Search for: "Julian Davis Mortenson"
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26 Mar 2021, 9:30 pm
Julian Davis Mortenson and Nicholas Bagley discuss “Delegation at the Founding” with Mark Joseph Stern (Slate). [read post]
11 Sep 2019, 8:00 am
The University of Michigan Legal History Workshop has announced its Fall 2019 lineup:SEPTEMBER 10: Julian Davis Mortenson, University of Michigan Law School, “The Executive Power Clause of the U.S. [read post]
2 Dec 2022, 9:30 pm
Clyne Professor of Law at the University of Michigan for a discussion of New Democracy: The Creation of the Modern American State on December 6, 4:30pm - 5:45pm EST.Congratulations to Julian Davis Mortenson and Nicholas Begley for winning the Administrative Law Scholarship Award of the ABA Administrative Law Section for "Delegation at the Founding," 121 Colum. [read post]
25 Feb 2010, 3:30 am
Here's the program:Paper Panel 1: Uniformity and Diversity in International Legal TheoryEvan Criddle, “Securing Human Rights in Emergencies: Insights from Fiduciary Theory” - Comment: Julian Davis MortensonOmar Dajani, “Mandatory Rules of International Law? [read post]
3 Sep 2021, 9:30 pm
H/t: Julian Davis Mortenson and Rachel Sheldon. [read post]
8 May 2020, 9:30 pm
We aren't scanning all 556 episodes but can report they include Christopher Tomlins, Nicholas Bagley and Julian Davis Mortenson Alejandro de la Fuente and Ariela Gross, Thomas McSweeney, Elizabeth Katz, Taja-Nia Henderson and Lutie A. [read post]
29 Apr 2011, 7:06 pm
Carswell Book Review Executive Power and the Discipline of History Julian Davis Mortenson Crisis and Command: The History of Executive Power from George Washington to George W. [read post]
9 Apr 2023, 5:44 am
There are hints of awareness of the broader level of this problem, but the threads that should be followed are only mentioned and ignored.There is this stop-gap quote from of University of Michigan conlawprof, Julian Davis Mortenson, who makes the point I have been making all along:“Law schools need to have plans and protocols in place for controversies like this, which are going to happen with increasing frequency. [read post]
22 Oct 2016, 7:04 am
Andrew Kent and Julian Mortenson categorized three periods in American history that illustrate the evolution of executive legal authority. [read post]
28 Aug 2024, 7:40 pm
Two recent articles by Professor Julian Davis Mortenson, The Executive Power Clause, and Article II Vests the Executive Power, Not the Royal Prerogative, (also guest-posted on this blog) address the second question, and argue against a robust reading of unenumerated or residual executive power; in various formulations, they describe the executive power as being limited to "law-execution," or as being an "empty vessel," containing only the powers vested… [read post]
28 Feb 2020, 9:01 pm
In a new paper, Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School argue that the founders had no objection to Congress delegating the power to make rules, as long as it did not permanently abdicate its legislative responsibilities. [read post]
31 Oct 2014, 4:31 am
” Finally, in another post at Lawfare, Julian Davis Mortenson makes a different point: “Regardless of how the Supreme Court decides Zivotofsky, it should not invoke the Vesting Clause” – which provides that “[t]he executive power shall be vested in a President of the United States of America” – “to support its decision. [read post]
4 Jul 2019, 9:05 pm
In an article for the Columbia Law Review, professor Julian Davis Mortenson of University of Michigan Law School argued that this provision was understood by the founders to be an “empty vessel,” merely allowing the President to carry out “projects defined by a prior exercise of the legislative power. [read post]
1 Nov 2014, 6:10 am
Julian Davis Mortenson harkened back to William Blackstone’s Commentaries on the Laws of England to explain why the Supreme Court should stay far away from the Vesting Clause in the case. [read post]
2 Feb 2009, 1:02 pm
By contrast, SLDN had assistance from a substantial roster of legal talent, including Julian Davis Mortenson of Fordham Law School, Daniel C. [read post]
6 Feb 2020, 9:05 pm
Constitution limits Congress’s ability to delegate legislative authority to administrative agencies—cannot be squared with the founders’ original understanding of the Constitution, according to Julian Davis Mortenson and Nicholas Bagley of the University of Michigan Law School. [read post]
30 Oct 2014, 5:09 am
(Note: Prior Lawfare analyses of Zivotofsky include Jodie’s preview of the arguments in the merits briefs; Julian Davis Mortenson’s comment on the potential Vesting Clause question in the case; my quick reaction to and Samantha Goldstein’s summary of the 2013 D.C. [read post]
30 Oct 2014, 10:57 am
As Israeli paper Yediot Achronot noted in a headline yesterday, “Jerusalem continues to burn. [read post]
24 Feb 2009, 4:12 am
La Belle, JD CALIFORNIA - Davis 1999, U.S. [read post]