during a session of the Senate ...
Regulating Political Risks
(TU Law Digital Commons, 2011)
This is a response to Bruce Ackerman’s Tanner Lectures, “The Decline and Fall of the American Republic,” delivered at Princeton University on April 7-9, 2010. I suggest a framework for clarifying and evaluating Ackerman’s ...
The Parliament of the Experts
(Duke University School of Law, 2009)
In the administrative state, how should expert opinions be aggregated and used? If a panel of experts is unanimous on a question of fact, causation, or prediction, can an administrative agency rationally disagree, and on ...
A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein
A central, organizing motif of Cass Sunstein's work is the effort to spell out the consequences of the New Deal for American law. I suggest that anyone who shares Sunstein's premises can and should go even farther in this ...
Self-Defeating Proposals: Ackerman on Emergency Powers
(Fordham Law Review, 2006)
This paper responds to Bruce Ackerman's recent book on emergency powers (After the Next Attack: Emergency Powers in an Age of Terrorism). Ackerman stumbles into a methodological pitfall by offering a self-defeating proposal: ...
(University of Pennsylvania, 2008)
Does Commerce Clause Review Have Perverse Effects
(Villanova University School of Law Digital Repository, 2001)
Philip Hamburger has had a vision, a dark vision of lawless and unchecked power. He wants us to see that American administrative law is “unlawful” root-and-branch, indeed that it is tyrannous -- that we have recreated, in ...