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The Good Government Trilemma
If you like big government, be prepared to sacrifice democracy or accountability
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If It’s Broke, You’re Not the One to Fix It
The Québec Court of Appeal takes it upon itself to update obsolete election legislation. That’s not its job.
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Swan Upping
A medieval ritual as a metaphor for British constitutional history
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F-Words
Some words and arguments to avoid in law school exams
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The Post-Vavilov Supreme Court and Administrative Law
Reason for optimism? After the Supreme Court’s recent decisions in Abrametz and ESA (both of which are summarized and analyzed in my newsletter here and here, respectively), there is much to say. But I just want to quickly identify one emerging trend: the centrifugal force of the principles in Vavilov in areas of administrative law…
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Some Major Questions About Major Questions
In West Virginia v EPA, the Supreme Court of the United States, wielding the “major questions doctrine” found that the EPA did not have the statutory authority to adopt regulations implementing the Clean Power Plan, initially proposed by the Obama administration in 2015. In this post, I describe why I think this decision was ultimately…
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Nothing Doing
A brief rebuttal to responses to my last post on inappropriate criticism of the US Supreme Court’s abortion decision
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Who’s Afraid of the Rule of Law?
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication
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The Cake Bill
The flaws in the UK government’s two-faced Bill of Rights Bill
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Undignified
The Supreme Court holds that life imprisonment without parole is unconstitutional. Its reasons are unconvincing.
Double Aspect 