Shalev Gad Roisman
@shalevroisman.bsky.social
Law Professor at University of Arizona alum of OLC and Waterville Senior High School
Next Monday 8/31, the Michigan Public Law Workshop is excited to welcome @ajosephoconnell.bsky.social, who will present her paper “The Disappearing World of Administrative Law.” The workshop is open to all members of the U of M academic community; anyone interested should let me know by DM or email.
Clarke & Kubo on the Constitution and Public Finance Conor Clarke and Eric Kubo (both Washington University in St. Louis School of Law) have posted…...
Clarke & Kubo on the Constitution and Public Finance
Conor Clarke and Eric Kubo (both Washington University in St. Louis School of Law) have posted Foreword: The Constitution and Public Finance—Why Now and Why Ever? (Washington University Law Review, forthcoming) on SSRN. Here is the abstract: This paper introduces the Washington University Law Review’s 2026 symposium issue on “Taxing, Spending, and the Constitution.” We situate the symposium’s ten papers within three interconnected developments in public finance law: the Supreme Court’s recent decision on the Sixteenth Amendment in Moore v.
legaltheoryblog.com
Berman on the Uninvestigable President Emily Berman (University of Houston Law Center) has posted The Uninvestigable President: Executive Accountability after Trump v....
Berman on the Uninvestigable President
Emily Berman (University of Houston Law Center) has posted The Uninvestigable President: Executive Accountability after Trump v. United States and Trump v. Slaughter on SSRN. Here is the abstract: Presidential accountability depends on information. Elections, impeachment, prosecution, and public judgment all require facts. And those facts are generated by a set of overlapping investigative mechanisms, including career investigators across the executive branch, inspectors general, and congressional committees, each capable of surfacing executive misconduct through distinct legal authorities and institutional incentives.
legaltheoryblog.com
This looks great, as usual for @profdanwalters.bsky.social
Dan Walters@profdanwalters.bsky.social · 2w agoNew paper 🚨: SCOTUS has made democratic theory a central part of its consolidation of presidential power over agencies, but its democratic vision is chock full of empirical and normative holes, which I unpack in a forthcoming essay in the Duke Law Journal. papers.ssrn.com/sol3/papers....
Some tips on academic writing that you should feel free to ignore (in no particular order)
Cool event alert! Together with the @realawreview.bsky.social blog the Comparative Administrative Law listserv is hosting a webinar to celebrate the publication of Paul Craig's latest European Administrative Law (4th ed., 2026). global.oup.com/academic/pro...
global.oup.com
Having had a chance to read this now, I can say it's one of my favorite pieces of the year. It very nicely pulls together a lot of what's going on, and it's highly relevant to efforts to rebuild democratic government in the future.
Ben Heath@jbentonheath.bsky.social · 3w agoI've posted my first systematic attempt to make sense of the past 20 months, as well as what came before. It's a work in progress, so please do hit me up with comments, objections, and screeds. The abstract (w/ alt text) is here. Some acknowledgments & refs in 🧵.1/x papers.ssrn.com/sol3/papers....
The new issue of the Journal of American Constitutional History is out today. Articles by Emily Rieger about pragmatism and the legal process school, Zachary Brown about Madisonian nationalism, and David Schwartz about compact theory. jach.law.wisc.edu
Journal of American Constitutional History
The Journal of American Constitutional History is a peer-reviewed web-based journal publishing high-quality scholarship on U.S. constitutional history. Our editorial board includes over 60 leading sch...
jach.law.wisc.edu
As for how to respond to the Chokepoint State, there's already some great literature to draw from by US public law scholars, including this excellent piece from @shalevroisman.bsky.social that features prominently in my paper's final part. 12/x papers.ssrn.com/sol3/papers....
The Exclusive Powers Presidency
Over the last decade, the Roberts Court has quietly transformed separation of powers law by centering the President’s “exclusive” powers. Yet the Court does not
papers.ssrn.com
Looks very interesting by @jbentonheath.bsky.social . Thank you for flagging!
Ben Heath@jbentonheath.bsky.social · 3w agoI've posted my first systematic attempt to make sense of the past 20 months, as well as what came before. It's a work in progress, so please do hit me up with comments, objections, and screeds. The abstract (w/ alt text) is here. Some acknowledgments & refs in 🧵.1/x papers.ssrn.com/sol3/papers....
Download of the Week: “Fact Avoidance” by Roisman The Download of the Week is Fact Avoidance by Shalev Gad Roisman. Here is the abstract:...
Download of the Week: “Fact Avoidance” by Roisman
The Download of the Week is Fact Avoidance by Shalev Gad Roisman. Here is the abstract: The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the former, without engaging with the latter. This Essay suggests that this is no coincidence—that one reason courts focus on legal interpretation is that it permits them to avoid second-guessing the President’s factual determinations.
legaltheoryblog.com
Thank you very much to @lsolum.bsky.social for featuring and "Highly Recommending" my piece on "Fact Avoidance."
Lawrence Solum@lsolum.bsky.social · 4w agoRoisman on Fact Avoidance Shalev Gad Roisman (University of Arizona - James E. Rogers College of Law) has posted Fact Avoidance…...
New draft posted: The Collision of State Climate Tort Suits with Federal Deregulation, forthcoming in the Yale Law Journal Forum. This Essay examines the preemption arguments in the Suncor Energy v. Boulder case, which the Supreme Court will review in Oct. term 2026: papers.ssrn.com/sol3/papers....
The Collision of State Climate Tort Suits with Federal Deregulation
In its October 2026 term, the Supreme Court will review <i>Suncor Energy v. County Commissioners of Boulder</i>, a tort case with significant implications for t
papers.ssrn.com
Gillian Metzger, Eloise Pasachoff, & I finished the 2026 supplement to the Gellhorn & Byse Administrative Law casebook. It is comprehensive, with excerpts from many cases, administrative documents, & scholarship. Email me if you want a copy. We hope it is useful to practitioners as well as teachers.
Shalev's new piece is a real banger--shining light on a significant, yet under appreciated, trend in the Roberts Court public law jurisprudence: "fact avoidance"
Shalev Gad Roisman@shalevroisman.bsky.social · last mo.New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
For anyone who doesn't, see this terrific piece! yalelawjournal.org/pdf/132.8.Ah...
yalelawjournal.org
Payvand Ahdout@payvandahdout.bsky.social · last mo.You know how I feel about avoidance.
Really good stuff here.
Shalev Gad Roisman@shalevroisman.bsky.social · last mo.New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
Looks fantastic. No one is thinking more carefully about the actual doctrines courts are using to address exercises of executive power than @shalevroisman.bsky.social. Can’t wait to read
Shalev Gad Roisman@shalevroisman.bsky.social · last mo.New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
Fact Avoidance
<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for
papers.ssrn.com
In a recent essay, @kateshaw.bsky.social of @penncareylaw.bsky.social argues that Trump v. Barbara preserved birthright citizenship but left future fights over the Citizenship Clause unresolved. www.theregreview.org/2026/07/27/s...
My article, "The Possibilities of Constitutional Education," was published today in the Columbia Journal of Transnational Law. The paper develops a theory of what constitutional education can teach us about constitutional order, focusing on China and the United States. Link in comments!
Recently read this great piece (outside of my US-focused area, but relevant). Highly recommend! papers.ssrn.com/sol3/papers....
Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India
Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists and academics, have been claiming that Indian democracy has been imp
papers.ssrn.com
New paper draft: A New Administrative Law for the Production of Scientific Knowledge. The Trump administration has eviscerated scientific research and advising; my hope is that these proposals can help us imagine ways for federal law to better protect science: papers.ssrn.com/sol3/papers....
A New Administrative Law for the Production of Scientific Knowledge
<p>Federal support for scientific research has paid enormous dividends to Americans from the mid-20<sup>th</sup> century to today. Investments in science have l
papers.ssrn.com
FINALLY up on SSRN - Melissa, Kate, & my paper - UNSETTLING THE PRESIDENCY! @profmmurray.bsky.social @kateshaw.bsky.social Brief excerpt from the abstract: papers.ssrn.com/sol3/papers....
I just posted my draft of this year’s Harvard Law Review #SCOTUS Foreword—“The Court Against the Courts.” It analyzes the challenges, obstacles, and threats district courts have faced in cases involving the Trump administration—and documents how & why the Court bears responsibility for much of it:
The Supreme Court, October 2025 Term Foreword: The Court Against the Courts
<p>The Supreme Court sits atop a judicial system on which it is deeply dependent. It lacks the capacity to superintend more than a fraction of the cases filed e
papers.ssrn.com
Now up on @ssrn.bsky.social, my latest with @levmenand.bsky.social on The Case for Administrative Law Pluralism, forthcoming in the exciting new edited collection by @blakeprof.bsky.social, @joshuamacey.bsky.social, @ksabeelrahman.bsky.social, and Bijal Shah. (1/4) papers.ssrn.com/sol3/papers....
The Case for Administrative Law Pluralism
<p><span>Federal administrative law is in flux. The Roberts Court has upended its doctrinal foundations, and the Second Trump Administration has flouted its lon
papers.ssrn.com
I have posted a revised version of my forthcoming article on “The General Law and the Local Law of Interpretation.” I hope it may be of value to people interested in: (1) the early American history of statutory interpretation, (2) state statutory interpretation (where the action was), and …
The General Law and the Local Law of Interpretation
Long presumed obsolete after Erie Railroad v. Tompkins, the "general common law" has reemerged as a subject of serious inquiry in recent scholarship i
papers.ssrn.com
Just finished Keith Richotte's brilliant and hilarious book THE WORST TRICKSTER STORY EVER TOLD. If you want an entertaining and enlightening read about Native America, the Supreme Court, and U.S. Constitution, this is the one.
