constitutional law

Are Filibusters of Executive Branch Nominees Constitutional?

President Obama’s announcement today making three nominations to the National Labor Relations Board should remind us that the GOP is the party of permanent constitutional crisis.  It has been quite clear from the beginning of the Obama Administration that the Republicans simply have no interest in allowing the NLRB to function.  That shouldn’t be much …

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Does the President Even Need the Senate to Confirm Appointees?

Damn. I suppose that it’s an occupational hazard of law professors that they kick around an idea, only to find that someone has beaten them to the punch.  Well, Harvard’s Matthew Stephenson has done that to me, sort of, with an essay in the most recent volume of the Yale Law Journal entitled, Can the President Appoint Principal Executive …

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We Interrupt This Blog…

…and outsource it to Scott Lemieux of Lawyers, Guns, and Money, who sets forth succinctly the meaning of Neoconfederate David Sentelle’s DC Circuit opinion today regarding recess appointments.  Specifically, this controversy concerned recess appointments to the National Labor Relations Board, and the right-wing Republican panel struck them all down, which I am sure is completely …

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Did the Founding Fathers Believe in a Strong Federal Government? You Betcha.

The whole point of the Constitution was to give the federal government more power.

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The Chief Justice’s “Switch in Time” — Practically Huge But Legally Minimalist

“The switch in time that saved nine” is how one wag described a key vote change by a Justice during the New Deal.  The “saved nine” part may or may not apply, but Chief Justice Roberts obviously switched his vote in the healthcare case.  I can’t remember a case in which the opinions made this …

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What Will the Outcome of the Health Care Case Tell Us About Environmental Law?

This week’s oral arguments will be carefully parsed for signs of how the Supreme Court will rule about the constitutionality of the Health Care Act.  If the Administration wins the case, this will be largely a confirmation that the majority of the Court prefers to follow firmly established existing precedent.  If it loses, the outcome …

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Philip P. Frickey — A Life in the Law

I am sad beyond words to have to report the death of my friend and colleague Phil Frickey. His death is a great loss to Berkeley and the legal academy more generally.  In terms of his scholarship, Phil was a major figure in constitutional law, but was probably best known among legal academics for his …

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Environmental Property Rights (Part IV)

Environmental property rights, such as tradable permits, conservation trusts, and the public trust doctrine, can change the constitutional landscape of environmental law.

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Conference Webcast – The Environment and the Constitution

*Webcast is archived for later viewing, if you didn’t catch the live event. On February 26, 2010.  9:00 a.m. –  5:30 p.m.webcast of (EST), you can attend the Environmental Protection in the Balance: Citizens, Courts, and the Constitution at Georgetown University Law Center, Washington, DC. Today, the most important environmental law and policy disputes are …

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An Invitation to Explore the Connections Between Constitutional & Environmental Law

These days, more and more of the most important environmental law disputes arise in the crucible of constitutional law.  Preemption, the Dormant Commerce Clause, the foreign powers doctrine, constitutional principles of standing to sue and the separation of powers doctrine are all doctrines of constitutional law that have been invoked in much of the most …

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