Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Judging Discriminatory Intent, Aziz Huq
Judging Discriminatory Intent, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Presidential Obstruction Of Justice, Daniel Hemel, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
Amicus Brief In Class V. United States, Albert W. Alschuler
Amicus Brief In Class V. United States, Albert W. Alschuler
Public Law and Legal Theory Working Papers
No abstract provided.
Arguing With Friends, William Baude, Ryan D. Doerfler
Arguing With Friends, William Baude, Ryan D. Doerfler
Public Law and Legal Theory Working Papers
No abstract provided.
Can New York Publish President Trump's State Tax Returns?, Daniel Hemel
Can New York Publish President Trump's State Tax Returns?, Daniel Hemel
Public Law and Legal Theory Working Papers
No abstract provided.
Constitutionalism, Legitimacy, And Public Order: A South African Case Study, Aziz Huq
Constitutionalism, Legitimacy, And Public Order: A South African Case Study, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
Institutional Loyalties In Constitutional Law, David Fontana, Aziz Huq
Institutional Loyalties In Constitutional Law, David Fontana, Aziz Huq
Public Law and Legal Theory Working Papers
No abstract provided.
The Triumph Of Fault In Public Law, Aziz Huq, Genevieve Lakier
The Triumph Of Fault In Public Law, Aziz Huq, Genevieve Lakier
Public Law and Legal Theory Working Papers
No abstract provided.
Accidents And Aggregates, Lee Anne Fennell
Accidents And Aggregates, Lee Anne Fennell
Public Law and Legal Theory Working Papers
No abstract provided.
The Right To Work And The Right To Strike, Laura Weinrib
The Right To Work And The Right To Strike, Laura Weinrib
Public Law and Legal Theory Working Papers
No abstract provided.
Miranda's Fourfold Failure, Albert W. Alschuler
Miranda's Fourfold Failure, Albert W. Alschuler
Public Law and Legal Theory Working Papers
No abstract provided.
The Decline Of Supreme Court Deference To The President, Eric A. Posner, Lee Epstein
The Decline Of Supreme Court Deference To The President, Eric A. Posner, Lee Epstein
Public Law and Legal Theory Working Papers
No abstract provided.
The Myth Of Fourth Amendment Circularity, Lior Strahilevitz, Matthew B. Kugler
The Myth Of Fourth Amendment Circularity, Lior Strahilevitz, Matthew B. Kugler
Public Law and Legal Theory Working Papers
No abstract provided.
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
A Nearly Perfect System For Convicting The Innocent, Albert W. Alschuler
A Nearly Perfect System For Convicting The Innocent, Albert W. Alschuler
Public Law and Legal Theory Working Papers
No abstract provided.
The Structural Function Of The Sixth Amendment Right To Counsel Of Choice, John Rappaport
The Structural Function Of The Sixth Amendment Right To Counsel Of Choice, John Rappaport
Public Law and Legal Theory Working Papers
No abstract provided.
Liberal Internationalism And The Populist Backlash, Eric A. Posner
Liberal Internationalism And The Populist Backlash, Eric A. Posner
Public Law and Legal Theory Working Papers
No abstract provided.
Is Qualified Immunity Unlawful?, William Baude
Is Qualified Immunity Unlawful?, William Baude
Public Law and Legal Theory Working Papers
No abstract provided.
Inverted Theories, Lee Anne Fennell, Richard H. Mcadams
Inverted Theories, Lee Anne Fennell, Richard H. Mcadams
Public Law and Legal Theory Working Papers
No abstract provided.
Separation Of Powers Metatheory, Aziz Huq
Separation Of Powers Metatheory, Aziz Huq
Public Law and Legal Theory Working Papers
Scholarship and jurisprudence concerning the Constitution’s separation of powers today is characterized by sharp disagreement about general theory and specific outcomes. The leading theories diverge on how to model the motives of institutional actors; on how to weigh text, history, doctrine, and norms; and on whether to characterize the separation-of-powers system as abiding in a stable equilibrium or as enthralled in convulsively transformative paroxysms. Congress’s Constitution—a major contribution to theorizing on the separation of powers—provides a platform to step back and isolate these important, if not always candidly recognized, disputes about the empirical and normative predicates of separation-of-powers theory—predicates that …
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case
Public Law and Legal Theory Working Papers
No abstract provided.
Presidential Obstruction Of Justice, Daniel J. Hemel, Eric A. Posner
Presidential Obstruction Of Justice, Daniel J. Hemel, Eric A. Posner
Public Law and Legal Theory Working Papers
Federal obstruction of justice statutes bar anyone from interfering with official legal proceedings based on a “corrupt” motive. But what about the president of the United States? The president is vested with “executive power,” which includes the power to control federal law enforcement. A possible view is that the statutes do not apply to the president because if they did they would violate the president’s constitutional power. However, we argue that the obstruction of justice statutes are best interpreted to apply to the president, and that the president obstructs justice when his motive for intervening in an investigation is to …