I cry foul when a nonoriginalist law prof invokes the Articles of Confederation on Twitter. A constitutional theory debate then ensues.
New papers by Rotunda and Elhauge on King v. Burwell and its implications for administrative law.
The first year of Russian occupation of Crimea has been marked by economic deterioration and political repression. We should not forget the plight of the Crimean Tatars and other victims of Russian government oppression in Crimea.
My 2014 William Brennan Lecture on "NFIB v. Sebelius and the Debate Over Constitutional Federalism." The lecture reflects on the clash of constitutional visions in the Obamacare case and its implications for the future.
I think this op-ed turned out to be provocative.
Harvard law professor Laurence Tribe testified against the EPA's new greenhouse gas regulations and argued they unconstitutionally coerce the states.
Former EPA administrator Christine Todd Whitman appears to understand neither the Clean Air Act nor the U.S. Constitution.
My account of what Gonzales v. Raich should have said.
My response to Prof. Abigail Moncrieff's critique of my analysis of the coercion argument she and others have advanced in defense of the federal government's position in King v. Burwell.
A response to NYU law professor Rick Hills' critique of my post on federalism arguments in King v. Burwell.