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3 Feb 2024, 11:27 am
ARTICLES Three Modalities of (Originalist) Fiduciary Constitutionalism Ethan J Leib There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled ‘fiduciary constitutionalism’. [read post]
27 Dec 2018, 6:59 pm
Scholars have offered a range of opinions on the issue, including Eric Muller, Richard Epstein, Michael McConnell, Andrew Kent, Ethan Leib, and Jed Shugerman, but no consensus has yet emerged. [read post]
24 Jul 2020, 8:36 am
Leib and I have deepened our findin [read post]
6 Jul 2020, 5:54 am
On June 29, Chief Justice John Roberts relied heavily on something called “the Decision of 1789” to expand presidential removal powers. [read post]
20 May 2019, 10:55 am
A soon-to-be-published article by one of us (Kent), co-authored with Ethan Leib and Jed Shugerman, shows that the plain or dictionary meaning of the Take Care Clause in 1787 was consistent with a specialized meaning that had developed over the centuries in Anglo-American law. [read post]