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24 Jun 2013, 11:56 am
As Neil Siegel (whose constitutional riff is, among the contributors here, closest to mine) appropriately puts it, I am (like him) “a structuralist at heart. [read post]
5 Jul 2012, 2:14 pm
[Generally cleaned up text and added an update] [UPDATE: From the abstract it looks like Neil Siegel and Bob Cooter anticipated Chief Justice Roberts approach in their paper, Not the Power to Destroy: A Theory of the Tax Power for a Court that Limits the Commerce Power and may even have provided him with the road map for his analysis. [read post]
13 Feb 2014, 1:30 pm
Curtis Bradley and Neil Siegel The constitutional text looms large in the recess appointments case, NLRB v. [read post]
11 Feb 2017, 4:53 am
Meanwhile, Curtis Bradley and Neil S. [read post]
5 Feb 2022, 6:30 am
Neil Siegel In a new article, I argue that Court-packing—that is, changing the size of the U.S. [read post]
8 Jun 2015, 10:44 am
Professors Reva Siegel and Neil Siegel have described Griswold as “offer[ing] women the most significant constitutional protection since the Nineteenth Amendment gave women the right to vote, constitutional protection as important as the cases prohibiting sex discrimination that the Court would decide in the next decade – perhaps even more so. [read post]
8 Feb 2007, 6:20 am
Neil Siegel, in his 2005 critique of Sunstein's work on minimalism - A Theory in Search of a Court, and itself: Judicial Minimalism at the Supreme Court Bar, available online here - has written that "pre-empirically, it appears more likely that whatever costs the Court saves itself by taking a minimalist path will be outweighed by the costs incurred by litigants, lower courts, and, political bodies". [read post]
13 Jul 2012, 6:43 am
Commentary on the Court’s Commerce Clause reasoning comes from Neil Siegel at Balkinization and Randy Barnett at Reason (video). [read post]
29 Mar 2011, 7:20 pm
As Justice Scalia explained during an appearance at Duke Law School:[Professor Neil] Siegel, a constitutional law scholar and former Supreme Court clerk, asked Scalia to expound on his statement that he was “an originalist, not a nut. [read post]
1 Jul 2009, 5:11 pm
Finally, we know that he named three people to act as co-executors for the estate: John Branca, John McClain, and Barry Siegel. [read post]
20 Apr 2016, 3:04 am
Commentary comes from Neil Siegel at The Hill. [read post]
1 Apr 2019, 3:54 am
” At Balkinization, Neil Siegel reacts to the description of the Supreme Court’s ruling upholding the Affordable Care Act’s individual mandate in Joan Biskupic’s recent biography of Chief Justice John Roberts. [read post]
23 Mar 2012, 11:20 am
Brian Galle, Neil Siegel, and my former colleague Max Stearns). [read post]
21 May 2014, 1:00 pm
His opinion bore a remarkable similarity to an academic paper posted to SSRN by Robert Cooter and Neil Siegel, “Not the Power to Destroy: An Effects Theory of the Tax Power,” which had been downloaded 162 times at the time of the decision. [read post]
22 Jan 2021, 1:47 pm
Signers also include a large number of prominent center and left legal scholars (including Laurence Tribe, Martha Minow, Neil Siegel, and Rebecca Zietlow, among many others), and several prominent experts on impeachment, such as Frank Bowman and Brian Kalt (author of what is the best-known and by far the most thorough academic article on the subject of impeaching former officials). [read post]
25 May 2012, 6:53 am
Neil Siegel and others have offered arguments for upholding the mandate based on constitutional structure. [read post]
7 Oct 2014, 3:43 am
Also at this blog, Suzanne Goldberg and Neil Siegel weighed in on the denials. [read post]
9 Dec 2011, 11:59 am
(And let me now give credit to Bob Cooter, Rick Hills, and Neil Siegel for laying out most of the intellectual groundwork for this post. [read post]
12 Feb 2020, 8:55 am
While Democrats have every right to respond to GOP nomination "hardball" in kind (and vice versa), court-packing would go far beyond that for reasons well explained by liberal legal scholars Noah Feldman and Neil Siegel. [read post]
5 Jul 2012, 8:53 am
.” At Balkinization, Neil Siegel calls for clear confidentiality rules for clerks. [read post]
