Shows
Necessary & Proper PodcastNecessary & Proper Episode 94: The End of Humphrey’s Executor?Does the President control independent agencies? This panel will examine the Trump administration’s efforts to reassert presidential control over independent federal agencies, considering the constitutional, legal, and practical implications of such actions. Central to the discussion will be Humphrey’s Executor v. United States, which upheld the independence of certain regulatory bodies by limiting the President’s removal power, and the perspectives raised by legal cases such as Hampton Dellinger’s, which questioned the administration’s authority over the removal of agency officials. Proponents argue that increased presidential oversight enhances accountability, ensuring agencies align with elected leadership’s policies, while critic...
2025-08-121h 27
Slate Crime and JusticeAmicus | This End Of Term At SCOTUS Is Unlike Any Other in HistoryThe end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned ch...
2025-05-311h 12
Slate Daily FeedAmicus | This End Of Term At SCOTUS Is Unlike Any Other in HistoryThe end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned ch...
2025-05-311h 15
Slate NewsAmicus | This End Of Term At SCOTUS Is Unlike Any Other in HistoryThe end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned ch...
2025-05-311h 15
Amicus With Dahlia Lithwick | Law, justice, and the courtsThis End Of Term At SCOTUS Is Unlike Any Other in HistoryThe end (of the Supreme Court term) is nigh. This week, Amicus goes into June Opinionpalooza mode with some meta-analysis of what to look out for as the Supreme Court delivers dozens of decisions over the next month or so. Dahlia Lithwick and Mark Joseph Stern say this is a term-ending unlike any other, partly because the number of cases pinging onto the high court’s shadow docket means the term may never really, truly, actually, end. And even when the shadow docket cases are decided, there is no real law that emerges, just a few lines of unsigned ch...
2025-05-311h 12
Sidebar by Courthouse NewsThe Imperial PresidencyWelcome to the age of the imperial presidency, dear listener.After President Donald Trump returned to the Oval Office in January, he flexed a newfound authority unlike his predecessors as he spent the first few weeks legislating through executive orders.Whether you think Trump is above the law in practice or theory, the U.S. Supreme Court’s decision last July in Trump v. United States feels particularly poignant as his administration faces over 100 lawsuits under 100 days into his second term.How does the court’s finding impact how Trump legislates from the exec...
2025-04-0132 min
Justice By DesignThe 14th Amendment Explained with Jed ShugermanKimberly Atkins Stohr and Jen Shugerman discuss the complexities surrounding birthright citizenship as established by the 14th Amendment. They explore the historical context of the amendment, the implications of presidential power over immigration, and the potential for the Supreme Court to overturn established precedents. The conversation emphasizes the importance of birthright citizenship as a foundational principle of American identity and the need for civic engagement to protect it.
2025-01-1728 min
The Lawfare Podcast: Patreon EditionLawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 SpeechFrom October 28, 2022: There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement?Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School...
2024-09-0243 min
The Lawfare PodcastLawfare Archive: Why the First Amendment Doesn’t Protect Trump’s Jan. 6 SpeechFrom October 28, 2022: There's been a lot of discussion about whether Donald Trump should be indicted. Lately, that discussion has focused on the documents the FBI seized from Mar-a-lago or the Jan. 6 committee's revelations about his efforts to overturn the 2020 election. But what about his speech on the ellipse on Jan. 6 when he told a crowd of thousands to “fight like hell,” and they went on to attack the Capitol? Isn't that incitement?Lawfare executive editor Natalie Orpett sat down with Alan Rozenshtein, a senior editor at Lawfare and an associate professor at the University of Minnesota Law School...
2024-09-0243 min
Supreme MythsProfessor Jed ShugermanPresidential power expert Professor Jed Shugerman stops by Supreme Myths to talk Presidential Immunity, Section 3 Disqualification, Chevron, and how Originalism should work in separation of powers cases.
2024-07-2554 min
Trump's TermsTrump guilty on all counts — first president convicted in a felony criminal trialNever before has a former or sitting U.S. president been convicted of felony crimes. Until now.A jury of 12 New Yorkers found former President Donald Trump guilty of 34 counts of falsifying business records to cover up a hush money payment to adult film star Stormy Daniels ahead of the 2016 presidential election. Hosts Scott Detrow and Juana Summers are joined by an NPR roundtable — Justice Correspondent Carrie Johnson, Senior Editor and Correspondent Domenico Montanaro, White House Correspondent Franco Ordenez, Boston University professor Jed Shugerman, and from the courthouse, Andrea Bernstein. Learn more about sp...
2024-05-3119 min
FedSoc EventsPanel II: The Executive Power, the Legislative Power, and the Administrative StateMany critics of modern administrative law want a world where Congress does more things, and the executive does less—which would lead to relative stability across administrations. Simultaneously, many also want their vote in presidential elections to have meaningful policy consequences. Between these two competing intuitions lies a tension at the heart of much contemporary political strife, which, of course, has a great deal to do with who controls Congress and who controls the White House.Featuring:Prof. Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law SchoolEli Nachmany, Associate, Covington & Bu...
2024-05-201h 44
Trump's TermsHas the prosecution proved its case against Trump?For this episode of Trump's Trials, host Scott Detrow speaks with NPR political reporter Ximena Bustillo and Boston University law professor Jed Shugerman. The prosecution's star witness, Michael Cohen was on the stand for three days this week. He testified about the alleged scheme to pay off adult film star Stormy Daniels and the alleged business fraud that followed. Cohen placed former President Trump at the scene saying he was aware and involved in the alleged cover up. But Cohen is an admitted liar and the defense called into question his credibility.Cohen is...
2024-05-1819 min
Trump's TermsStormy moments in Trump's hush money trialFor this episode of Trump's Trials, host Scott Detrow speaks with NPR senior political editor and correspondent Domenico Montanaro and Boston University law professor Jed Shugerman. This week adult film actress Stormy Daniels testified about her alleged sexual encounter with former president Donald Trump in 2006. Daniels described the encounter, which Trump denies took place, in great detail. Although whether or not Trump and Daniels had sex is not what the jury will rule on, it is the alleged event that led to a payment 10 years later that lies at the heart of the case. Trump's former...
2024-05-1120 min
The Beat with Ari MelberDamning evidence piles up against Trump in hush money trialMSNBC's Ari Melber hosts "The Beat" on Wednesday, April 1, and reports on week three of Donald Trump's criminal trial and an abortion ban in Florida that has officially taken effect. Plus, Melber reports on his recent interview with retired Supreme Court Justice Stephen Breyer. Chai Komanduri, Jed Handelsman Shugerman, Renato Mariotti and Molly Jong-Fast join. Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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2024-05-0241 min
The Dan Abrams PodcastThe Dan Abrams Podcast with Professor Jed ShugermanIn today's episode, Dan is joined by Professor Jed Shugerman (Boston University School of Law) to discuss the recent SCOTUS hearing held arguing whether Trump has presidential immunity or not.
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2024-04-2625 min
Gray MattersJed Shugerman's Major Questions About Emergency Powers and StandingAdam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center research roundtable, “Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine.”Notes:Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine, Jed Handelsman Shugerman Major Questions About Presidentialism: Untangling the “Chain of Dependence” Across Administrative Law, Jed Handelsman Shugerman and Jodi L. Short Standing Without Injury, Jo...
2024-02-091h 02
Gray MattersJed Shugerman’s Major Questions About Emergency Powers and StandingAdam White and Jace Lington chat with Law Professor Jed Handelsman Shugerman about lingering issues following the Supreme Court’s decision in the Biden v. Nebraska student loan case. They discuss a recent paper Shugerman presented at a Gray Center...
2024-02-091h 02Gray MattersMichael Ramsey’s Originalist Defense of the Major Questions DoctrineAdam White and Jace Lington chat with Law Professor Michael D. Ramsey about how originalists can defend the major questions doctrine as a substantive canon of interpretation. He examines post-ratification court practice and other substantive canons designed by judges to minimize the harms of judicial error when interpreting ambiguous statutes. Ramsey recently presented a paper on this subject at a Gray Center research roundtable.Notes:An Originalist Defense of the Major Questions Doctrine, Michael D. Ramsey The Major Questions Doctrine: Right Diagnosis, Wrong Remedy, Thomas W. Merrill The Ghosts of Chevron Present and Future, Gary...
2024-02-0252 min
Democracy's Future?The Polarizing Struggle for a New Constitution: Chile's Upcoming ReferendumVeronica Undurraga was the President of the Expert Commission created in December 2022 to draft a new constitution for Chile. She is a professor of Law at Universidad Adolfo Ibañez and author of many scholarly articles on Chile's constitutional process, including Engendering a constitutional moment: The quest for parity in the Chilean Constitutional Convention (2020) in ICON.For background on the first proposed constitution that failed in 2022, listen to the Fordham Law Podcast Constitutional Crisis Hotline Episode, A Constitutional Cautionary Tale: Why the New Constitution Failed in Chile (September 2022, with Julie Suk and Jed Shugerman Samuel Isaaacharoff, Sergio Ve...
2023-12-1551 min
FedSoc EventsShowcase Panel III: Originalism on the GroundFeaturing: Prof. John C. Harrison, James Madison Distinguished Professor of Law, University of Virginia School of Law Hon. Randolph Moss, United States District Court, District of Columbia Hon. Andrew S. Oldham, Judge, United States Court of Appeals, Fifth Circuit Prof. Jed H. Shugerman, Boston University School of Law Moderator: Hon. Gregory G. Katsas, Judge, United States Court of Appeals, District of Columbia Circuit
2023-11-171h 42
Constitutional Crisis HotlineSupreme Court RoundupFordham Law professors Tracy Higgins, Abner Greene, and Ethan Leib join Julie Suk on the Constitutional Crisis Hotline to analyze the major cases of the Supreme Court Term that just ended, and then debate about the public criticisms of the Court’s legitimacy.In the last few weeks, the Supreme Court struck down race-based affirmative action programs, calling into question whether institutions can promote diversity in race conscious ways. It protected the free expression of a Christian website designer who opposes same-sex marriage against a Colorado law that would require her to offer her services to same-sex cou...
2023-07-2753 min
What Next | Daily News and AnalysisIs Biden To Blame for the Student Debt Mess?The Biden administration’s plan to forgive federal student loan debt has been stalled, perhaps indefinitely, by the Supreme Court’s decision in Biden v. Nebraska. Was their plan to help borrowers always doomed, or was there another way? And after the Roberts court delivered such a broad-sweeping decision, what options does Biden have left?Guest: Jed Shugerman, professor at Boston University School of Law.If you enjoy this show, please consider signing up for Slate Plus. Slate Plus members get benefits like zero ads o...
2023-07-0628 minConstitutional Crisis HotlineIndicting TrumpCorey Brettschneider is a visiting professor at Fordham Law School, where he has taught constitutional law courses for several years. He is also a Professor of Political Science at Brown University. He is the author of several books on constitutional law and political theory, and editor of the Penguin Liberty series--a collection of historical, political and legal classics that speak to modern issues of liberty and constitutional rights. Brettschneider is also a frequent commentator in the media since the Trump presidency on the presidency and the Constitution, including the law and politics of prosecuting and suing a president.R...
2023-06-2648 min
Rational SecurityThe “Catch More Flies with Shugerman” EditionThis week, Alan, Quinta, and Scott were joined by law professor extraordinaire Jed Shugerman to talk over his controversial take on the New York district attorney's case against former President Trump, among other items in the week's national security news, including:“If You Come at the King, You Best Not Whiff.” Former President Trump’s indictment on 34 counts of falsifying business records in the first degree under New York state law earlier this month has triggered a firestorm of controversy, with several commentators accusing New York district attorney Alvin Bragg of advancing a weak or flawed case. What should w...
2023-04-201h 02Constitutional Crisis HotlineAfter Misogyny: Can constitutional democracies get past male overempowerment?Constitutional Crisis Hotline co-host Julie Suk argues in a new book that misogyny is the overempowerment of men and the collective overentitlement of society to women’s forbearance, pain, and sacrifices for the common good. Misogyny not woman-hatred alone; it is the legal structure that enables that hatred and extracts benefits to society at women’s expense. In this conversation, occurring in the moment that Donald Trump was finally indicted for concealing his hush-money payments to a porn actress, and a federal judge in Texas invalidated abortion pills, Deb Tuerkheimer and Julie Suk explore how this reframing of misogyny shed...
2023-04-1141 minConstitutional Crisis HotlineRe-Constructing Basic LibertiesWhat is the future of constitutional rights protections and equal citizenship in our constitutional democracy? Is substantive due process over after Dobbs, or can we reconstruct it? We talk with Jim Fleming (Boston University School of Law, JD/PhD) about his recent book, “Constructing Basic Liberties: A Defense of Substantive Due Process” (2022), in conversation with Ken Kersch (Boston College, Political Science, JD/PhD), an expert on conservative political and legal thought, and working on a new book "The Right Rights: The Conservative Encounter with Civil Rights and Civil Liberties, 1954-1980."
2023-03-3046 minConstitutional Crisis HotlineStayin' Alive: The 1970s Equal Rights Amendment Returns to CongressIs the Equal Rights Amendment (ERA) dead or alive? The Senate Judiciary Committee held a hearing at the end of February to consider a resolution that would recognize some state ratifications of the ERA that were completed decades after Congress’s deadline. Originally proposed in 1923 and adopted by Congress in 1972, the ERA would add a sex equality guarantee to the U.S. Constitution. Does Congress have constitutional power to remove the ratification deadline? What should it do about the states that tried to rescind their ratifications? And what difference does the Supreme Court’s decision in Dobbs make to the...
2023-03-2048 minConstitutional Crisis HotlineEmergency Episode: The Biden Student Debt Oral Arguments and Emergency PowersA breaking-news emergencies podcast right after the oral arguments in the Biden Student Debt cases: Nebraska v. Biden and Dept of Education vs. Brown, joined by:Liza Goitein, senior director of the Brennan Center for Justice’s Liberty & National Security Program, and a nationally expert on presidential emergency powers. She wrote immediately after the Biden plan was announced for the Washington Post: “Biden Using Emergency Powers for Student Debt Relief? That’s a Slippery Slope,” linked here.And we’re joined by Nestor Davidson, Albert A. Walsh Chair in Real Estate, Land Use, and Property Law; Facul...
2023-03-0247 min
Getting Schooled PodcastWhat Is The Department Of Justice?This week, Fordham Law School professor and Author of The People's Courts, Jed Shugerman, Ph.D. joins Abby in the classroom to explain the role of the Department of Justice.Jed shares why the DOJ was established and the role it plays within the United States government. He also answers a question on the appointing of a special counsel and the role of the U.S. Attorney General. Later, Abby and Jed unpack how the DOJ holds the Executive Branch accountable for any evidence of corruption and the misuse of their authority.Keep up with Abby...
2023-02-2639 minConstitutional Crisis HotlinePresidents' Day, the National Security Constitution, and the Russian Invasion AnniversaryThis Presidents’ Day episode on presidential power over war and foreign policy coincides with the one-year anniversary of Russia’s invasion of Ukraine, Feb. 24th. A veteran of four administrations' foreign policy teams, Yale Law professor Harold Koh, and Fordham Law colleagues Martin Flaherty and Tom Lee connect both topics: the Russian invasion, the history of presidential power, and the overlapping questions of national security and the risks to democracy from the outside – and from within the Oval Office.Harold Koh is a visiting professor at Fordham this spring, and Sterling Professor of International Law and former Dean a...
2023-02-2051 minConstitutional Crisis HotlineCovert Juries and Overt Acts: An Update on the Trump Criminal InvestigationsTrump’s interference in the 2020 Election and the January 6 insurrection were big reasons we started this podcast. In this episode, we get some updates on those investigations and ask some questions about some of the progress and the legal and political problems ahead. Helping us understand the covert jury reports, we talk to Anthony Michael Kreis, professor at Georgia State College of Law. Helping us understand the January 6 investigation and the importance of “overt acts,” we talk to Alan Rozenshtein, law professor at the University of Minnesota (co-host of Lawfare’s Rational Security podcast and co-author with Jed on a new art...
2023-02-0747 minConstitutional Crisis HotlineThe 50th Anniversary of Roe v. WadeRoe was much more than a Supreme Court decision. It was an event that changed the course of women's lives around the world. How do we commemorate it, especially after the Supreme Court overruled the decision in Dobbs v. Jackson Women's Health last year?Linda Greenhouse is the Pulitzer-Prize winning journalist who covered the U.S. Supreme Court for the New York Times from 1978 to 2007. She continues to contribute op-eds regularly at the New York Times, and is a clinical lecturer and senior research scholar at Yale Law School and author of, most recently, Justice on the Brin...
2023-01-2251 minConstitutional Crisis HotlineGhosts of Elections Past, Present, and FutureGhosts of Elections Past, Present, and FutureWe talked to Rick Pildes (NYU Law) a few days after the Moore v. Harper oral argument, the “independent state legislature” case that instilled many worries about the Court opening a door to state legislatures overriding the popular vote. While those fears were unfounded (so to speak), this case raises other concerns that federal courts will get more intwined with elections and will block state courts from enforcing their constitutions, overturning impermissible gerrymanders, and providing remedies. In “Ghosts of Elections Past, Present, and Future,” we talk about how this case...
2022-12-211h 00Constitutional Crisis HotlineAbolition ConstitutionalismDorothy Roberts is George A. Weiss University Professor of Law & Sociology; Raymond Pace & Sadie Tanner Mossell Alexander Professor of Civil Rights; and Professor of Africana Studies Director, Program on Race, Science and Society. She is an acclaimed scholar of race, gender and the law. Her pathbreaking work focuses on urgent contemporary issues in health, social justice, and bioethics, especially as they impact the lives of women, children and African-Americans. In this episode, we discuss her 2022 book, Torn Apart: How the Child Welfare System Destroys Black Families--and How Abolition Can Build a Safer World and her 2019 Her major books include Fat...
2022-12-1254 minThe Dan Abrams PodcastThe Dan Abrams Podcast with Jed ShugermanDan is joined by Professor Jed Shugerman of Fordham University to discuss SCOTUS hearing arguments on Moore v. Harper.
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2022-12-0943 minConstitutional Crisis HotlineOur Unamendable ConstitutionWhen a constitution reaches a crisis, should amendments be made to address it? That’s what happens in many constitutional democracies around the world, but the United States has not had a constitutional amendment for thirty years. Article V of the U.S. Constitution, requiring two thirds of both houses of Congress and ratification by three-fourths of the states to amend it, makes our constitution nearly impossible to change in the twenty-first century. In Episode 5 on Article V, Constitutional Crisis Hotline explores alternative amendment processes from other constitutional democracies as well as the history of amending and failing to ame...
2022-11-2152 minConstitutional Crisis HotlineDiversity in Crisis? The Affirmative Action Oral ArgumentsJust hours after the oral arguments on Halloween (Mon, Oct. 31st) in Students for Fair Admissions v. the University of North Carolina and Students for Fair Admissions v. Harvard, we asked five experts for their immediate reactions, analysis and predictions: Eleanor Brown (Penn St/Fordham Law, co-signer of Black Women Law Professors' amicus brief), Jonathan Feingold (Boston U. Law) and Vinay Harpalani (U. New Mexico Law) (co-authors of a critical legal studies brief questioning Legacy+ policies as a racial privilege), Tom Lee (Fordham Law, co-director of Fordham's Center for Asian Americans and the Law), and Kimberly West-Faulcon (Loyola Law...
2022-11-0157 minConstitutional Crisis HotlineA Constitutional Cautionary Tale: Why the New Constitution Failed in ChileIn 2020, Chilean voters demanded a new constitution to replace the one written in 1980 under the military dictatorship. But in 2022, Chilean voters rejected the new constitution drafted by political independents elected to a gender-balanced and indigenous-inclusive assembly. Why? What was in the constitution that many described as the most progressive constitution written to date? And what does the vote say about the prospects for constitutional reform in Chile and beyond?Samuel Issacharoff is Bonnie and Richard Reiss Professor of Constitutional Law at NYU School of law and the author of Fragile Democracies: Contested Power in the Era of Cons...
2022-10-3156 minConstitutional Crisis HotlineWomen Lawyers to the Rescue: Dahlia Lithwick's Lady JusticeDahlia Lithwick is the senior legal correspondent at Slate and host of Amicus, Slate’s award-winning biweekly podcast about the law. Her work has also appeared in The New York Times, Harper’s, The New Yorker, The Washington Post, The New Republic, and Commentary, among other places. Her new book Lady Justice: Women, the Law, and the Battle to Save America showcases women lawyers who have taken on Trumpism since 2016. In this episode, Fordham Law students ask: how will women save America from the continuing threats to equality?Read Dahlia’s book, Lady Justice: Women, the Law, and the B...
2022-10-1738 minConstitutional Crisis HotlineConstitutionalism: What can we say now?On this first episode of Constitutional Crisis Hotline, we start off with the big question: should the U.S. Constitution be scrapped? Guest biosSanford Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals. His books include Constitutional Faith (1988); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of G...
2022-10-0630 minConstitutional Crisis HotlineIntroducing the Constitutional Crisis HotlineJoin Fordham Law School professors Jed Shugerman and Julie Suk as we navigate breaking news about democracies breaking. With threats to constitutional democracy at home and abroad surfacing almost daily, Jed and Julie will have real debates assessing them. Are we in a constitutional crisis yet? Is the U.S. Constitution itself the crisis? How can the law help?
2022-09-2801 min
The Comedy Cellar: Live from the TableThe Case for Prosecuting Donald TrumpA conversation about a piece Jed Shugerman co-authored in Persuasion magazine. Jed Shugerman is a Professor at Fordham Law School. He received his B.A., J.D., and Ph.D. (History) from Yale.
2022-09-091h 08Rational SecurityThe "Life After Cassidy" EditionThis week, Quinta and Scott were joined by Lawfare's new Managing Editor, Tyler McBrien, to hash through the week's national security news, including: “(John) Dean for a Day.” Surprise testimony by former White House aide Cassidy Hutchinson has shed unprecedented light on Donald Trump’s actions on Jan. 6th and reinvigorated discussions of possible criminal charges, among other consequences. Was this the smoking gun? What might it change moving forward?“The Prince and the Proffer.” A federal judge has asked the federal government to weigh in on whether Saudi Crown Prince Mohammed Bin Salman ha...
2022-07-061h 06
The Continuous ActionIt’s Good To Be The KingHosts Walt Shaub and Virginia Heffernan investigate the ways presidential power has expanded at the expense of checks and balances. What systems exist to rein in a would-be authoritarian president, and how are they faring in these turbulent times? The hosts talk to historian Matt Dallek, who explains the expansion of presidential power and the dangers of relying on norms and traditions alone to rein in executive power. As Dallek notes, some theorists have flooded the zone with talk of a nearly omnipotent leader who resembles a king more than a president. But law professor Jed...
2022-05-2053 minSupreme MythsProfessors Jed Shugerman and Mike RamseyProfessors Jed Shugerman and Mike Ramsey join Supreme Myths to discuss Presidential Power, Originalism, and Judicial Review.
2022-01-141h 14
Opening ArgumentsOA409: Jed Shugerman on Trump's "Unfaithful Execution" of the Oath Jed Shugerman is a Professor of Law at Fordham University. He and his colleague Ethan Leib filed a motion before Judge Amy Berman Jackson regarding Roger Stone's commutation. They argue "that the Constitution limits the pardon power to uses that are in the public interest, not primarily for self-interest, self-dealing, or self-protection." For more information and for links to Jed's law review articles related to these arguments, check out his blog post.
2020-08-041h 12
UnPresidented: Creating change that empowers the ResistanceThe Landmark LGBT Supreme Court Decision ExplainedFordham Law Professor Jed Shugerman explains the Supreme Court's sweeping and historic LGBT rights decision making employment discrimination against lesbian, gay, bisexual and transgender people illegal across the United States. This is a 43-minute excerpt of the 90-minute interview, to hear the rest of the show, and support our work, please become a subscriber over at Patreon, thanks.
See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
2020-06-1543 min
Amicus With Dahlia Lithwick | Law, justice, and the courtsFlowers, Crosses, Clauses and OathsA flurry of decisions this week, but few big-ticket items. Mark Joseph Stern takes us through the opinions and dissents in Flowers v Mississippi, Gundy v United States and American Legion v American Humanist Association. Dahlia Lithwick is also joined by Jed Shugerman and Andrew Kent of Fordham University Law School, two of the authors of the Harvard Law Review article, Faithful Execution and Article II, which examines whether the constitution holds the President to some higher standard than just not doing crimes. Learn more about your ad choices. Visit megaphone.fm/adchoices
2019-06-221h 05Amicus With Dahlia Lithwick | Law, justice, and the courtsExtra: Redactionist HistoryDahlia Lithwick is joined by former department of Justice spokesperson Matt Miller and Fordham Law Professor Jed Shugerman for a read of the (redacted) Mueller report. Learn more about your ad choices. Visit megaphone.fm/adchoices
2019-04-1825 min
Radio AtlanticPresident Trump's New Legal NightmareOn Wednesday before the House Oversight Committee, Michael Cohen called the president a racist, a conman, and a cheat. He also brought documents.Trump’s onetime confidant testified for seven hours. He laid a trail of legal breadcrumbs that are likely to be followed by House Democrats and federal investigators, among others—long after Robert Mueller hands in his report to the Attorney General.Fordham Law Professor Jed Shugerman joins Alex Wagner to explain the legal problems President Trump now faces. Learn more about your ad choices. Visit megaphone.fm/adchoices
2019-03-0132 min
Oral ArgumentEpisode 184: Bleep that BleepHere's your Thanksgiving Holiday episode, perfect for travel and your other holiday needs. If you listen only for law-related content, you'll probably want to skip to 01:17:16, where we somewhat casually discuss the controversy over whether the supposed Acting Attorney General was properly appointed. But we discuss many mailbag-related topics: the California fires and climate change (00:25), politeness and over-decorousness (8:53), how we imagine the mailbag and the miracles of pre-computer-age physical organization (11:06), how to find a good coffeeshop and the origins of "heyday" (22:15), our supposed bad taste in movies and our regard for certain consumer electronics (38:47), caselaw access and textbooks (55:44), seekers (59:44...
2018-11-191h 49
Opening ArgumentsDo You Like to Gamble?Today's Rapid Response Friday tackles the #1 emailed story to us this past week: is the real story behind the Kavanaugh nomination that the Trump administration needs him on the Supreme Court to rule in Gamble v. U.S. regarding the dual sovereignty doctrine as it applies to double jeopardy? We begin with a quick note about the New York Times story on Trump's taxes which will be covered on Serious Inquiries Only. Then it's time to figure out this claim about Gamble v. U.S. that fact-checking website Snopes rated as "true." Is it, though? (Hint: ...
2018-10-051h 18Oral ArgumentEpisode 173: Faithful ExecutionThe Constitution requires the President to "take Care that the Laws be faithfully executed." Phrases like "faithful execution" are hardly unique to the constitutional setting. Rather, they have long been signals of both public and private relationships of trust and confidence, relationships that give rise to "fiduciary duties" in law. Ethan Leib and Jed Shugerman argue that the President has fiduciary duties and that these constrain his or her power to pardon and otherwise to act.
This show’s links:
Ethan Leib’s faculty profile and academic writing
Jed Shugerman’s faculty profile, academic writing, and blog
E...
2018-06-291h 36
Politics and Polls#83: Trump, Russia and Mueller — What’s Next? President Donald Trump tweeted choice words last weekend about special counsel Robert Mueller’s investigation into Russian interference with the 2016 presidential election. Trump then added another lawyer to his team — Joseph diGenova, a former U.S. attorney for the District of Columbia, who has spoken aggressively against the Russia investigation. Both moves concern many lawmakers, who worry Trump may actually find a means to have Mueller fired in an attempt to quash the examination. If Mueller is fired, has he positioned the investigation so it can continue without him? This and more is discussed in this episode of Poli...
2018-03-2239 min
Your Weekly ConstitutionalTrumping the Emoluments ClausesSeveral lawsuits are moving through the courts, claiming that the President has violated something called the Emoluments Clauses of the Constitution. But what, precisely are these Emoluments Clauses? And how has the President allegedly violated them? We’ll speak with two experts, on opposite sides of the issue: Jed Shugerman of Fordham Law School, and Josh Blackman of the South Texas College of Law in Houston.
2018-02-1652 minYour Weekly ConstitutionalTrumping the Emoluments ClausesSeveral lawsuits are moving through the courts, claiming that the President has violated something called the Emoluments Clauses of the Constitution. But what, precisely are these Emoluments Clauses? And how has the President allegedly violated them? We’ll speak with two experts, on opposite sides of the issue: Jed Shugerman of Fordham Law School, and Josh Blackman of the South Texas College of Law in Houston.
2018-02-1652 min
cmdX anDre Articles "Law of WE "podcastThe Emoluments Clause in courtJosh Blackman and Jed Shugerman join the National Constitution Center’s Jeffrey Rosen to discuss President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses.
2017-10-2639 min
We the PeopleThe Emoluments Clause in courtJosh Blackman and Jed Shugerman join the National Constitution Center’s Jeffrey Rosen to discuss President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses.
2017-10-2644 min
We the PeopleThe Emoluments Clause in courtJosh Blackman and Jed Shugerman join the National Constitution Center’s Jeffrey Rosen to discuss President Trump’s alleged violation of the Foreign and Domestic Emoluments Clauses.
2017-10-2644 min
The Dan Abrams Debate SeriesDebate 1 – Is there a legal case to impeach President Trump?Dan Abrams moderates a debate between Fordham University Law Professor, Jed Shugerman and attorney, Ross Garber, Co-Chair of the Government Investigations Group at Shipman & Goodwin. The topic is whether there is sufficient legal grounds to impeach President Trump.
2017-06-2500 min
On the MediaNo One Is Above the LawThis week Attorneys General from DC and Maryland alleged in a lawsuit that payments by foreign governments to President Trump's businesses violate anti-corruption clauses in the Constitution. With a president who is also a real estate tycoon, reality TV star, and personal brand -- and who actively receives revenue via each of these personae -- the possibilities seem endless for political corruption, particularly in light of the Emoluments Clause of the Constitution, which forbids the receiving of gifts, titles, and emoluments from foreign countries without Congress's consent.
The problem, according to law professor Jed Shugerman, is that witho...
2017-06-1420 min
Political GabfestSlate: The Eat Your Broccoli GabfestSlate's Political Gabfest, featuring Emily Bazelon and special guests Beverly Gage of Yale and Jed Shugerman of Harvard. This week: The Affordable Care Act before the Supreme Court, the political implications if the law is overturned, and a history of judicial elections Learn more about your ad choices. Visit megaphone.fm/adchoices
2012-03-3048 min