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19 Sep 2020, 9:15 pm
Epsteinvia The LibertarianHoover Daily ReportA new book from Cass Sunstein and Adrian Vermeule launches a misguided defense of “the fourth branch of government”. [read post]
11 Aug 2020, 6:00 am by Guest Blogger
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Mark TushnetConventions often reflect enduring values, and so I begin with the conventional statement of appreciation for the seriousness with which the contributors to this Symposium have taken my arguments. [read post]
6 Aug 2020, 6:30 am by ernst
Sunstein and Adrian Vermeule, Harvard Law School, have posted The Unitary Executive: Past, Present, Future, which is forthcoming in the Supreme Court Review:Under the U.S. [read post]
1 Aug 2020, 8:00 am by JB
Adrian Vermeule is already arguing for a conservative living constitutionalism based on Dworkin's theories, and Senator Josh Hawley has argued that textualism and originalism may not be the best path forward for the conservative movement.If politicians like Hawley manage to reshape the conservative movement post-Trump, some (but certainly not all) conservative legal intellectuals will rethink their premises and methods. [read post]
8 Jul 2020, 4:34 pm by Howard Bashman
“Why conservative justices are more likely to defect”: Law professor Adrian Vermeule has this essay online at The Washington Post. [read post]
1 Jul 2020, 3:51 pm by Josh Blackman
Adrian Vermeule describes this dynamic well: If the very first decision freezes the law forever, obliging all subsequent Justices to put aside their disagreements permanently in the name of stare decisis, then the "bank and capital of nations and of ages" shrinks radically. [read post]
25 Jun 2020, 7:09 am by Nicholas Mosvick
.-1187.pdf Jonathan Siegel, “The Constitutional Case for Chevron Deference,” Vanderbilt Law Review (2018), Matthew Stephenson & Adrian Vermeule, “Chevron has Only One Step,” Virginia Law Review (2009), Nicholas Mosvick is a Senior Fellow for… [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
One possibility, promoted recently by Harvard Law Professor Adrian Vermeule, is to abandon originalism and textualism in favor of a frankly “illiberal legalism” that, consistent with Vermeule’s admiration of authoritarian regimes, is itself authoritarian insofar as it treats Americans not as citizens but as “subjects” who “will come to thank the ruler whose legal strictures, possibly experienced at first as coercive, encourage subjects… [read post]
18 Jun 2020, 8:31 am by JB
There is a great ferment among conservative legal intellectuals these days. [read post]
1 May 2020, 8:00 am by Howard Bashman
“If Adrian Vermeule Didn’t Exist, Would Originalists Have to Invent Him? [read post]
20 Apr 2020, 8:42 am by Howard Bashman
“Conservative Authoritarianism Comes Out of the Shadows”: Austin Sarat recently had this essay online at Justia’s Verdict about law professor Adrian Vermeule‘s essay “Beyond Originalism. [read post]
16 Apr 2020, 8:32 am by Howard Bashman
Adrian Vermeule’s Sixteenth-Century Constitutionalism”: James Ceaser has this post at the “Law & Liberty” blog. [read post]
13 Apr 2020, 9:00 pm by Austin Sarat
Yet neither President Trump nor his ideological allies on the Court or elsewhere have openly articulated an authoritarian governing philosophy.All that changed with the March 31 publication of Harvard Law Professor Adrian Vermeule’s essay “Beyond Originalism. [read post]
10 Apr 2020, 10:33 am by Tom Smith
Vermeule’s essay reveals the dangers of a large “construction zone” within originalism. [read post]
6 Apr 2020, 6:27 am by Howard Bashman
“Picking the Best Fight with Adrian Vermeule”: Rick Hills has this post at “PrawfsBlawg. [read post]
5 Apr 2020, 3:34 pm by Rick Hills
Vermeule’s Atlantic essay defending “common good constitutionalism” (CGC) excited a lot of controversy, but, on one level, it is hard to see why. [read post]