Shalev Gad Roisman
Law Professor at University of Arizona
alum of OLC and Waterville Senior High School
- Reposted by Shalev Gad RoismanAhdout on Political Mootness Payvand Ahdout (University of Virginia School of Law) has posted Political Mootness (111 Va. L. Rev. 841 (2025)) on SSRN. Here is the abstract: Congress and the executive have engaged in major clashes over the scope of their powers, particularly involving Congress's…
- Reposted by Shalev Gad RoismanLink to Gillian's article, which is (characteristically) terrific. harvardlawreview.org/forum/vol-13...
- Reposted by Shalev Gad RoismanHuge thanks to @lsolum.bsky.social for ‘highly recommending’ my paper on living constitutionalism now available on SSRN. That’s made my day! The paper is part of a new Research Handbook on Constitutional Interpretation out now with Edward Elgar.
- Reposted by Shalev Gad RoismanAs part of @yalelawjournal.bsky.social’s new online Supreme Court review, my latest focuses on Catholic Charities. I ask about the role of religious motivation in granting exemptions and in limiting state support for religion — and why it matters for one but apparently not for the other.
- Reposted by Shalev Gad RoismanAttn junior admin law scholars--submit your abstracts by 2/27 for the annual new scholarship roundtable--a fantastic venue for getting feedback & making connections in the field--this year at Vanderbilt Law. Details at the link: www.yalejreg.com/nc/call-for-...
- Reposted by Shalev Gad RoismanHappening tomorrow—come join us!
- Reposted by Shalev Gad RoismanFriedman & Mortenson Constitutional Law is currently sold out of literally every outlet because the uptake of adoptions continues at such an astonishing rate. (2x adoptions Spring 2026 vs Spring 2025 😱) 9 out of 10 dentists agree: don't walk, run to adopt this exceptional platform next year 😇
- Reposted by Shalev Gad Roisman[This post could not be retrieved]
- Reposted by Shalev Gad Roisman3/ Gary Lawson and I have made a similar argument in this paper: The Constitution delegates presidential removal rules to Congress. Congress has more latitude to limit presidential removal power & set conditions, so long as the conditions are "necessary and proper": papers.ssrn.com/abstract=573...
- I am happy to see this too. I agree with Rappaport's framing of the issue as one where both branches have power (POTUS to control and Congress to structure offices). This is also how I framed the issue in my "Limits of Formalism" piece below. /1 papers.ssrn.com/sol3/papers....
- More major originalist movement against presidential removal power: Mike Rappaport, prominent originalist unitary theorist, admirably updated his views: Article II does not imply a removal power. He makes a case for presidential policy control instead. blog.dividedargument.com/p/guest-post...
- The hard Q is how to resolve disputes when both branches have power to act and come into conflict. I have proposed interest balancing as one method for resolving disputes where both branches have power. /2 lawreview.uchicago.edu/print-archiv...
- I'd be curious to know what method Rappaport is using to identify the modes of control that can override Congress's relevant power here. In my view, the Q of how to resolve disputes in areas of overlapping power is a genuinely difficult one that I think SOP scholars should spend more time on /end
- Reposted by Shalev Gad RoismanMore major originalist movement against presidential removal power: Mike Rappaport, prominent originalist unitary theorist, admirably updated his views: Article II does not imply a removal power. He makes a case for presidential policy control instead. blog.dividedargument.com/p/guest-post...
- Reposted by Shalev Gad RoismanHere's my latest paper with Jack Goldsmith, "General Law Revivalism and the Problem of 1938." Short version: Erie is incompatible with and precludes many versions of originalism but is now too foundational to eliminate. (Comments appreciated.) papers.ssrn.com/sol3/papers....
- Reposted by Shalev Gad RoismanHosting JILSA in Hawai‘I continues to exceed all expectations. Most beloved scholarly community.
- Reposted by Shalev Gad RoismanWe have posted a new edition of Weiler, Arato, Cho, and Claussen, International Trade Law Through the Cases (2025): jeanmonnetprogram.org/resources/th... The update refreshes things throughout, and adds new units on Security Exceptions, Trade Remedies, and the “America First” trade policy.
- Reposted by Shalev Gad RoismanMy thoughts on the Interim Order in Trump v. Illinois open.substack.com/pub/executiv...
- Reposted by Shalev Gad RoismanThe Cambridge History of Rights by Samuel Moyn and Meredith Terretta A comprehensive and authoritative examination of rights-making in the twentieth and twenty-first centuries. 📚 cup.org/4pQar8Y #humanrights
- Reposted by Shalev Gad RoismanThis one was fun to write: did 2025 put a final stake thru the heart of the process school? Or was it maybe the beginning of a revival? (Take our course this spring for more!) @yalelawschool-yls.bsky.social @samuelmoyn.bsky.social www.nytimes.com/2025/12/24/o...
- Reposted by Shalev Gad Roismanthis @jadler1969.bsky.social post is a great summary of the Frost-Eason paper’s findings reason.com/volokh/2025/...
- Reposted by Shalev Gad Roisman[Not loaded yet]
- I've been puzzling over this thread for the last day. I even posted a thread and deleted it. My initial response was to say that I was genuinely interested to know if Ryan and Sam no longer wanted to abandon constitutionalism.
- That is still my bottomline: I continue to want to know if they have revised their views on this! But I am confused as to what is "intellectually dishonest" about asking if they still stand by a position they took publicly. bsky.app/profile/ryan...
- I explained in detail why I thought their proposal of a post-higher law vision for our government was a dangerous one in the post below from 2022, which, yes, I think aged quite well. I hope readers will check it out for themselves. balkin.blogspot.com/2022/09/bett...
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View full threadI'd still very much welcome the authors thoughts on this front and am certainly open to being shown where I've missed something! (And here is the thread (or one of them) that I think spurred Ryan's thread above. FWIW I thought it led to quite an interesting exchange) bsky.app/profile/shal...
- Reposted by Shalev Gad RoismanPlz join us for one or both of these interesting webinars--the first one is taking place already next week! For deets, see ads below. @narosenblum.bsky.social @nicholashandler.bsky.social @nicholasbednar.bsky.social @blakeprof.bsky.social @jedshug.bsky.social
- Reposted by Shalev Gad Roisman[This post could not be retrieved]
- Sam, interesting piece, but I am trying to reconcile it with your and Ryan's earlier work. The piece tries to distinguish its claim from "nihilism" about law. But you & Ryan have argued for abandoning Constitutions entirely-not just judicial supremacy regarding constitutional interpretation. /1
- On con law exam day, here is my answer (to a different prompt) A collab with @ryandoerfler.bsky.social based on our draft piece www.theguardian.com/commentisfre...
- Do you still believe that abandoning constitutionalism would be a good idea? /2 www.nytimes.com/2022/08/19/o...
- With no higher law limits, this would mean the Trump admin could do anything it wanted--meaning CECOT deportations ongoing, no protection of speech, no POTUS term limits, blatant religious discrimination, end of civil service, no limits on funding cutoffs, no crim procedure protections & more.
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View full threadBut I am genuinely interested to know! Do you still think we should abandon higher law and leave everything to a popularly elected majority? /end
- Presidential Factfinding
- 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.... - Reposted by Shalev Gad RoismanAndrew 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
- Reposted by Shalev Gad RoismanHigh 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 RoismanAhmed 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…
- Highly Recommended!
- Timely and important piece on "The Appellate Void" by my colleague, Andy Coan, now up on SSRN. papers.ssrn.com/sol3/papers....
- Abstract here:
- Reposted by Shalev Gad RoismanCall 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.
- 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....
- Reposted by Shalev Gad RoismanAt 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...
- Reposted by Shalev Gad RoismanMy 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!
- Very generous and thoughtful piece applying the framework we put forward in linked piece below. Thank you, Rodger! michiganlawreview.org/journal/pict...
- Thanks to Rodger Citron for this enlightening discussion of how he and his colleagues wrote their new “Learning Administrative Law” book drawing on @shalevroisman.bsky.social and mine piece “Pictures of A Revolution” verdict.justia.com/2025/09/08/h...
- Reposted by Shalev Gad RoismanHi 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/
- Reposted by Shalev Gad RoismanThis 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....
- Reposted by Shalev Gad RoismanReading 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
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View full threadReposted by Shalev Gad Roisman
- Reposted by Shalev Gad RoismanInterested in interbranch litigation? Check out these two articles: papers.ssrn.com/sol3/papers....
- Reposted by Shalev Gad RoismanI'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...
- This is a perfect example of the federal courts/Trump nominees justifying noncompliance through "legalistic noncompliance," using legal language as cover to claim compliance when it's actually defiance, - a phenomena Dan Deacon and I write about in this paper: papers.ssrn.com/sol3/papers....
- Reposted by Shalev Gad RoismanVery 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....
- Reposted by Shalev Gad RoismanLoper 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...
- Reposted by Shalev Gad RoismanExcellent 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.
- In my view, this will put the President on stronger footing in front of the Ct, as they will be wary of scrutinizing such a factual claim. BUT the statute provides for removal only "for cause," stated objectively. It does not provide for removal whenever the President "finds" there is cause...
- This distinction in how the removal restriction is phrased ought to matter and should subject any such factual claim to objective judicial scrutiny. For more on the distinction between subjective and objective conditions in presidential power, see below ir.lawnet.fordham.edu/flr/vol91/is...
- Statutory text is here: www.federalreserve.gov/aboutthefed/...
- Reposted by Shalev Gad Roisman[Not loaded yet]
- Reposted by Shalev Gad RoismanOLC 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...
