This reply discusses John Harrison's insightful "Addition by Subtraction," which is a response to "Removal and Tenure in Office." The piece suggests that there are strong historical and textual reasons to suppose that Congress can remove executive and certain judicial officers. It also argues that courts may remove inferior judicial officers. Finally, it offers an admittedly less than full-throated defense of the notion that the President may grant tenure during good behavior to executive officers.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
This Article introduces the Jurist-Derived Judicial Ideology Scores (JuDJIS), an expert-sourced measure of judicial traits that can locate nearly...
It is widely believed that President Donald Trump’s judicial appointments reflected a strategy of appeasing evangelical Christians and other religious...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...