Jennifer Anglim Kreder: The ‘Public Trust’
Michael Ramsey
Jennifer Anglim Kreder (Northern Kentucky University – Salmon P. Chase College of Law) has posted The 'Public Trust' on SSRN. Here is the abstract: It seems as if no one really knows the meaning of the term “public Trust” used in the Religious Test Clause of Article VI of the U.S. Constitution. This Article is […]
David Sloss: Bond v. United States: Choosing the Lesser of Two Evils
Michael Ramsey
David Sloss (Santa Clara University – School of Law) has posted Bond v. United States: Choosing the Lesser of Two Evils (Notre Dame Law Review, Forthcoming) on SSRN. Here is the abstract: In Bond v. United States, Carol Anne Bond used toxic chemicals in an attempt to poison her husband’s lover. The federal government prosecuted Bond […]
Alexander Kasner: National Security Leaks and Constitutional Duty
Michael Ramsey
Alexander Kasner (Stanford Law School J.D. '15) has posted National Security Leaks and Constitutional Duty (Stanford Law Review, Vol. 67, No. 1, 2015) on SSRN. Here is the abstract: Edward Snowden’s disclosure of national security information is the newest chapter in the United States’ long and complicated history with government leaks. Such disclosures can help […]
Richard Garnett: Chief Justice Rehnquist, Religious Freedom, and the Constitution
Michael Ramsey
Richard Garnett (Notre Dame Law School) has posted Chief Justice Rehnquist, Religious Freedom, and the Constitution (Bradford P. Wilson, ed., The Constitutional Legacy of William H. Rehnquist (West Academic Press, 2015 Forthcoming); Notre Dame Legal Studies Paper No. 1501) on SSRN. Here is the abstract: It might not have been foreseen that William Rehnquist would have a […]
Michael Knoll & Ruth Mason: Striking a Balance between State Sovereignty and Interstate Commerce
Michael Ramsey
Michael Knoll (University of Pennsylvania Law School ; University of Pennsylvania – Real Estate Department) and Ruth Mason (University of Virginia School of Law) have posted Wynne v. Comptroller: Striking a Balance between State Sovereignty and Interstate Commerce (U of Penn, Inst for Law & Econ Research Paper No. 14-44) on SSRN. Here is the […]
Ernest Young: Constitutionalism Outside the Courts
Michael Ramsey
Ernest Young (Duke University – School of Law) has posted Constitutionalism Outside the Courts on SSRN. Here is the abstract: This essay is a chapter to be included in the forthcoming Oxford Handbook on the U.S. Constitution. Using the actions of Arkansas Governor Orville Faubus during the Little Rock crisis of 1957 and the U.S. Supreme […]
Randy Kozel: Original Meaning and the Precedent Fallback
Michael Ramsey
Randy Kozel (Notre Dame Law School) has posted Original Meaning and the Precedent Fallback (Vanderbilt Law Review, Vol. 68, No. 1, 2015) on SSRN. Here is the abstract: There is longstanding tension between originalism and judicial precedent. With its resolute focus on deciphering the enacted Constitution, the originalist methodology raises questions about whether judges can legitimately […]
Ryan Scoville: Compelled Diplomacy in Zivotofsky v. Kerry
Michael Ramsey
Ryan Scoville (Marquette University Law School) has posted Compelled Diplomacy in Zivotofsky v. Kerry (NYU Journal of Law & Liberty, Vol. 9, 2014) on SSRN. Here is the abstract: To the parties and lower courts, Zivotofsky v. Kerry has been a dispute primarily about the nature of the President's power to recognize foreign borders. But […]
Duncan Hollis: An Intersubjective Treaty Power
Michael Ramsey
Duncan Hollis (Temple University – James E. Beasley School of Law) has posted An Intersubjective Treaty Power (Notre Dame Law Review, Vol. 90, No. 4, 2015) on SSRN. Here is the abstract: Does the Constitution require that U.S. treaties address matters of international concern? For decades, conventional wisdom answered that question negatively; The Restatement (Third) […]
Josh Blackman: The Constitutionality of DAPA Part II
Michael Ramsey
Josh Blackman (South Texas College of Law) has posted The Constitutionality of DAPA Part II: Faithfully Executing the Law on SSRN. Here is the abstract: Article II imposes a duty on the President unlike any other in the Constitution: he “shall take Care that the Laws be faithfully executed.” More precisely, it imposes four distinct […]