Search for: "Michael Stokes Paulsen" Results 161 - 180 of 194
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15 Sep 2023, 11:08 pm by Steven Calabresi
  A draft law review article taking issue with Baude and Paulsen, co-written by Josh Blackman and Seth Barrett Tilman, entitled Sweeping and Forcing the President into Section 3: A Response to William Baude and Michael Stokes Paulsen makes a good case that what happened on January 6, 2021 was not an "insurrection" and that the Baude/Paulsen reading of Section 3 of the Fourteenth Amendment is wrong. [read post]
6 Jan 2021, 6:13 pm by Ilya Somin
  For reasons well-summarized by  Keith Whittington  and prominent conservative legal scholar Michael Stokes Paulsen, among others, impeachment can be justified even in cases of abuse of power where no specific law has been violated. [read post]
22 Aug 2023, 6:06 am by Jeffrey Sonnenfeld
  The authors are two highly conservative, leading legal scholars, William Baude and Michael Stokes Paulsen. [read post]
8 Feb 2024, 2:41 pm by Mark Walsh
Two scholars who are not here are William Baude of the University of Chicago law school and Michael Stokes Paulsen of the University of St. [read post]
6 Sep 2023, 11:44 pm by Joseph Fishkin
Will Baude and Michael Stokes Paulsen, two prominent law professors affiliated with the Federalist Society, argued recently from an originalist perspective—in the rare law review article to truly break through into mainstream media discussion—that Donald Trump similarly engaged in an insurrection by attempting to block the orderly transition of power, and that he too should therefore be barred under 14.3 from holding future federal office, including the… [read post]
10 Oct 2018, 2:00 pm by Ilya Somin
She could also rely on similar claims by modern-day "departmentalist" legal scholars, including some staunch conservatives, such as Michael Stokes Paulsen. [read post]
8 Dec 2017, 9:20 am by Stephen Wermiel
Among those on Langdon’s brief, mostly conservatives, are former federal appeals court judge and now Stanford Law School professor Michael McConnell; Chapman Law School professor Ronald Rotonda, who has produced decades of constitutional law casebooks; Michael Stokes Paulsen of the University of St. [read post]
11 Aug 2023, 2:10 am by Seán Binder
  Former President Trump is ineligible to be president because the Constitution bars people who have engaged in an insurrection from holding government office, conservative professors William Baude and Michael Stokes Paulsen concluded in an article. [read post]
25 Mar 2011, 1:58 pm by axd10
(Feb., 2011) Michael Stokes Paulsen, The War Power, 33 Harv. [read post]
9 Aug 2011, 12:45 pm by Elizabeth Wydra
While some today may prefer not to have a government of such broad power, a faithful reading of the Constitution’s text and history, as conservative scholar Michael Stokes Paulsen told the equally conservative Federalist Society, leads to the conclusion “that the powers conferred on the national government are huge, sweeping, overlapping, and, when taken together, very nearly comprehensive. [read post]
30 Apr 2020, 1:53 pm by Stephen Sachs
Casey, 505 U.S. 833 (1992) Michael Stokes Paulsen, The Worst Constitutional Decision of All Time, 78 Notre Dame L. [read post]
10 Aug 2023, 3:44 pm by Steven Calabresi
UPDATE: For much more detail on these matters, see Will Baude's & Michael Stokes Paulsen's The Sweep and Force of Section Three, forthcoming in the University of Pennsylvania Law Review.The post Trump Is Disqualified from Being on Any Election Ballots appeared first on Reason.com. [read post]
8 Nov 2019, 6:00 am by Jorge Miranda
., citing Michael Stokes Paulsen, “Does the Supreme Court’s Current Doctrine of Stare Decisis Require Adherence to the Supreme Court’s Current Doctrine of Stare Decisis? [read post]
3 Sep 2023, 3:51 am by SHG
Without regard to whether you accept or reject the argument proffered by Will Baude and Michael Stokes Paulsen, or even Larry Tribe and Judge Luttig, it leaves many questions unanswered. [read post]
23 Mar 2017, 6:14 am by Jonathan H. Adler
Federalist Society luminaries range from libertarians like Randy Barnett to traditionalists like Michael Stokes Paulsen and those who defy conventional definition, like Society Chairman Steven Calabresi, a noted originalist scholar who’s also written that the Constitution requires recognition of same-sex marriage. [read post]
3 Jan 2024, 7:09 am by Norman L. Eisen
, The Guardian (Dec. 29, 2023)  Judge Luttig: Trump eligibility case ‘tests America’s commitment to its own democracy’, MSNBC (Dec. 23, 2023) Adam Liptak, An About-Face on Whether the 14th Amendment Bars Trump From Office, New York Times (Sept. 18, 2023) Noah Feldman, Alas, Trump Is Still Eligible to Run for Office, Bloomberg (Aug. 20, 2023)  Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). [read post]
7 May 2020, 7:06 pm by Ilya Somin
  For reasons well-explained by co-blogger Keith Whittington  and prominent conservative legal scholar Michael Stokes Paulsen, among others, impeachment can be justified even in cases of abuse of power where no specific law has been violated; indeed the Founders expected it to be used in such cases. [read post]
14 Jan 2021, 5:25 pm by Ilya Somin
Whether or not he violated a specific valid law (Johnson's defenders claimed the Tenure of Office Act was unconstitutional, a view eventually backed by the Supreme Court in 1926), Johnson had grossly abused his powers and richly deserved to be removed from office (for good discussions of the reasons why impeachment for technically legal abuses of power is permissible, see analyses by  Keith Whittington  and prominent conservative legal scholar Michael Stokes… [read post]