Podcast appearances and mentions of ethan leib

Fordham Law professors Tracy Higgins, Abner Greene, and Ethan Leib join Julie Suk on the Constitutional Crisis Hotline to analyze the major cases of the Supreme Court Term that just ended, and then debate about the public criticisms of the Court's legitimacy.In the last few weeks, the Supreme Court struck down race-based affirmative action programs, calling into question whether institutions can promote diversity in race conscious ways.  It protected the free expression of a Christian website designer who opposes same-sex marriage against a Colorado law that would require her to offer her services to same-sex couples. The Court also struck down President Biden's effort to forgive student loan debt during the pandemic.  Is the Court redefining the policy landscape on a broad range of socially divisive issues?  Do these decisions--taken together with its decisions last Term on abortion and guns--call the Court's legitimacy into question?  What are we talking about when we question the Court's legitimacy anyway?  And what cases should we look out for this coming Fall?Recent decisions discussed:Students for Fair Admissions v. Harvard UniversityAllen v. Milligan303 Creative v. ElenisSackett v. EPABiden v. Nebraska Upcoming cases to watch:U.S. v. RahimiNetchoice v. Paxton (if the Court decides to grant cert.)Alexander v. South CarolinaLoper Bright Enterprises v. Raimondo

Jed Shugerman is a Professor of Law at Fordham University. He and his colleague Ethan Leib filed a motion before Judge Amy Berman Jackson regarding Roger Stone's commutation. They argue "that the Constitution limits the pardon power to uses that are in the public interest, not primarily for self-interest, self-dealing, or self-protection." For more information and for links to Jed's law review articles related to these arguments, check out his blog post.

The Constitution requires the President to "take Care that the Laws be faithfully executed." Phrases like "faithful execution" are hardly unique to the constitutional setting. Rather, they have long been signals of both public and private relationships of trust and confidence, relationships that give rise to "fiduciary duties" in law. Ethan Leib and Jed Shugerman argue that the President has fiduciary duties and that these constrain his or her power to pardon and otherwise to act. This show’s links: Ethan Leib’s faculty profile (https://www.fordham.edu/info/23159/ethan_j_leib) and academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=344006) Jed Shugerman’s faculty profile (https://www.fordham.edu/info/23180/jed_shugerman), academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=625422), and blog (https://shugerblog.com) Ethan Leib and Jed Shugerman, Fiduciary Constitutionalism and ‘Faithful Execution’: Two Legal Conclusions (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3177968) Gary Lawson and Guy Seidman, "A Great Power of Attorney:" Understanding the Fiduciary Constitution (https://www.jstor.org/stable/j.ctt1nxqpnj) Eric Muller, Even More on Self-Pardons (http://www.thefacultylounge.org/2018/06/more-on-self-pardons.html) (containing links to Eric's original post and to a critique by Michael McConnell) Special Guests: Ethan Leib and Jed Shugerman.

President Donald Trump tweeted choice words last weekend about special counsel Robert Mueller’s investigation into Russian interference with the 2016 presidential election. Trump then added another lawyer to his team — Joseph diGenova, a former U.S. attorney for the District of Columbia, who has spoken aggressively against the Russia investigation. Both moves concern many lawmakers, who worry Trump may actually find a means to have Mueller fired in an attempt to quash the examination. If Mueller is fired, has he positioned the investigation so it can continue without him? This and more is discussed in this episode of Politics & Polls as Fordham Law Professor Jed Shugerman joins the show. Note: This episode was recorded on March 14, 2018, before President Trump posted tweets calling out Mueller for the first time. That same day, an opinion piece by Shugerman and his colleague Ethan Leib appeared in the Washington Post (link below), explaining how a part of the Constitution could stop Trump from abusing his pardon power or from firing Mueller. They also published a piece in Slate (link below) arguing Sessions also may not fire Mueller. Jed Shugerman teaches at Fordham Law. He has a bachelor’s degree, a J.D., and a Ph.D. in American History from Yale University. He is the author of “The People's Courts: Pursuing Judicial Independence in America” (2012) on the evolution of judicial elections and politics in America. He is currently working on anti-corruption emoluments litigation against the Trump administration, and he is writing about American prosecutors, and the “faithfully execute” fiduciary limits on the executive branch. He writes about law and politics at shugerblog.com. Washington Post: http://bit.ly/2GaWBvo Slate: http://slate.me/2IGE74k

Home for the holidays, back in Oral Argument World Headquarters, with property, land use, and local government law scholar Nestor Davidson. We discuss the fascinating, important, and under-theorized world of the thousands of local “administrative states” that shape our everyday lives. This show’s links: Nestor Davidson’s faculty profile (http://www.fordham.edu/info/23127/nestor_m_davidson) and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=479785) Oral Argument 23: Rex Sunstein (http://oralargument.org/23) (guest Ethan Leib) (discussing Nestor Davidson and Ethan Leib, Regleprudence – at OIRA and Beyond (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2442413)) Nestor Davidson, Localist Administrative Law (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2867595) N.Y. Statewide Coalition of Hispanic Chambers of Commerce v. N.Y.C. Dep’t of Health & Mental Hygiene (http://www.nycourts.gov/ctapps/Decisions/2014/Jun14/134opn14-Decision.pdf) Kosalka v. Town of Georgetown (https://scholar.google.com/scholar_case?case=13209939354817730536) Aaron Saiger, Local Government as a Choice of Agency Forum (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2802646) Carol Rose, Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy (http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=2832&context=fss_papers) Special Guest: Nestor Davidson.

Joe is at the airport for a special pre-roll segment. Then we say hello to Lisa Heinzerling, administrative law expert (5:23). After a substantive and goofy discussion of legislation and regulation courses (6:29), we discuss the development of what Lisa calls “the power canons” resulting from recent decisions of the Supreme Court (10:39). If you’re Congress, how do you write a statute meant to solve problems that might evolve in type or degree? Do you have the power to do so, or are you limited to speaking to the here and now? Does the Supreme Court have the power to limit legislative and regulatory power in this way? This show’s links: Lisa Heinzerling’s faculty profile (including links to all her scholarship) Lisa Heinzerling and Mark Tushnet, The Regulatory and Administrative State (a legislation and regulation casebook) Lisa Heinzerling, The Power Canons Oral Argument 23: Rex Sunstein? (guest Ethan Leib) City of Arlington v. FCC (C.J. Roberts in dissent: “It would be a bit much to describe the result as ‘the very definition of tyranny,’ but the danger posed by the growing power of the administrative state cannot be dismissed.”) NCTA v. Brand X Richard Posner, The Incoherence of Antonin Scalia Utility Air Regulatory Group v. EPA King v. Burwell Michigan v. EPA Lisa Heinzerling, Inside EPA: A Former Insider's Reflections on the Relationship Between the Obama EPA and the Obama White House Oral Argument 28: A Wonderful Catastrophe (our Erie show) Special Guest: Lisa Heinzerling.

We dive into the legal nature of the regulatory state with Ethan Leib of Fordham Law School. In what sense is the making of regulatory policy, whether on the environment or on net neutrality, a legal process? Should regulatory agencies adhere to precedent or otherwise be bound by law-like doctrines? We learn about the White House’s influence over rulemaking through OIRA and question how OIRA should function and what legal principles should govern it. This show’s links: Ethan Leib’s faculty profile and articles This Week in Law 263: More Bodies on Blackacre, on which Joe and Christian were guests Nestor Davidson and Ethan Leib, Regleprudence - at OIRA and Beyond Mark Tushnet, Legislative and Executive Stare Decisis The nuclear option About OIRA, the Office of Information and Regulatory Affairs, and its resource page The major executive orders concerning federal regulation and the role of OIRA The repository of OIRA return letters Cass Sunstein, The Office of Information and Regulatory Affairs: Myths and Realities Catherine Sharkey, State Farm 'with Teeth': Heightened Judicial Review in the Absence of Executive Oversight Julius Cohen, Towards Realism in Legisprudence and Legisprudence: Problems and Agenda Lon Fuller, The Morality of Law Carol Rose, New Models for Local Land Use Decisions Cass Sunstein’s memorandum for agency heads, Disclosure and Simplification as Regulatory Tools Office of Management and Budget, Circular A-4 Public comments on the Obama administration’s proposal to revise the basic regulatory executive order (including comments from Martha Nussbaum, Eric Posner, Gillian Metzler, Richard Revesz, Michael Livermore, and Peter Strauss) Ethan Leib and David Ponet, Fiduciary Representation and Deliberative Engagement with Children Evan Criddle, Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking Special Guest: Ethan Leib.

A talk show on KZSU-FM, Stanford, 90.1 FM, hosted by Center for Internet & Society Resident Fellow David S. Levine. The show includes guests and focuses on the intersection of technology and society. How is our world impacted by the great technological changes taking place? Each week, a different sphere is explored. This week, David interviews Prof. Ethan Leib of UC-Hastings College of the Law, author of Friend V. Friend. For more information, please go to http://hearsayculture.com.