Jed H. Shugerman
Prof Boston U. Law. JD/PhD History & dad jokes.
5th most-cited legal historian, 2019-23
Book: The People’s Courts. Next: A Faithful President: The Founders v. the Originalists
http://shugerblog.com
ssrn.com/author=625422
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- Ian McKellen performs “The Strangers’ Case” speech from “Sir Thomas More” on Colbert.
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- 1/x @jedshug.bsky.social and I have put up an updated version of our paper, "Quasi-Judicial: A History and Tradition," up on SSRN. This paper shows that the quasi-judicial function from Humphrey's Executor is simpatico w/ both originalism and a history-and-tradition approach.
- 2/x The paper pivots off the literature. The Founding was underdetermined on removal and executive control of administration. W/ that in mind, a history-and-tradition analysis would vindicate the quasi-judicial function. This paper is one of the first to flesh out H&T in structural con law.
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- I’m like half of these… but this is the one: NO MEANING.
- Presented without comment.
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- The Founders endorsed the unitary executive theory because… [checks notes] … it was History and Tradition for Kings to Sue Themselves and then Order a Settlement* with Themselves for $5 billion. *Citing the Settlement Act of 1701.
- President Trump has filed a lawsuit against the IRS, in which he demands that the IRS, which he as president controls, pay him $10 billion. storage.courtlistener.com/recap/gov.us...
- Just wait til you research the early modern history of cryptocurrencies
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- Attn 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-...
- Wonderful to listen to @johnfabianwitt.bsky.social discuss his book THE RADICAL FUND. Thanks to @jedshug.bsky.social for organizing! @bulaw.bsky.social @yalelawschool-yls.bsky.social
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- The Fed case Cook v Trump will be argued at 10 am. I’ll be following. One starting point for lawyers is the excellent Cook reply/supplemental brief, which chiefly relies on @janemanners.bsky.social @levmenand.bsky.social (and also cites some of my work) www.supremecourt.gov/DocketPDF/25...
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- The “Don’t Mess With My 401(k) Exception to Unlimited Presidential Authority.”
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- There should be a rule that if you are a Known Sports Poster you can say things like “holy fucking shit” with zero context but if you are primarily a Known Politics Poster that gets you like a two day ban
- Jaylen Brown named a starter in this year’s NBA All-Starter Game. Brown has also played his way into being a top-5 MVP candidate on NBA dot com’s MVP ladder.
- 2026 East NBA All-Star starters: Jalen Brunson Giannis Antetokounmpo Tyrese Maxey Cade Cunningham Jaylen Brown
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- If you follow this area, this is kind of a big deal. In spite of SCOTUS' ahistorical rulings, the President might not be a King (even though founding-era Kings were bound by limits, too...).
- 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...
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