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Jed Shugerman Profile picture
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27 Aug, 4 tweets, 1 min read
Who was the best romantic empiricist?
Robin S?
Robyn?
Alicia?

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More from @jedshug

Jed Shugerman Profile picture
15 Sep
Biden's vaccine mandate is a good policy, but Congress needs to legislate it, rather than rely on agency regulation.
My research into 18th-century "vesting" suggests valid reasons for SCOTUS to revive the non-delegation doctrine.
1/ New @StanLRev draft:
papers.ssrn.com/sol3/papers.cf…
2/ Let's start with "vesting" & the unitary executive theory, which is where I started.
Unitary theorists assume the word "vest" had special legal meaning (exclusive & indefeasible).
My research shows that the word "vest" had only a general simple meaning of granting power.
3/ E.g., Richard Epstein in his 2020 book:
“The use of the term ‘vested’ brings back images of vested rights in the law of property; that is, rights that are fully clothed and protected, which means, at the very least, that they cannot be undone by ordinary legislative action...
Read 8 tweets
Jed Shugerman Profile picture
2 Sep
Confirmation.
The Supreme Court effectively overturned Roe v. Wade by a 5-4 vote last night. Roberts in dissent.

It's not the Roberts Court. It's the Shadow Court.

They didn't even have the decency to schedule a case and pretend to hear arguments.
It's all shadows & cowardice.
Texas strategically avoids judicial review by giving enforcement to private parties.
Sotomayor:
"Texas has deputized the State’s citizens as bounty hunters, offering them cash prizes for civilly prosecuting their neighbors’ medical procedures."
"By relying instead on citizen bounty hunters, Texas sought to make it more complicated for federal courts to enjoin the Act on a statewide basis.
A breathtaking act of defiance—of the Constitution, of this Court’s precedents, and of the rights of women."
Read 5 tweets
Jed Shugerman Profile picture
10 Aug
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
Read 4 tweets
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

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