Governments and Legislation

Monumental Disagreements: A Call to Move Away From “Sign Here” Scholarship

John Murdock

Abstract Response to Richard H. Seamon, Dismantling Monuments Invited to respond to Dismantling Monuments, Professor Richard Seamon’s exploration of the legal controversies surrounding President Trump’s decision to dramatically reduce the size of two national monuments in Utah, I initially feared that I would have little to say. “Amen” adds little from a scholarly standpoint, and […]

Coloring Outside The Lines: A Response to Professor Seamon’s Dismantling Monuments

Hope Babcock

Abstract Response to Richard H. Seamon, Dismantling Monuments In Dismantling Monuments, Professor Richard H. Seamon defends President Donald Trump’s recent proclamations modifying the boundaries of two national monuments, Grand Staircase-Escalante and Bears Ears, that Presidents Clinton and Obama each designated at the ends of their Administrations. Professor Seamon is not alone in making these arguments, as I […]

A Response to Dismantling Monuments

John C. Ruple

Abstract Response to Richard H. Seamon, Dismantling Monuments On December 4, 2017, President Trump shrank Bears Ears by 85% and the Grand Staircase Escalante by almost 50%. The question at the heart of the lawsuits that followed is simple: does the President have the legal authority to dismember our national monuments? I believe that he […]

A Statutory National Security President

Amy L. Stein

Abstract Not all presidential power to address national security threats stems from the Constitution. Some presidential national security powers stem from statute, creating complicated questions about the limits of these powers delegated to the President by Congress. Scholars who have explored ways to achieve the proper balance between responsiveness and accountability have generally focused on […]

By Any Other Name: Rational Basis Inquiry and the Federal Government’s Fiduciary Duty of Care

Written by: Gary Lawson & Guy I. Seidman

Abstract Under modern law, federal legislation is subject to “rational basis review” under the doctrinal rubric of “substantive due process.” That construction of the Fifth Amendment’s Due Process of Law Clause is notoriously difficult to justify as a matter of original constitutional meaning. Something functionally very similar to substantive due process, however, is easily justifiable […]

William C. Matthews, Aventura Management, LLC v. Spiaggia Ocean Condominium Association: Condominium Associations Beware

In late January 2013, the Third District Court of Appeal sent shockwaves throughout the real estate community with regards to condominium associations’ rights as unit owners. In AventuraManagement, LLC v. Spiaggia Ocean Condominium Association1 (Spiaggia), the appellate court interpreted Florida Statute § 718.1162 in an unprecedented way. The court held that if a condominium association […]