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Reposted by Shalev Gad Roisman

Lawrence Solum @lsolum.bsky.social · 3d

Andrew Coan, Reverse Marbury buff.ly/BZEXAio

Balkinization: Reverse Marbury

A group blog on constitutional law, theory, and politics

buff.ly

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Shalev Gad Roisman @shalevroisman.bsky.social · 4d

This is a great piece!

Josh Douglas @joshuaadouglas.bsky.social · 5d

High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch

Informational Accountability for the President - Administrative Law

Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in nature—are...

adlaw.jotwell.com

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Reposted by Shalev Gad Roisman

Josh Douglas @joshuaadouglas.bsky.social · 5d

High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch

Informational Accountability for the President - Administrative Law

Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in nature—are...

adlaw.jotwell.com

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Reposted by Shalev Gad Roisman

Lawrence Solum @lsolum.bsky.social · 5d

Ahmed on Two Theories of Representative Democary

Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference…

Ahmed on Two Theories of Representative Democary

Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal citizens into political will. Despite broad judicial and scholarly agreement that representation is central to election law, the Supreme Court is deeply ambivalent in how it treats the concept.

legaltheoryblog.com

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Shalev Gad Roisman @shalevroisman.bsky.social · 5d

Highly Recommended!

Lawrence Solum @lsolum.bsky.social · 5d

Macey & Richardson on Separations of Powers

Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution…

Macey & Richardson on Separations of Powers

Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution allocates powers among the different branches, the two dominant schools of thought in American separation-of-powers debates— formalism and functionalism—agree on three premises: Certain powers inhere in certain government branches, some powers are vested exclusively in one or another branch, and the judiciary is the final arbiter of separation-of-powers disputes.

legaltheoryblog.com

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Shalev Gad Roisman @shalevroisman.bsky.social · 5d

Abstract here:

Shalev Gad Roisman @shalevroisman.bsky.social · 5d

Timely and important piece on "The Appellate Void" by my colleague, Andy Coan, now up on SSRN.

papers.ssrn.com/sol3/papers....

The Appellate Void

What would it actually look like for the executive branch to defy a court order? The standard picture involves a dramatic confrontation between the President an

papers.ssrn.com

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Reposted by Shalev Gad Roisman

Sharon Brett @sharonbrett.bsky.social · 9d

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.

15th Annual Junior Faculty Federal Courts Workshop

April 24, 2026| KU School of Law

law.ku.edu

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Reposted by Shalev Gad Roisman

Payvand Ahdout @payvandahdout.bsky.social · Sep 4

/2 Re-upping Enforcement Lawmaking & Judicial Review, where I argued that the Supreme Court risked subverting judicial power for executive power if they curbed lower court decisionmaking.
papers.ssrn.com/sol3/papers....

Enforcement Lawmaking and Judicial Review

It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansi

papers.ssrn.com

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Reposted by Shalev Gad Roisman

Rick Pildes @rickpildes.bsky.social · 13d

At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.

democracyproject.org/posts/must-a...

Special Feature: Must Administrative Officers Serve at the President’s Pleasure?

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

democracyproject.org

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Reposted by Shalev Gad Roisman

Dan Deacon @dtdeacon.bsky.social · 20d

My article, "Statutory Liquidation," is now in final form.

Check it out on SSRN: papers.ssrn.com/sol3/papers....

Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...

Thank you to the many who helped improve it!

Volume 77, Issue 3 - American University Administrative Law Review

Table of Contents Articles Statutory Liquidation Daniel T. Deacon Testing the Independence Hypothesis Cree Jones, Tyler B. Lindley, & Thomas Smith The Independence of Central Bank Supervision Christin...

administrativelawreview.org

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Shalev Gad Roisman @shalevroisman.bsky.social · Sep 8

Very generous and thoughtful piece applying the framework we put forward in linked piece below. Thank you, Rodger!

michiganlawreview.org/journal/pict...

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Reposted by Shalev Gad Roisman

Nathaniel Donahue @nwdonahue.bsky.social · Sep 2

Hi Folks! I wanted to share a 🧵about my JMP in @yalelawjournal.bsky.social
(now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/

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Reposted by Shalev Gad Roisman

Monica Hakimi @monicahakimi.bsky.social · Sep 2

This paper is a product of years of frustration with—and yet, an unrelenting commitment to—the field of international law. I hope it helps to launch a (more) productive conversation about what intl law has historically done and where the field might go from here.

papers.ssrn.com/sol3/papers....

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Reposted by Shalev Gad Roisman

Payvand Ahdout @payvandahdout.bsky.social · Aug 26

Reading the court's opinion in United States v. Russell -- interbranch litigation that the Executive initiated against the District of Maryland. Some thoughts on the opinion, which reaches the right result, sometimes on the right grounds and sometimes on incorrect ones. /1

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Reposted by Shalev Gad Roisman

Payvand Ahdout @payvandahdout.bsky.social · Aug 26

virginialawreview.org/articles/pol...

Political Mootness - Virginia Law Review

Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress’s subpoena power and power of the purse. In the last two decades, none of these disputes with the government represented on both sides of the “v” has ended in a final judgment on the merits. This Article

virginialawreview.org

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Reposted by Shalev Gad Roisman

Payvand Ahdout @payvandahdout.bsky.social · Aug 26

Interested in interbranch litigation? Check out these two articles: papers.ssrn.com/sol3/papers....

Separation-of-Powers Avoidance

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a case (or d

papers.ssrn.com

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Reposted by Shalev Gad Roisman

Andrew Kent @andrewkent.bsky.social · Aug 8

I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....

The Alien Enemies Act of 1798

For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain

papers.ssrn.com

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Shalev Gad Roisman @shalevroisman.bsky.social · Aug 8

I think this is also an example of the exclusive powers conception taking over. See Rao's op (at 12) arguing the dct erred by interfering w/ POTUS's exclusive diplomacy power.

For an initial take on the exclusive powers era, see below. Full article version TK...
harvardlawreview.org/blog/2025/04...

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Reposted by Shalev Gad Roisman

Marin K. Levy @marinklevy.bsky.social · Aug 4

Very grateful that my pitch for the field of Judicial Administration - that is, studying courts as institutions and how they function day to day - is now out with the Yale Journal of Law & the Humanities . . .

papers.ssrn.com/sol3/papers....

Defining the Field of Judicial Administration

This Keynote address, as part of a symposium on "Theorizing the Judicial Process," aims to make a case for the field of judicial administration and to

papers.ssrn.com

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David Froomkin @dfroomkin.bsky.social · Jul 30

Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason.

papers.ssrn.com/abstract=537...

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Reposted by Shalev Gad Roisman

Bec Hamilton @bechamilton.bsky.social · Jul 24

Excellent post by @aratojulian.bsky.social & Justina Uriburu - www.ejiltalk.org/treaty-and-c...

Treaty and Custom in the ICJ’s Climate Change Opinion

The International Court of Justice has released its long-awaited Advisory Opinion on Obligations of States in respect of Climate Change. Delivered yesterday by a unanimous Court, the Opinion marks a t...

www.ejiltalk.org

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Shalev Gad Roisman @shalevroisman.bsky.social · Jul 16

Statutory text is here: www.federalreserve.gov/aboutthefed/...

Section 10. Board of Governors of the Federal Reserve System

The Federal Reserve Board of Governors in Washington DC.

www.federalreserve.gov

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Shalev Gad Roisman @shalevroisman.bsky.social · Jul 16

This distinction in how the removal restriction is phrased ought to matter and should subject any such factual claim to objective judicial scrutiny.

For more on the distinction between subjective and objective conditions in presidential power, see below

ir.lawnet.fordham.edu/flr/vol91/is...

The President's Subjective and Objective Legal Obligations

Congress has granted the President enormous power. This is well known, but how we are to assess the legality of exercises of such power still is not. Put simply, there is no clear framework to under...

ir.lawnet.fordham.edu

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Shalev Gad Roisman @shalevroisman.bsky.social · Jul 16

In my view, this will put the President on stronger footing in front of the Ct, as they will be wary of scrutinizing such a factual claim.

BUT the statute provides for removal only "for cause," stated objectively. It does not provide for removal whenever the President "finds" there is cause...

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