Search
Now showing items 1-7 of 7
Emergencies and Democratic Failure
(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 ...
Crisis Governance in the Administrative State: 9/11 and the Financial Meltdown of 2008
(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 ...
Should Coercive Interrogation Be Legal?
(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 ...
Originalism and Emergencies: A Reply to Lawson
(The Boston University School of Law, 2007)
The Credible Executive
(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 ...
Divide and Conquer
(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 ...
Constitutional Showdowns
(University of Pennsylvania, 2008)