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It's a Taking!
<span>Legal scholars frequently turn to the Fifth Amendmentās Takings Clause when proposing a solution to a problem theyāve identified. Abortion restrictions, a
Law professors posting links to SSRN. Hopefully mostly new law journal articles.
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Congratulations to @uofoklahomalaw.bsky.social Prof. Michael Smith @msmith750.bsky.social for placing his article āHolistic Constitutional Interpretationā in the Georgetown Journal of Law & Public Policy!
Draft Here: papers.ssrn.com/sol3/papeā¦.
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Thank you!
For those who would like to know more: papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
It's a Taking!
<span>Legal scholars frequently turn to the Fifth Amendmentās Takings Clause when proposing a solution to a problem theyāve identified. Abortion restrictions, a
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For more on this point, see this recent essay by my colleague, @noahchauvin.bsky.social:
papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
Can States Force ICE to Take Off the Masks?
No. But that does not mean they are entirely powerless to combat the practice.
Anthony Michael Kreis@anthonymkreis.bsky.social
This does not meet constitutional muster. California cannot prosecute federal officials for conduct in the course of their official duties. It cannot define what is an essential part of federal law enforcement's work. As policy, police masking is anti-democratic, but it requires a federal response.
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For more on this point, see this recent essay by my colleague, @noahchauvin.bsky.social:
papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
Can States Force ICE to Take Off the Masks?
No. But that does not mean they are entirely powerless to combat the practice.
Anthony Michael Kreis@anthonymkreis.bsky.social
This does not meet constitutional muster. California cannot prosecute federal officials for conduct in the course of their official duties. It cannot define what is an essential part of federal law enforcement's work. As policy, police masking is anti-democratic, but it requires a federal response.
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Another new paper on s28 and "shields" for section 33 (the notwithstanding clause) coming out of the Dickson case, this by Kerri Froc and Paul McGregor. papers.ssrn.com/sol3/papeā¦.
I wrote a piece last year in Constitutional Forum on this topic: journals.library.ualbertaā¦.
papers.ssrn.com
Where Shielding Clauses Yield: Women's Equal Rights following the Supreme Court's Dickson Decision
The paper relies on the reasons of the case ofĀ <i>Dickson v Vuntut Gwitchin First Nation,</i> 2024 SCC 10, concerning section 25Ā of the Canadian Char
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We need to constitutionalize a right to teach under state law.
papers.ssrn.com/sol3/papeā¦.
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We need to constitutionalize a right to teach under state law.
papers.ssrn.com/sol3/papeā¦.
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I have a lot more on the Supremacy Clause issues with bills like the California one in an essay that's forthcoming from the Southern California Law Review Postscript. You can check that out here:
papers.ssrn.com/sol3/papeā¦. 10/13
papers.ssrn.com
Can States Force ICE to Take Off the Masks?
No. But that does not mean they are entirely powerless to combat the practice.
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I have a lot more on the Supremacy Clause issues with bills like the California one in an essay that's forthcoming from the Southern California Law Review Postscript. You can check that out here:
papers.ssrn.com/sol3/papeā¦. 10/13
papers.ssrn.com
Can States Force ICE to Take Off the Masks?
No. But that does not mean they are entirely powerless to combat the practice.
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I argued in "The Nondelegation Doctrine and the Structure of the Executive" that the provision under which Trump is claiming his authority to charge fees for H-1B visas violates the nondelegation doctrine.
papers.ssrn.com/abstract=ā¦.
![Consider, for instance, the provision of the Immigration and
Nationality Act (INA) at issue in Trump v. Hawaii, which grants the
President the authority to restrict the entry of aliens if the President finds
that their entry āwould be detrimental to the interests of the United
States.ā The finding required by this provision lacks any concrete
substance; it confers pure, unbridled discretion upon the President. The
Supreme Court in Trump v. Hawaii did not analyze the nondelegation
problem (even as it noted that the provision āexudes deference to the
President in every clauseā), although the Fourth Circuit had observed
that ā[t]he INA provisions invoked by the Proclamation are similar in
critical respects to the statute at issue in Panama Refining, which the Court invalidated on nondelegation grounds.ā Indeed, the delegation
disapproved in Panama Refining was more constrained, in that it imposed
at least a numerical upper bound on the Presidentās authority to select a
policy.201 Under INA section 1182, by contrast, the President could in
principle restrict the entry of aliens entirely. Nondelegation analysis ought](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:uwm4wxpqpfqkcx3nvlzi7lv3/bafkreifjk4tj6dz5aydiuo73hgsptw7i2n6utkbkzkznwemsbibnzipovi@jpeg)
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I argued in "The Nondelegation Doctrine and the Structure of the Executive" that the provision under which Trump is claiming his authority to charge fees for H-1B visas violates the nondelegation doctrine.
papers.ssrn.com/abstract=ā¦.
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This problem is fundamental to our system, so itās worth thinking about solutions that sidestep it rather than hoping for enlightened self-interest at the state or national level. Plug for an article I wrote fleshing this out, applying the lessons congestion pricing: papers.ssrn.com/sol3/papeā¦.
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This problem is fundamental to our system, so itās worth thinking about solutions that sidestep it rather than hoping for enlightened self-interest at the state or national level. Plug for an article I wrote fleshing this out, applying the lessons congestion pricing: papers.ssrn.com/sol3/papeā¦.
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Delighted that my new article, āThe Amended Statute,ā now has the coveted āhighly recommendedā and ādownload while itās hot!ā designations on Legal Theory Blog! Check it out here:
papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
The Amended Statute
We live in a republic of amended statutes. In each Congress, our laws are amended tens of thousands of times. Individual statutes make amendments that number in
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I largely agree, as I suggest in this working paper with respect to modern separation of powers doctrine/theory: papers.ssrn.com/abstract=ā¦.
papers.ssrn.com
Presidency Exceptionalism
<i>Trump v. United States</i>, which declared the President to be immune from prosecution for any act performed in the course of exercising their āexclusiveā co
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I largely agree, as I suggest in this working paper with respect to modern separation of powers doctrine/theory: papers.ssrn.com/abstract=ā¦.
papers.ssrn.com
Presidency Exceptionalism
<i>Trump v. United States</i>, which declared the President to be immune from prosecution for any act performed in the course of exercising their āexclusiveā co
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"Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation" papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation
In previous work, I wrote about how trade secrecy drives the plot of Roald Dahlās novel <i>Charlie and the Chocolate Factory</i>, explaining how the Oompa-Loomp
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"Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation" papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
Machines as the New Oompa-Loompas: Trade Secrecy, the Cloud, Machine Learning, and Automation
In previous work, I wrote about how trade secrecy drives the plot of Roald Dahlās novel <i>Charlie and the Chocolate Factory</i>, explaining how the Oompa-Loomp
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Couldnāt agree more. Incidentally, I bought a copy of the Grey Album across the street from that plaque. papers.ssrn.com/sol3/papeā¦.
papers.ssrn.com
The Ballad of Harry James Tompkins
On July 27, 1934, Harry James Tompkins lost his arm, supposedly when an unsecured refrigerator car door on a train operated by the Erie Railroad Company hit him
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