Shalev Gad Roisman
@shalevroisman.bsky.social
📤 1960
📥 263
📝 177
Law Professor at University of Arizona alum of OLC and Waterville Senior High School
pinned post!
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers." The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
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President Trump in the Era of Exclusive Powers - Harvard Law Review
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
https://harvardlawreview.org/blog/2025/04/president-trump-in-the-era-of-exclusive-powers/
about 1 year ago
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Noah Rosenblum
9 days ago
Now up on
@ssrn.bsky.social
, my latest with
@levmenand.bsky.social
on The Case for Administrative Law Pluralism, forthcoming in the exciting new edited collection by
@blakeprof.bsky.social
,
@joshuamacey.bsky.social
,
@ksabeelrahman.bsky.social
, and Bijal Shah. (1/4)
papers.ssrn.com/sol3/papers....
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The Case for Administrative Law Pluralism
<p><span>Federal administrative law is in flux. The Roberts Court has upended its doctrinal foundations, and the Second Trump Administration has flouted its lon
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6963378
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Aaron Bruhl
10 days ago
I have posted a revised version of my forthcoming article on “The General Law and the Local Law of Interpretation.” I hope it may be of value to people interested in: (1) the early American history of statutory interpretation, (2) state statutory interpretation (where the action was), and …
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The General Law and the Local Law of Interpretation
Long presumed obsolete after Erie Railroad v. Tompkins, the "general common law" has reemerged as a subject of serious inquiry in recent scholarship i
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6211858
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Jeff Ostler
17 days ago
Just finished Keith Richotte's brilliant and hilarious book THE WORST TRICKSTER STORY EVER TOLD. If you want an entertaining and enlightening read about Native America, the Supreme Court, and U.S. Constitution, this is the one.
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This looks super interesting.
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17 days ago
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Richard M Re
17 days ago
New paper: Unprincipled Adjudication
papers.ssrn.com/sol3/papers....
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Unprincipled Adjudication
What is unprincipled adjudication and when, if ever, is it justified? In addressing those questions, this essay attempts to complete a project begun with Profes
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6920878
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Marin K. Levy
18 days ago
Very grateful "Remedies for a Constitutional Crisis" with
@williambaude.bsky.social
and Sam Bray is now out . . .
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Remedies for a Constitutional Crisis - Harvard Law Review
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
https://harvardlawreview.org/print/vol-139/remedies-for-a-constitutional-crisis/
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Josh Chafetz
19 days ago
I've just posted a new (fairly short!) paper on unitary executive theory's impoverished theory of democratic accountability. Give it a read -- I'd love to hear any thoughts!
papers.ssrn.com/sol3/papers....
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Of Multiplicity and Accountability
<div> Unitary executive theory has, since <i>Myers v. United States</i>, been premised on a conception of democratic accountability. On this view, the presiden
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6907421
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Jack Rakove
19 days ago
This is a very perceptive, insightful essay. There are a couple of historiographical points I might quibble with—but so what? It also conveys the terrible juxtaposition of Gordon’s death with the moral gravity of the 250th, something we are finding it difficult to grasp.
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Jonathan Gienapp
19 days ago
Deeply saddened to learn of Gordon Wood's passing. Few have had an equal impact on the study of the American Founding, or on my own intellectual development. No book is more responsible for making me a historian of early constitutional history than Wood's *The Creation of the American Republic*.
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Stanford Law Review
27 days ago
In the first Article,
@nicholasbednar.bsky.social
&
@tphillips.bsky.social
present an empirical study of quorum rules in multimember commissions and contend presidential removals that destroy a quorum may be unconstitutional if they frustrate the executive's duty to faithfully execute the laws.
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Commission Quorums | Stanford Law Review
https://www.stanfordlawreview.org/print/article/commission-quorums/
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Stanford Law Review
27 days ago
In the second Article,
@nicholashandler.bsky.social
recovers the overlooked legal and administrative history of the federal loyalty program, arguing that it played a formative role in developing modern civil service protections.
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The Administrative Law of McCarthyism | Stanford Law Review
https://www.stanfordlawreview.org/print/article/the-administrative-law-of-mccarthyism/
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Dan Walters
27 days ago
Super excited to see this in print!
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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....
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about 1 month ago
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Dan Deacon
about 1 month ago
My final report to the Administrative Conference of the United States on drafting regulatory preambles in light of recent developments in judicial review of agency action is now available
papers.ssrn.com/sol3/papers....
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Drafting Regulatory Preambles (Report to the Administrative Conference of the United States)
This is a report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in ju
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6446287
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Julian Davis Mortenson
about 1 month ago
Q re teaching Take Care / nonenforcement. Has anybody pulled together examples of statutes that say some consequence "shall" be imposed on violators, when in fact they're obviously not always imposed? Like eg 31 USC 1350 says violations of Antideficiency Act "shall" result in fines or imprisonment.
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Lawrence Solum
about 2 months ago
Chachko on the New Emergency Law Elena Chachko (UC Berkeley School of Law) has posted The New Emergency Law (95 George Washington Law Review, forthcoming 2027) on SSRN. Here is the abstract: The last three presidential administrations invoked delegated emergency authority in novel and expansive…
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Chachko on the New Emergency Law
Elena Chachko (UC Berkeley School of Law) has posted The New Emergency Law (95 George Washington Law Review, forthcoming 2027) on SSRN. Here is the abstract: The last three presidential administrations invoked delegated emergency authority in novel and expansive ways with substantial domestic effect. Key executive actions like the imposition of global tariffs, removal under the Alien Enemies Act, deployment of the military to major American cities, the construction of a border wall, tech platform regulation, and COVID-19 response relied on statutory emergency authority.
https://legaltheoryblog.com/2026/05/12/chachko-on-the-new-emergency-law/
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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....
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about 2 months ago
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Noah Rosenblum
about 2 months ago
Thrilled to share my latest, with
@rickhills.bsky.social
, in
@dukelaw.bsky.social
’s DLJ! Presidential Administration After Arthrex tries to work within the Supreme Court’s current Article II jurisprudence to reconcile a powerful, democratic president with competent administration. (1/3)
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Jamal Greene
2 months ago
The great Chris Fonzone lays out in detail just how lacking OLC's recent PRA opinion is in compelling or responsible legal analysis.
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Chris Walker
3 months ago
New to SSRN: The George Washington Law Review invited me to pen the foreword to its annual administrative law issue. Here's a draft of that article, entitled Proportionality in Administrative Law:
ssrn.com/abstract=655...
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Oren Tamir
3 months ago
Please join us as we celebrate the publication of the 3rd edition of the Comparative Administrative Law Handbook: New Voices, New Perspectives!! April 29, 12:30pm EDT over Zoom. We have great panelists to explain the handbook's vision, present its chapters, and comment on it.
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Jeanne Fromer
3 months ago
I'm delighted that my article "First Ideas" is now published in the Georgetown Law Journal
@georgetownlaw.bsky.social
www.law.georgetown.edu/georgetown-l...
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First Ideas
We live in a world obsessed with firsts, in terms of accomplishments, creations, races, and milestones. At the same time, societal understandings of “first” can obscure others who in fact came beforehand. This Article is about understanding the hold that the idea of “first” has over intellectual property laws and how this hold can make the allocation of intellectual property rights less effective. It locates the roots of “first” as a basis to allocate rights in traditional property law. It then sets out four values that a rule of first possession can be seen to promote when it is transplanted to intellectual property: fairness, order, societal benefits, and rhetorical power.
https://www.law.georgetown.edu/georgetown-law-journal/in-print/volume-114/volume-114-issue-2-december-2025/first-ideas/
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University of Richmond School of Law
3 months ago
Calling all junior law faculty! Join us for the 2026 Junior Faculty Forum at Richmond Law on May 20-21 to present your scholarship, gain feedback, and network in a collegial setting.
richmond.iad1.qualtrics.com/jfe/form/SV_...
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Chris Walker
3 months ago
New to SSRN: @Aaron_L_Nielson and I have posted a draft of our new paper, Article II and the Civil Service, which the Virginia Law Review will kindly be publishing. Plenty of time to incorporate feedback. Link here:
papers.ssrn.com/sol3/papers....
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Christine Kexel Chabot
3 months ago
“The Interstitial Executive” is forthcoming in the BYU Law Review! Historical officer commissions show that the Founding generation recognized Congress’s power to insulate executive officials from political control.
papers.ssrn.com/sol3/papers....
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Great piece!
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3 months ago
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Jameel Jaffer
3 months ago
Cornell Law School's
@gshans.bsky.social
on "First Amendment Balancing" -- new in
@knightcolumbia.org
's series on "Reconstructing Free Expression"
knightcolumbia.org/blog/first-a...
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First Amendment Balancing, or, How I Learned to Stop Worrying and Become a Breyerian
https://knightcolumbia.org/blog/first-amendment-balancing-or-how-i-learned-to-stop-worrying-and-become-a-breyerian
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Richard M Re
3 months ago
www.scotusblog.com/2026/03/just...
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Justice Scalia’s uncertain legacy
Controlling Opinions is a recurring series by Richard Re that explores the interaction of law, ideology, and discretion at the Supreme Court. On the surface, Justice Antonin Scalia’s legacy has […]
https://www.scotusblog.com/2026/03/justice-scalias-uncertain-legacy/
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Thank you very much, Larry, for the coveted "Highly Recommended" designation. I'd very much welcome comments and criticisms on the piece.
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3 months ago
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Lawrence Solum
4 months ago
Macey, Richardson, & Ramakirshnan on General Law Contitutionalism Joshua Macey (Yale University - Law School), Brian Richardson (Cornell University - Law School), & Ketan Ramakrishnan (Yale University - Law School) have posted Against General Law Constitutionalism (University of Chicago Law Review…
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Macey, Richardson, & Ramakirshnan on General Law Contitutionalism
Joshua Macey (Yale University - Law School), Brian Richardson (Cornell University - Law School), & Ketan Ramakrishnan (Yale University - Law School) have posted Against General Law Constitutionalism (University of Chicago Law Review (forthcoming)) on SSRN. Here is the abstract: This Article considers when and under what circumstances the "general law," a species of unwritten law grounded in legal customs and practices shared across different legal jurisdictions, might be used in modern constitutional interpretation.
https://legaltheoryblog.com/2026/03/10/macey-richardson-ramakirshnan-on-general-law-contitutionalism/
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Matthew Lawrence
4 months ago
At the 2026 National Conference of Constitutional Law Scholars. The Rehnquist Center at Arizona Law puts together a great program. Neat to see tomorrow’s debates forming…and the sunsets aren’t bad.
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Lawrence Solum
4 months ago
Almendares on Unitary Enforcement Nicholas Almendares (Indiana University Maurer School of Law) has posted Unitary Enforcement on SSRN. Here is the abstract: Enforcement is an essential part of law. Yet, increasingly Congress has no say over it. A full-throated embrace of the unitary executive…
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Almendares on Unitary Enforcement
Nicholas Almendares (Indiana University Maurer School of Law) has posted Unitary Enforcement on SSRN. Here is the abstract: Enforcement is an essential part of law. Yet, increasingly Congress has no say over it. A full-throated embrace of the unitary executive theory by the Supreme Court has combined with other doctrines to push ever more power over enforcement to the executive branch—to the President.
https://legaltheoryblog.com/2026/02/27/almendares-on-unitary-enforcement/
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Marin K. Levy
4 months ago
What a treat to review Kevin Arlyck's new book - The Nation at Sea: The Federal Courts and American Sovereignty, 1789–1825 for jotwell . . . ⚖️ ⚓
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Judicial Sovereignty-Making at the Country’s Start - Courts Law
Kevin Arlyck, The Nation at Sea: The Federal Courts and American Sovereignty, 1789–1825 (2025).Marin K. LevyMelville’s Ishmael declares in the opening chapter of Moby Dick, “Whenever I find myself gro...
https://courtslaw.jotwell.com/judicial-sovereignty-making-at-the-countrys-start/?_gl=1*1ebne9z*_ga*ODM5NTg5MjYuMTc2OTc4NTMxOA..*_ga_BXXRV43J3Z*czE3NzE4OTU3MTUkbzckZzEkdDE3NzE4OTU3MTUkajYwJGwwJGgw
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Richard M Re
4 months ago
Timely.
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Richard Primus
4 months ago
University of Michigan: On Friday, come participate in a day-long conference discussing/criticizing my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* With Profs. Jack Balkin (Yale), Maggie Blackhawk (NYU), Sam Erman (Michigan), Jonathan Gienapp (Stanford)… (1/4)
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Oren Tamir
4 months ago
Important paper!
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The repeated acknowledgment of overlapping powers by Gorsuch and the adoption of a core/periphery distinction for the non delegation doctrine by Thomas certainly suggest a shift in SOP formalism on the Court might be on the way.
@richardre.bsky.social
4 months ago
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Anything else big happen in separation of powers law today?
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4 months ago
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NEW PAPER: I have posted a draft of my latest paper on "The Exclusive Powers Presidency" on SSRN. Abstract below!
papers.ssrn.com/sol3/papers....
The Article argues that the Roberts Court has recently transformed separation of powers law by centering the President's "exclusive" powers. 1/6
4 months ago
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William Baude
5 months ago
Call for papers!
www.law.uchicago.edu/form/uchicag...
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Josh Chafetz
4 months ago
Very happy to announce that The Chadha Presidency is now forthcoming in the
@georgetownlj.bsky.social
!
ssrn.com/abstract=536...
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https://ssrn.com/abstract=5360131
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Lawrence Solum
5 months ago
Ahdout on Political Mootness Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's…
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Ahdout on Political Mootness
Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's subpoena power and power of the purse. In the last two decades, none of these disputes with the government represented on both sides of the "v" has ended in a final judgment on the merits.
https://legaltheoryblog.com/2026/02/03/ahdout-on-political-mootness/
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Marty Lederman
5 months ago
Link to Gillian's article, which is (characteristically) terrific.
harvardlawreview.org/forum/vol-13...
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Disqualification, Immunity, and the Presidency - Harvard Law Review
Trump v. Anderson and Trump v. United States were two momentous decisions in a momentous Supreme Court term. Sharing then-former — and now current — President Trump as...
https://harvardlawreview.org/forum/vol-138/disqualification-immunity-and-the-presidency/
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Aileen Kavanagh
5 months ago
Huge thanks to
@lsolum.bsky.social
for ‘highly recommending’ my paper on living constitutionalism now available on SSRN. That’s made my day! The paper is part of a new Research Handbook on Constitutional Interpretation out now with Edward Elgar.
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Micah Schwartzman
5 months ago
As part of
@yalelawjournal.bsky.social
’s new online Supreme Court review, my latest focuses on Catholic Charities. I ask about the role of religious motivation in granting exemptions and in limiting state support for religion — and why it matters for one but apparently not for the other.
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The Asymmetry of Religious Motivation | Yale Law Journal
The Supreme Court’s religious freedom doctrine treats religious motivation asymmetrically: with respect to free exercise, religious motivation suffices for...
https://yalelawjournal.org/supreme-court-collection/the-asymmetry-of-religious-motivation
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Kristin E. Hickman
5 months ago
Attn junior admin law scholars--submit your abstracts by 2/27 for the annual new scholarship roundtable--a fantastic venue for getting feedback & making connections in the field--this year at Vanderbilt Law. Details at the link:
www.yalejreg.com/nc/call-for-...
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Call for Papers: Eleventh Annual Administrative Law New Scholarship Roundtable - Yale Journal on Regulation
Vanderbilt Law School is very pleased to host the Eleventh Annual Administrative Law New Scholarship Roundtable on June 2-3, 2026. For the past ten years, the Roundtable has offered administrative law...
https://www.yalejreg.com/nc/call-for-papers-eleventh-annual-administrative-law-new-scholarship-roundtable
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Oren Tamir
5 months ago
Happening tomorrow—come join us!
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Julian Davis Mortenson
5 months ago
Friedman & Mortenson Constitutional Law is currently sold out of literally every outlet because the uptake of adoptions continues at such an astonishing rate. (2x adoptions Spring 2026 vs Spring 2025 😱) 9 out of 10 dentists agree: don't walk, run to adopt this exceptional platform next year 😇
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Jed H. Shugerman
6 months ago
3/ Gary Lawson and I have made a similar argument in this paper: The Constitution delegates presidential removal rules to Congress. Congress has more latitude to limit presidential removal power & set conditions, so long as the conditions are "necessary and proper":
papers.ssrn.com/abstract=573...
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Presidential Removal as Article I, Not Article II
Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits on that power. <br><br>Many legal
https://papers.ssrn.com/abstract=5736583
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