Shalev Gad Roisman
@shalevroisman.bsky.social
Law Professor at University of Arizona
alum of OLC and Waterville Senior High School
alum of OLC and Waterville Senior High School
Pinned
President Trump in the Era of Exclusive Powers - Harvard Law Review
The defining doctrinal innovation of the second Trump administration has been to take the Supreme Court at its word. In recent years, the Court...
harvardlawreview.org
I have an essay out in the @HarvLRev blog on "President Trump in the Era of Exclusive Powers."
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
The basic claim is that we can understand Trump 2.0 as an exercise in taking the Supreme Court's recent separation of powers jurisprudence at its word.
harvardlawreview.org/blog/2025/04...
Reposted by Shalev Gad Roisman
Worth notice: Andrew Coan on executive defiance of district court orders -- and the potential executive strategy of ignoring rather than appealing.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The Appellate Void
What would it actually look like for the executive branch to defy a court order? The standard picture involves a dramatic confrontation between the President an
papers.ssrn.com
October 23, 2025 at 12:25 AM
Worth notice: Andrew Coan on executive defiance of district court orders -- and the potential executive strategy of ignoring rather than appealing.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
Andrew Coan, Reverse Marbury buff.ly/BZEXAio
Balkinization: Reverse Marbury
A group blog on constitutional law, theory, and politics
buff.ly
October 9, 2025 at 5:45 PM
Andrew Coan, Reverse Marbury buff.ly/BZEXAio
This is a great piece!
High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch
Informational Accountability for the President - Administrative Law
Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in nature—are...
adlaw.jotwell.com
October 8, 2025 at 9:41 PM
This is a great piece!
Reposted by Shalev Gad Roisman
High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch
Informational Accountability for the President - Administrative Law
Jonathan David Shaub, White House Inspection, 103 Wash. U. L. Rev. __ (forthcoming 2026) available at SSRN (Feb. 25, 2025).Margaret KwokaAllegations of illegality—sometimes quite serious in nature—are...
adlaw.jotwell.com
October 7, 2025 at 5:39 PM
High praise for UK Law Prof Jonathan David Shaub in a new JOTWELL review by Prof. Margaret Kwoka of his recent article: adlaw.jotwell.com/informationa... #UKLawProfResearch
Reposted by Shalev Gad Roisman
Ahmed on Two Theories of Representative Democary
Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference…
Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference…
Ahmed on Two Theories of Representative Democary
Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference and translates the preferences of free and equal citizens into political will. Despite broad judicial and scholarly agreement that representation is central to election law, the Supreme Court is deeply ambivalent in how it treats the concept.
legaltheoryblog.com
October 7, 2025 at 7:25 PM
Ahmed on Two Theories of Representative Democary
Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference…
Ashraf Ahmed (Columbia University - Law School) has posted The Two Faces of Representation (California Law Review, Forthcoming 2026) on SSRN. Here is the abstract: In pluralistic democracies, representation is the process that mediates difference…
Highly Recommended!
Macey & Richardson on Separations of Powers
Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution…
Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution…
Macey & Richardson on Separations of Powers
Joshua Macey (Yale University - Law School) & Brian Richardson (Cornell University - Law School) have posted Structural Indeterminacy and the Separation of Powers on SSRN. Here is the abstract: Despite ongoing disagreement about how the Constitution allocates powers among the different branches, the two dominant schools of thought in American separation-of-powers debates— formalism and functionalism—agree on three premises: Certain powers inhere in certain government branches, some powers are vested exclusively in one or another branch, and the judiciary is the final arbiter of separation-of-powers disputes.
legaltheoryblog.com
October 7, 2025 at 9:00 PM
Highly Recommended!
Timely and important piece on "The Appellate Void" by my colleague, Andy Coan, now up on SSRN.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The Appellate Void
What would it actually look like for the executive branch to defy a court order? The standard picture involves a dramatic confrontation between the President an
papers.ssrn.com
October 7, 2025 at 3:15 PM
Timely and important piece on "The Appellate Void" by my colleague, Andy Coan, now up on SSRN.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!
Will work on distributing this to various listservs and blogs, but please share if you are able.
Will work on distributing this to various listservs and blogs, but please share if you are able.
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
October 3, 2025 at 2:26 PM
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!
Will work on distributing this to various listservs and blogs, but please share if you are able.
Will work on distributing this to various listservs and blogs, but please share if you are able.
Reposted by Shalev Gad Roisman
/2 Re-upping Enforcement Lawmaking & Judicial Review, where I argued that the Supreme Court risked subverting judicial power for executive power if they curbed lower court decisionmaking.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Enforcement Lawmaking and Judicial Review
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of the judiciary’s role in that expansi
papers.ssrn.com
September 4, 2025 at 3:57 PM
/2 Re-upping Enforcement Lawmaking & Judicial Review, where I argued that the Supreme Court risked subverting judicial power for executive power if they curbed lower court decisionmaking.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.
democracyproject.org/posts/must-a...
democracyproject.org/posts/must-a...
Special Feature: Must Administrative Officers Serve at the President’s Pleasure?
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
September 29, 2025 at 12:59 PM
At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.
democracyproject.org/posts/must-a...
democracyproject.org/posts/must-a...
Reposted by Shalev Gad Roisman
My article, "Statutory Liquidation," is now in final form.
Check it out on SSRN: papers.ssrn.com/sol3/papers....
Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...
Thank you to the many who helped improve it!
Check it out on SSRN: papers.ssrn.com/sol3/papers....
Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...
Thank you to the many who helped improve it!
Volume 77, Issue 3 - American University Administrative Law Review
Table of Contents Articles Statutory Liquidation Daniel T. Deacon Testing the Independence Hypothesis Cree Jones, Tyler B. Lindley, & Thomas Smith The Independence of Central Bank Supervision Christin...
administrativelawreview.org
September 22, 2025 at 9:09 PM
My article, "Statutory Liquidation," is now in final form.
Check it out on SSRN: papers.ssrn.com/sol3/papers....
Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...
Thank you to the many who helped improve it!
Check it out on SSRN: papers.ssrn.com/sol3/papers....
Or at the Administrative Law Review website: administrativelawreview.org/volume-77-is...
Thank you to the many who helped improve it!
Very generous and thoughtful piece applying the framework we put forward in linked piece below. Thank you, Rodger!
michiganlawreview.org/journal/pict...
michiganlawreview.org/journal/pict...
September 8, 2025 at 3:02 PM
Very generous and thoughtful piece applying the framework we put forward in linked piece below. Thank you, Rodger!
michiganlawreview.org/journal/pict...
michiganlawreview.org/journal/pict...
Reposted by Shalev Gad Roisman
Hi Folks! I wanted to share a 🧵about my JMP in @yalelawjournal.bsky.social
(now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/
(now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/
September 2, 2025 at 8:22 PM
Hi Folks! I wanted to share a 🧵about my JMP in @yalelawjournal.bsky.social
(now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/
(now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/
Reposted by Shalev Gad Roisman
This paper is a product of years of frustration with—and yet, an unrelenting commitment to—the field of international law. I hope it helps to launch a (more) productive conversation about what intl law has historically done and where the field might go from here.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
September 2, 2025 at 1:43 PM
This paper is a product of years of frustration with—and yet, an unrelenting commitment to—the field of international law. I hope it helps to launch a (more) productive conversation about what intl law has historically done and where the field might go from here.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
Reading the court's opinion in United States v. Russell -- interbranch litigation that the Executive initiated against the District of Maryland. Some thoughts on the opinion, which reaches the right result, sometimes on the right grounds and sometimes on incorrect ones. /1
August 26, 2025 at 3:18 PM
Reading the court's opinion in United States v. Russell -- interbranch litigation that the Executive initiated against the District of Maryland. Some thoughts on the opinion, which reaches the right result, sometimes on the right grounds and sometimes on incorrect ones. /1
Reposted by Shalev Gad Roisman
Reposted by Shalev Gad Roisman
Interested in interbranch litigation? Check out these two articles: papers.ssrn.com/sol3/papers....
Separation-of-Powers Avoidance
When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a case (or d
papers.ssrn.com
August 26, 2025 at 3:26 PM
Interested in interbranch litigation? Check out these two articles: papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
papers.ssrn.com
August 8, 2025 at 2:02 PM
I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....
I think this is also an example of the exclusive powers conception taking over. See Rao's op (at 12) arguing the dct erred by interfering w/ POTUS's exclusive diplomacy power.
For an initial take on the exclusive powers era, see below. Full article version TK...
harvardlawreview.org/blog/2025/04...
For an initial take on the exclusive powers era, see below. Full article version TK...
harvardlawreview.org/blog/2025/04...
August 8, 2025 at 5:08 PM
I think this is also an example of the exclusive powers conception taking over. See Rao's op (at 12) arguing the dct erred by interfering w/ POTUS's exclusive diplomacy power.
For an initial take on the exclusive powers era, see below. Full article version TK...
harvardlawreview.org/blog/2025/04...
For an initial take on the exclusive powers era, see below. Full article version TK...
harvardlawreview.org/blog/2025/04...
Reposted by Shalev Gad Roisman
Very grateful that my pitch for the field of Judicial Administration - that is, studying courts as institutions and how they function day to day - is now out with the Yale Journal of Law & the Humanities . . .
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Defining the Field of Judicial Administration
This Keynote address, as part of a symposium on "Theorizing the Judicial Process," aims to make a case for the field of judicial administration and to
papers.ssrn.com
August 4, 2025 at 8:21 PM
Very grateful that my pitch for the field of Judicial Administration - that is, studying courts as institutions and how they function day to day - is now out with the Yale Journal of Law & the Humanities . . .
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Shalev Gad Roisman
Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason.
papers.ssrn.com/abstract=537...
papers.ssrn.com/abstract=537...
July 30, 2025 at 2:15 PM
Loper Bright's Disingenuity, with @cary-coglianese.bsky.social, is forthcoming in the University of Pennsylvania Law Review. We argue that the majority opinion in Loper Bright is empty and internally contradictory. It is an assertion of power rather than reason.
papers.ssrn.com/abstract=537...
papers.ssrn.com/abstract=537...
Reposted by Shalev Gad Roisman
Excellent post by @aratojulian.bsky.social & Justina Uriburu - www.ejiltalk.org/treaty-and-c...
Treaty and Custom in the ICJ’s Climate Change Opinion
The International Court of Justice has released its long-awaited Advisory Opinion on Obligations of States in respect of Climate Change. Delivered yesterday by a unanimous Court, the Opinion marks a t...
www.ejiltalk.org
July 24, 2025 at 3:53 PM
Excellent post by @aratojulian.bsky.social & Justina Uriburu - www.ejiltalk.org/treaty-and-c...
It seems increasingly apparent that, IF President Trump fires Jerome Powell, it will be on the basis of having ostensible factual "cause" to do so pursuant to the Federal Reserve Act, rather than by claiming that the Federal Reserve's independence is unconstitutional.
July 16, 2025 at 4:38 PM
It seems increasingly apparent that, IF President Trump fires Jerome Powell, it will be on the basis of having ostensible factual "cause" to do so pursuant to the Federal Reserve Act, rather than by claiming that the Federal Reserve's independence is unconstitutional.
Reposted by Shalev Gad Roisman
Richard Fallon, In Memoriam, buff.ly/6WxLugJ - A tribute to the great scholar and dear friend.
July 15, 2025 at 3:12 PM
Richard Fallon, In Memoriam, buff.ly/6WxLugJ - A tribute to the great scholar and dear friend.
Reposted by Shalev Gad Roisman
OLC reared its head recently to opine that Trump can abolish any national monument he wants. Here are just a few of the problems with OLC’s opinion.
www.yalejreg.com/nc/olc-rears...
www.yalejreg.com/nc/olc-rears...
OLC Rears Its Head to Recognize an Unlimited Presidential Power to Abolish National Monuments for Any Reason, by Justin Pidot - Yale Journal on Regulation
As Jack Goldsmith observed in February, one of the “innovations” of the second Trump presidency has been to “cut down or eliminate” the legal interpretive authority of the Office of Legal Counsel (OLC...
www.yalejreg.com
July 14, 2025 at 2:43 AM
OLC reared its head recently to opine that Trump can abolish any national monument he wants. Here are just a few of the problems with OLC’s opinion.
www.yalejreg.com/nc/olc-rears...
www.yalejreg.com/nc/olc-rears...