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Jed Shugerman Profile picture
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10 Aug, 4 tweets, 2 min read
The Atlanta Hawks have an Israeli player named M. Heidegger.
He is a phenom. He can really husserl and turn a corner. He plays kierke-guard.
I hope they dasein some plays for him.
I guess you had to be there.
Maybe he can play for the Manhattan College Jaspers.

Just throwing this around and letting you know of the existence of these bad jokes, @BlakeProf @jdmortenson @GVildostegui @JonCohenNYC
gojaspers.com
Breaking: The Temple Owls have signed George Willie Fred Hegel.
cc: @BlakeProf
One of my favorite NBA nicknames:
"The Big Aristotle."
medium.com/five-guys-fact…

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More from @jedshug

Jed Shugerman Profile picture
2 Aug
Why didn't Jefferson or Madison simply fire Marbury?
"The Marbury Problem & the Madison Solutions"

My recent @FordhamLRev essay building on research by @Jane_C_Manners @LevMenand, adding evidence from Madison & the 1st Congress vs. the unitary exec @SSRN
papers.ssrn.com/sol3/papers.cf…
2/ Daniel Birk, Manners & Menand saw a problem for the unitary theory in Marbury.
Marshall wrote: "[W]hen the officer is not removable at the will of the executive, the appointment is not revocable, and cannot be annulled. It has conferred legal
rights which cannot be resumed..."
Marbury (CJ Marshall) cont.:
"The discretion of the executive is to be exercised until the appointment has been made. But having once made the appointment, his power over the office is terminated in all cases, where, by law, the officer is not removable by him."
Why not?
Read 17 tweets
Jed Shugerman Profile picture
28 Jul
Capital Delegation at the Founding:
Scholars @nicholas_bagley @jdmortenson & Nick Parrillo have found broad delegation by Congress to executive officials in the Founding Era.
I stumbled on another example:
The Residence Act, the 1790 statute creating the District of Columbia 1/
2/ The 1790 statute is here. And it is very short.
It was one of the most contentious debates of the first Congress, and it became part of the famous deal between Jefferson/Madison and Hamilton over assumption of state debt ("The Room Where It Happened").
www2.gwu.edu/~ffcp/exhibit/…
3/ The statute delegated power to a commission of 3 who "shall under the direction of the President survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned."
Those limitations?
Only this 70-mile span of the Potomac!
Read 4 tweets
Jed Shugerman Profile picture
21 Jul
Why is the arrest of Trump campaign insider Tom Barrack a big deal?
He is being prosecuted for acting as an unregistered foreign agent for Saudi...
My 2019 thread on how his corrupt nuclear lobbying for Saudi implicates:
Mike Flynn
Jared Kushner
Rick Gates, Rick Perry, MBS...
2/ @WendySiegelman and I were working in 2018-19 to explain how Brookfield (links to Qatar and United Arab Emirates) bailed out Jared Kushner on his 666 5th Ave. debt disaster.

She notes the Brookfield deal also implicates Mnuchin, Ross, Mattis & Pompeo
3/ Correction: Tom Barrack was indicted for acting as a foreign agent for UAE, which is more connected to Brookfield than Saudi.
@politico: "Also charged in the case were an aide to Barrack at his firm Colony Capital, Matthew Grimes, & a businessman from UAE, Rashid Al-Malik..."
Read 8 tweets
Jed Shugerman Profile picture
4 Jul
Bottom of 11th inning, @redsox at @Athletics.
1 out, runners on corners, sharp grounder to 2d base at double-play depth...
Instead of turning an easy inning-ending double play, @marwinGF9 just throws to first.
And these @fox announcers think he actually did a good thing. Whut.
The next hitter hit a deep fly for the 3d out, so no harm, no foul.
And then @marwinGF9 drove in the first run of extras for a 5-4 lead, so all forgiven.
Except for those slow Fox announcers.
I was not a fan of the Sox letting go of Betts, Bradley, and Benintendi, but I can get over it after watching a half-season of Alex Verdugo, Enrique Hernandez, and Hunter Renfroe (and tonight Martinez in LF and sometime soon Jarren Duran in CF)
Read 4 tweets
Jed Shugerman Profile picture
1 Jul
Kagan canonical dissent in Brnovich:
"If a single statute represents the best of America, it is the Voting Rights Act...
If a single statute reminds us of the worst of America, it
is the Voting Rights Act. Because it was—and remains—so necessary."
The majority is very bad news.
Kagan dissent:
"Rarely has a statute required so much sacrifice to ensure
its passage. Never has a statute done more to advance the Nation’s highest ideals. And few laws are more vital in the current moment. Yet in the last decade, this Court has
treated no statute worse."
2/
3/
In the next page, Kagan drops in a none-too-subtle reference to Dred Scott to shame the shameless Roberts Court:
Read 5 tweets
Jed Shugerman Profile picture
23 Jun
A Unitary Puzzle, as we await Collins v Yellen:
Why are judges & academics who otherwise are decentralizing states-rights federalists and opponents of the modern administrative state so in favor of centralized expansive presidential power?
Explainer:
shugerblog.com/2021/06/23/a-u…
I also recommend this article by Stephen Skowronek from a decade ago:
cdn.harvardlawreview.org/wp-content/upl…
3/
 I filed this brief in Collins with @protctdemocracy:
The first Congress rejected “presidentialism,” that the President alone can remove principal officers, and it rejected the more specific claim of exclusive or “indefeasible” presidential removal:
papers.ssrn.com/sol3/papers.cf…
Read 5 tweets

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