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3 Aug 2023, 5:42 pm by Howard Bashman
“A SCOTUS Roundup Focused on Textualism (with a Concluding Thought About Democracy)”: Michael C. [read post]
31 Jul 2023, 9:01 pm by Michael C. Dorf
Florida is where truth goes to die.Follow @dorfonlaw Michael C. [read post]
18 Jul 2023, 9:01 pm by Michael C. Dorf
The release to the public last November of ChatGPT, followed by even more sophisticated artificial intelligence tools, has understandably been met with fascination and no small amount of dread. [read post]
4 Jul 2023, 9:01 pm by Michael C. Dorf
In an important 1961 article in the Harvard Law Review, Yale Law Professor Alexander Bickel—who was a leading constitutional scholar of his generation—defended the Supreme Court’s exercise of what he called “the passive virtues. [read post]
1 Jul 2023, 5:26 pm by Howard Bashman
“Unanswered Questions in the Web Designer Case”: Michael C. [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
It's based on amicus briefs that Michael Dorf (Cornell), Andrew Koppelman (Northwestern), and I filed in past cases (and that I blogged about before), but it elaborates somewhat further on that argument. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
In an accompanying essay on the Dorf on Law blog, I discuss its cynical deployment by Trump’s enablers.The Unitary ExecutiveThe unitary executive theory posits that the Constitution gives the President authority to control all executive action. [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
As we described earlier this week in a column on Dorf on Law, there are various scenarios in which the debt ceiling at that point will be a political non-issue, with an incoming Republican President wanting to increase the debt ceiling and being joined either by a compliant Republican-dominated legislative branch or by a Democratic Party that would not be willing to hold the world hostage. [read post]
31 May 2023, 2:01 pm by Guest Author
Previously arcane arguments over the constitutionality of the public debt limit now make headlines.[1]  At the same time, debate swirls around whether the President of the United States has the constitutional authority, resting on Section Four of the 14thamendment, to ignore the debt limit. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As one of us (Dorf) explained in a column on May 10, “there’s a difference between ‘would be litigated’ and ‘would have to be litigated. [read post]
20 May 2023, 5:46 pm by Howard Bashman
“Against Incommensurability in the Prop 12 Case and Beyond”: Michael C. [read post]