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27 Jul 2022, 6:40 am
Georgetown Law Professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
4 Jan 2009, 4:02 pm
For a spirited defense of this approach, see this nice piece by Akhil Amar and my colleague Josh Chafetz.4) Finally, if all else fails, there's what we might call the Andrew Jackson approach--named for the President who, so the probably-false legend goes, said in response to the Supreme Court's decision in Worcester v. [read post]
14 Aug 2023, 5:36 am
See, e.g., Josh Chafetz, The New Judicial Power Grab, 67 St. [read post]
11 Oct 2018, 7:13 am
Democratic majorities seeking to pass a transformative election law statute may run up against a welter of blocking ploys, from filibusters to secret holds to denials of committee quorums, unless and until they themselves resort to constitutional hardball.One complication here is the possibility that hardball tactics, even if used in the service of anti-hardball ends, become less effective in our constitutional culture precisely to the extent that they are acknowledged as such (a subject… [read post]
1 Jul 2023, 12:48 am
Yesterday’s blockbuster student loan decision in Biden v. [read post]
15 Feb 2010, 2:29 pm
From Josh Chafetz’s Leaving the House: The Constitutional Status of Resignation from the House of Representatives, 58 Duke L.J. 177, 214 (2008): As Professor Riker puts it, “[e]lection by state legislatures implied accountability to them,” and the legislatures demanded this accountability via instructions on how to vote, a practice carried over from the Continental Congress. [read post]
21 Feb 2008, 10:21 am
American University Mary Fan, JD 2003 Yale University, MPhil 2008 Anthropology Cambridge University Brooklyn Law School Miriam Baer, JD 1996 Harvard University, Lawyering Professor New York University Robin Effron, JD 2004 New York University, Fellow DAAD Program for International Lawyers, Teaching Fellow University of Chicago Rebecca Kysar, JD 2004 Yale University California Western School of Law Jessica Fink, JD 2001 Harvard University, Teaching Fellow California Western School of Law,… [read post]
23 Feb 2016, 9:01 pm
The latter proposition entails that a simple change in public attitude can legitimately change the authoritative interpretation of the Constitution—which is contrary to the originalist claim that constitutional meaning does not change except by constitutional amendment.One is left to conclude that what Senator McConnell and his Republican colleagues really mean is that the next Republican president should choose Justice Scalia’s successor, because a Democratic president surely would not… [read post]
2 Aug 2011, 8:31 am
I believe their approach is much like one that Josh Chafetz describes in his contribution to this symposium. [read post]
10 Jul 2020, 3:29 am
Cornell Law Professor Josh Chafetz Mr. [read post]
26 Jun 2022, 7:18 am
Georgetown Law Professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
15 Jun 2024, 4:39 am
For example, Georgetown Law Professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
25 Sep 2024, 7:35 am
Josh Chafetz suggested that Congress retaliate against conservative justices by refusing to fund law clerks or “cutting off the Supreme Court’s air conditioning budget. [read post]
12 Jun 2022, 6:00 am
Georgetown law professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
29 Jun 2022, 5:07 am
Georgetown Law Professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
9 Jun 2022, 8:52 am
Georgetown Law Professor Josh Chafetz declared that “when the mob is right, some (but not all!) [read post]
4 Sep 2023, 9:01 pm
In the colonial period when legislative assemblies did not like the behavior of royal officials, as Professor Josh Chafetz notes “they frequently withheld or diminished their salaries. [read post]
27 Mar 2020, 1:30 pm
For the Symposium on Helen Norton, The Government's Speech and the Constitution (Cambridge University Press, 2019).Helen NortonMy thanks to Jack Balkin for hosting this symposium on my book, “The Government’s Speech and the Constitution,” and to each and every one of the symposium’s terrific contributors. [read post]
30 Oct 2022, 9:01 pm
Earlier this month the University of Florida (UF) announced that U.S. [read post]
2 Oct 2023, 7:40 am
(NB: This isn't my area of expertise; I usually just listen to Josh Chafetz on most questions of Congress's procedure and structure. [read post]
