Evan Zoldan: Primary Sources and Ambiguity in Legal History
Michael Ramsey
Evan Zoldan (University of Toledo College of Law) has posted Primary Sources and Ambiguity in Legal History (Teaching Legal History: Comparative Perspectives. London: Wildy, Simmons, and Hill (2014)) on SSRN. Here is the abstract: In this essay, I describe my methodology of teaching a legal history seminar. I design my class to include an intensive study of […]
Stephen Lubben: Puerto Rico and the Bankruptcy Clause
Michael Ramsey
Stephen Lubben (Seton Hall University – School of Law) has posted Puerto Rico and the Bankruptcy Clause (88 Am. Bankr. L.J. – (2015) (Forthcoming)) on SSRN. Here is the abstract: Puerto Rico has about $72.6 billion in outstanding debt, and its public corporations have about $24.8 billion of that debt. But Puerto Rico's public corporation are […]
Aziz Huq: The Negotiated Structural Constitution
Michael Ramsey
In the current issue of the Columbia Law Reviw, Aziz Huq (University of Chicago Law School) has the article The Negotiated Structural Constitution (114 Colum. L. Rev. 1595 (Nov. 2014)). From the introduction: The Constitution allocates entitlements not only to individuals, but also to institutions such as states and branches of the federal government. It is familiar fare that […]
Rachel Barkow: Clemency and the Unitary Executive
Michael Ramsey
Rachel Barkow (New York University School of Law) has posted Clemency and the Unitary Executive on SSRN. Here is the abstract: President Obama’s use of enforcement discretion to achieve important domestic policy initiatives – including in the field of criminal law – have sparked a vigorous debate about where the President’s duty under the Take Care Clause […]
Adam Hirsch: Disclaimers and Federalism
Michael Ramsey
Adam Hirsch (University of San Diego) has posted Disclaimers and Federalism (Vanderbilt Law Review, Vol. 67, No. 6, 2014) on SSRN. Here is the abstract: The beneficiary of an inheritance has the right to disclaim (i.e., decline) it, within limits ordinarily set by state law. This Article examines situations where a beneficiary’s right to disclaim might instead […]
Dennis Schmelzer: Boumediene v. Bush, Appellate Avoidance Mechanisms, and Black Holes Extending Beyond Guantanamo Bay
Michael Ramsey
Dennis Schmelzer (Vinson & Elkins LLP) has posted Historically Unappealing: Boumediene v. Bush, Appellate Avoidance Mechanisms, and Black Holes Extending Beyond Guantanamo Bay on SSRN. Here is the abstract: This article revisits the historical questions raised by the U.S. Supreme Court in Boumediene v. Bush about the reach of the writ of habeas corpus at common […]
Laurence Claus: Law’s Evolution and Human Understanding
Michael Ramsey
Laurence Claus (University of San Diego School of Law) has posted Law's Evolution and Human Understanding (51 San Diego L. Rev. 953 (2014)) on SSRN. Here is the abstract: This is the author’s response to book conference commentary on Law’s Evolution and Human Understanding from William Edmundson, John Finnis, Michael Steven Green, Mark Greenberg, Frederick Schauer, […]
Josh Blackman on the OLC Memo and the Constitutional Limits of Prosecutorial Discretion
Michael Ramsey
Josh Blackman has multiple posts on the President's immigration order, including: The Constitutional Limits of Prosecutorial Discretion. Here is an excerpt: The Department of Justice Office of Legal Counsel’s memorandum justifying President Obama’s new executive action recognizes that prosecutorial discretion is not “unlimited.” As a result, the memo attempts to draw a line between lawful […]
John Stinneford: Death, Desuetude, and Original Meaning
Michael Ramsey
John Stinneford (University of Florida Levin College of Law) has posted Death, Desuetude, and Original Meaning (William & Mary Law Review, Vol. 56, 2014) on SSRN. Here is the abstract: One of the most common objections to originalism is that it cannot cope with cultural change. One of the most commonly invoked examples of this claimed […]
Josh Blackman on Whether the Compact Clause Requires Presentment
Michael Ramsey
At Josh Blackman's Blog, Josh Blackman: Does the Compact Clause Require Presentment? Here is an excerpt: The Compact Clause of Article I, Section 10 provides: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with […]