Search for: "Ethan Leib"
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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]
2 May 2019, 10:52 am
Written by Andrew Kent, Ethan Leib, and Jed Shugerman, the paper, which is being published in the Harvard Law Review, sheds new light on the Clause. [read post]
29 Apr 2019, 8:21 am
Jack Goldsmith and John Manning have studied the “protean” nature of the clause and the many contradictory interpretations that courts have adopted; here, Mueller’s analysis has some resemblance to the understanding set out by Andrew Kent, Ethan Leib and Jed Shugerman, who argue that the Take Care Clause imposes a “duty of fidelity” on the president. [read post]
28 Apr 2019, 7:09 pm
The opinion has received no shortage of criticism, including by the three well-articulated dissents and responses on this blog by Ethan Leib and Tal Kastner. [read post]
24 Apr 2019, 9:01 pm
As Ethan Leib and I explore in Contract Creep, forthcoming in the Georgetown Law Journal, scholars and judges widely accept that so-called “sophisticated party” transactions should be treated differently than consumer or employment transactions involving individuals. [read post]
15 Apr 2019, 6:54 pm
Leib and Stephen R. [read post]
26 Mar 2019, 6:00 pm
Galoob and Ethan J. [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]
10 Oct 2018, 7:34 am
New Light on the Original Meaning of Article II of the Constitution A new paper I co-authored with Ethan Leib and Jed Shugerman suggests that these views are deeply inconsistent with the original meaning of Article II of the Constitution. [read post]
10 Oct 2018, 6:30 am
Andrew Kent, Ethan J. [read post]
20 Jun 2018, 11:53 am
” (Professors Jed Shugarman and Ethan Leib have presented a different argument regarding self-pardons and the Take Care Clause, available here.) [read post]
5 Jun 2018, 8:30 am
Jed Shugerman and Ethan J. [read post]
6 Apr 2018, 6:00 am
At the Symposium, a group of constitutional professors from area law schools will join Professors Lawson and Seidman and paper authors Ethan Leib (Fordham), John Mikhail (Georgetown), Richard Primus (Michigan) and Suzanna Sherry (Vanderbilt) to discuss the issues raised by the book and papers—which will be published in a special issue of the Georgetown Journal of Law and Public Policy. [read post]
30 Mar 2018, 9:30 pm
Leib, Fordham University School of Law, on the Take Care Clause and presidential pardons, in WaPo. [read post]
6 Apr 2017, 11:11 am
A couple of reactions to Ethan's piece: 1) The deal is better (and Garland a better nominee) for Republicans for the additional reason that Garland is 64 while Gosuch is 49. 2) Trump is and never has been a bipartisan dealmaker, so expecting him to be one was beyond wishful thinking.He gets results by running roughshod from a position of power created by wealth (suing contractors or forcing contractors to sue him, knowing he can wait them out) or, as here, numerical partisan advantage.… [read post]
7 Oct 2015, 4:00 am
Ernie Walton, Conservatives Should Attack Obergefell's Interpretive Method, Not Its Hijacking of the Democratic Process, (September 25, 2015).Ethan J. [read post]
30 Oct 2014, 3:18 am
Ethan Leib Steven Thel Abstract (to read the entire article go here): Revisiting Bill Whitford’s work on the role of the jury in contract interpretation and his work on consumer form contracting inspired us to take a careful look at a doctrine of contract interpretation that is usually thought to help consumers in interpretive battles with those who draft their contracts unilaterally. [read post]
17 Sep 2014, 10:52 am
This is the fifth in a series of posts that are part of a virtual symposium on the new book by Omri Ben-Shahar and Carl E. [read post]
16 Jul 2014, 3:30 am
Leib et al., A Fiduciary Theory of Judging, 101 Calif. [read post]
25 Feb 2014, 8:36 am
I'm not sure how many of you remember this, but one of the more fascinating stories my co-authors (Jennifer Collins and Ethan Leib) and I relied upon in our 2009 book on criminal justice and family status had to do with Samuel Sheinbein. [read post]
