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25 Jan 2018, 9:00 pm by Dean Falvy
” When we add Congress’ powers to determine executive department budgets, approve executive appointments, conduct oversight hearings, subpoena witnesses and documents, and hold persons in contempt for resisting its demands, you have what Josh Chafetz calls a “potent toolbox” to counter executive excess.So what has Congress been doing with that toolbox? [read post]
7 Jan 2018, 5:13 pm by Orly Lobel
Larry Solum's list - Legal Theory Bookworm: Favorite Books of 2017 Here are ten of the Legal Theory Bookworm selections that I found most interesting in 2017 listed in alphabetical order: Congress's Constitution: Legislative Authority and the Separation of Powers by Josh Chafetz Evidence of the Law: Proving Legal Claims by Gary Lawson Impeachment by Cass Sunstein Imposing Risk: A Normative Framework by John Oberdiek The Internationalists: How a Radical Plan to Outlaw War… [read post]
20 Oct 2017, 9:30 pm by Dan Ernst
Celia, a Slave: She killed the white master raping her, then claimed self-defense" - including a reference to legal historian Martha Jones (Johns Hopkins) and the Celia Project.Also in the Washington Post: Barbara Radnofsky on what the founders had in mind when they designed the impeachment process.The first panel at this week’s annual meeting of the ABA Section of Administrative Law and Regulatory Practice was organized around Josh Chafetz’s Congress’s… [read post]
1 Sep 2017, 9:30 pm by ernst
" We recently mentioned Josh Chafetz's very timely Congress's Constitution. [read post]
31 Aug 2017, 9:30 pm by ernst
But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. [read post]
27 Aug 2017, 9:22 am by Howard Wasserman
Josh Chafetz (Cornell) has a Twitter thread and WaPo op-ed arguing that the focus should be on the underlying racism, sadism, and abuse of power motivating the Arpaio pardon, not the fact that the pardon was for a criminal contempt conviction. [read post]
23 Aug 2017, 4:50 am by Jonathan H. Adler
In “Congress’s Constitution: Legislative Authority and the Separation of Powers,” Cornell law professor Josh Chafetz examines the range of Congress’s powers, particularly those beyond the power to enact substantive laws, such as legislative control of appropriations and influence over executive branch personnel. [read post]
9 Aug 2017, 11:14 am
White has this review of law professor Josh Chafetz's new book, "Congress's Constitution: Legislative Authority and the Separation of Powers. [read post]
25 Jun 2017, 8:39 am by Brooke
At the New Books Network, Josh Chafetz is interviewed about his Congress's Constitution Legislative Authority and the Separation of Powers. [read post]
19 Jun 2017, 11:38 am by NCC Staff
Josh Chafetz, author of Congress’s Constitution, Carl Hulse, chief Washington correspondent for The New York Times, and David Mayhew, author of The Imprint of Congress, discuss why and what, if anything, Congress can do to take its power back. [read post]
6 Apr 2017, 3:30 am by NCC Staff
Josh Chafetz is Professor of Law at Cornell Law School and author of “The Constitutionality of the Filibuster” in the Connecticut Law Review. [read post]
4 Dec 2016, 3:52 pm by Will Baude
My friend Josh Chafetz floated the following interesting theory on social media (with the caution that it was a “crazy, 1/8-baked hypothesis”): Whether one liked “Gilmore Girls: A Year in the Life” is positively correlated with whether one liked “Star Wars: The Force Awakens. [read post]
23 Feb 2016, 9:01 pm by Michael C. Dorf
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]
7 Dec 2014, 9:05 pm
As Josh Chafetz says: The New Republic’s back of the book was motivated by nothing so much as an abiding belief that ideas matter, that culture matters, and that if you write about them in a deep and serious way, you can make other people see that and how they matter. [read post]
28 Sep 2014, 9:30 pm by Dan Ernst
Bentsen Chair in Law,  University of Texas, Austin School of Law,  "The Anti-Oligarchy Constitution".October 1st, Josh Chafetz, Professor of Law, Cornell University School of Law, "The Personnel Power".October 15th, Christopher L. [read post]
16 Apr 2014, 6:31 am by Howard Wasserman
Circuit rejected the challenge to the constitutionality of the Senate's filibuster rule (shout-out to Josh Chafetz and Michael Gerhardt for the citation). [read post]
21 Nov 2013, 6:09 pm by Will Baude
Here is Josh Chafetz, The Unconstitutionality of the Filibuster: I would think it permissible to maintain the sixty-vote requirement for cloture, so long as it was clearly the case that the cloture rule could be changed by majority vote at any time. [read post]
1 Oct 2013, 1:22 pm by library
Professor Josh Chafetz’s essay “The Phenomenology of Gridlock,” turns the conventional dysfunction narrative on its head, arguing that the hunt for causes of gridlock are misguided. [read post]
29 Sep 2013, 9:58 pm by Will Baude
This leads me to thinking about The Phenomenology of Gridlock, a recent essay by Josh Chafetz. [read post]