Professor Zach Price, my UC Hastings Law colleague and a recognized star of U.S. constitutional theory, has recently published an essay entitled “Symmetric Constitutionalism: An Essay on Masterpiece Cakeshop and the post-Kennedy Supreme Court.” This essay proposes “symmetric constitutionalism” as a method for judges to use when deciding hard cases. His idea has drawn attention,… Continue reading →

All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading →

My colleague Professor Zachary Price, an expert on the constitutional separation of powers, recently dove into the First Amendment debates in a symposium article published in the University of Pennsylvania’s Journal of Constitutional Law. The article, titled “Our Imperiled Absolutist First Amendment,” examines the First Amendment in light of three salient socio-political developments: fake news,… Continue reading →

In “Reliance on Nonenforcement,” appearing in the William & Mary Law Review, my brilliant colleague Zach Price continues his leading work on executive–branch nonenforcement, an issue that has risen to the forefront in an era of divided and polarized politics. The idea of executive nonenforcement is straightforward and has a long pedigree. Has a police… Continue reading →

My colleague Zach Price, who writes about constitutional law, with a specific emphasis on separation of powers and executive power, has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. The article tackles a heady issue of law and politics: when are congressional conditions… Continue reading →