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27 Dec 2010, 6:55 am by Lawrence Solum
Josh Chafetz (Cornell Law School) has posted The Unconstitutionality of the Filibuster (Connecticut Law Review, Vol. 43, April 2011) on SSRN. [read post]
27 Dec 2010, 4:00 am by Howard Friedman
Blitt, The Bottom Up Journey of 'Defamation of Religion' from Muslim States to the United Nations: A Case Study of the Migration of Anti-Constitutional Ideas,  (December 22, 2010).Micah Schwartzman, The Ethics of Reasoning from Conjecture, (Journal of Moral Philosophy, Forthcoming).Seth Barrett Tillman, The Originalist Who Came In From The Cold: A “New” View of the Incompatibility Clause, the Removal and Disqualification Clause, and the Religious Test Clause–A… [read post]
14 Oct 2010, 9:09 pm by Lawrence Solum
According to Professor Josh Chafetz, “impeachment maintains the link between removal and death, but attenuates it…. [read post]
17 Aug 2010, 8:27 am by Lawrence Solum
Josh Chafetz (Cornell Law School) has posted Multiplicity in Federalism and the Separation of Powers (Yale Law Journal, Forthcoming) on SSRN. [read post]
16 Aug 2010, 6:53 am by Mary L. Dudziak
Multiplicity in Federalism and the Separation of Powers has just been posted by Josh Chafetz, Cornell Law School. [read post]
26 Apr 2010, 7:08 am by University of Pennsylvania Law Review
, Professors Josh Chafetz and Michael Gerhardt debate the constitutionality of the Senate’s cloture rules by looking to the history of those rules in the United States and elsewhere. [read post]
12 Apr 2010, 3:31 pm by Sean Patrick Donlan
Ali, University of Hong Kong - Faculty of Law Constitutionalism, Legal Pluralism, and International Regimes Alec Stone Sweet, Yale Law School and Yale Political Science Law & Humanities e-Journal Legal Holes Noa Ben-Asher, Pace University - School of Law The Radicalism of Legal Positivism Brian Leiter, University of Chicago Law School Democracy and Antigone Ruthann Robson, City University of New York - CUNY School of Law  Impeachment and Assassination Josh Chafetz,… [read post]
5 Apr 2010, 10:17 pm by Dan Ernst
Josh Chafetz, Cornell Law School, has posted Impeachment and Assassination, which is forthcoming in Minnesota Law Review 95 (2010). [read post]
17 Mar 2010, 2:24 pm by Lawrence Solum
Josh Chafetz (Cornell Law School) has posted Impeachment and Assassination (Minnesota Law Review, Vol. 95, 2010) on SSRN. [read post]
15 Mar 2010, 6:46 am
By Mike Dorf A fascinating new article (to be published in the Minnesota Law Review) by my colleague (and my co-convener of the Cornell Constitutional Law & Theory Colloquium) Josh Chafetz propounds this provocative thesis: If you want to know whether a President is legitimately impeachable, ask whether, under classical theory, he would have been legitimately subject to assassination. [read post]
15 Feb 2010, 2:29 pm by Eugene Volokh
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]
15 Sep 2009, 12:56 am
At Cornell's Constitutional Law & Theory Colloquium (which I run with my colleague Josh Chafetz), Gerhardt discussed the overview chapter and the chapter on William Henry Harrison. [read post]
29 Mar 2009, 8:58 pm
As is well known by now, the House Judiciary Committee last spring filed a complaint in federal court against former White House Counsel Harriet Miers and then-Chief of Staff Josh Bolton for contempt for failure to comply with Congressional subpoenas... [read post]
14 Mar 2009, 2:45 am
Executive Branch Contempt of Congress is a new article by Josh Chafetz, Cornell Law School. [read post]
12 Mar 2009, 7:30 am
Josh Chafetz (Cornell Law School) has posted Executive Branch Contempt of Congress (University of Chicago Law Review, Vol. 76, September 2009) on SSRN. [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]
3 Jan 2009, 2:01 am
His argument is similar to that offered by Akhil Amar and Josh Chafetz, Mark Tushnet, and me. [read post]
1 Jan 2009, 5:39 pm
Here is a discussion by Professor Brian Kalt of the Akhil Amar and Josh Chafetz article positing that the Senate can stop the Blago appointment of Burris. [read post]