Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
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Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
"Unitary Executive Theory and Its Critics" - Professor Peter Shane
University of Miami School of Law: Explainer
56 minutes 9 seconds
1 week ago
"Unitary Executive Theory and Its Critics" - Professor Peter Shane
Episode 2 of the University of Miami School of Law's Constitutional Crisis Seminar features Peter Shane, the Jacob E. Davis and Jacob E. Davis II Chair at Moritz College of Law at Ohio State University. He joins us to discuss the legal theory at the heart of legal claims for expanded Presidential power, the Unitary Executive theory. After setting out the basis for the view that the Constitution gives the President such sweeping control of government as to prevent most Congressional attempts to structure and control it, Professor Shane offers his critique on both originalist and textualist grounds.
Peter Shane is a towering figure in US constitutional and administrative law. He’s served in the Executive Branch, at the Administrative Conference of the US, been a law school Dean, visited at many law schools, and recently finished a term on the Board of Directors of the American Constitution Society. He is the author of a book on separation of powers, Madison’s Nightmare: Executive Power and the Threat to American Democracy – published in 2009, making it truly timely and indeed prescient. In this lecture he lays out the roots of the Unitary Executive theory, notably a reading of Art. II, Sec 1 of the Constitution, and the Supreme Court’s 1926 Myers decision by Chief Justice and former President William Howard Taft. Professor Shane then explains why he believes the Unitary Executive theory is fundamentally mistaken based on both history and text of the Constitution. The Framers did not want government by committee, so they wanted a single and effective executive, but they clearly intended, Shane argues, for Congress to have powers to structure and in some ways limit the executive branch—a view supported by early practice and by considering the import of language beyond the start of Art. II and also parts of Art. I, which empowers Congress.
University of Miami School of Law: Explainer
Episode 8 of the University of Miami School of Law's Constitutional Crisis Seminar features Professor Zachary Price, one the leading U.S. authorities on the subject of impoundments and other fiscal control strategies.
Zachary Price holds the Eucalyptus Foundation Endowed Chair at UC Law in San Francisco. His work ranges from constitutional law and administrative law to criminal and civil law enforcement. His recent scholarly work focuses on constitutional questions generated by current political polarization. Professor Price’s book "Constitutional Symmetry: Judging in a Divided Republic" was published in 2024.
His scholarly articles have been published in the Stanford Law Review Online, the Georgetown Law Journal Online, the Georgia Law Review, the Texas Law Review, twice in the Vanderbilt Law Review, and in the New York University Law Review Online.
Professor Price has contributed to the Wall Street Journal, Washington Post, Scotusblog, Notice and Comment, Administrative and Regulatory News, Law and Liberty, Balkinization, the Supreme Court of California Blog, the State and Local Government Blog, and the Take Care Blog.
In fall 2023, Professor Price was the Bruce Bromley Visiting Professor of Law at Harvard Law School. He has also held a fellowship at the Stanford Constitutional Law Center. Before entering teaching Prof. Price served for three years as an attorney in the U.S. Justice Department’s Office of Legal Counsel.
He has also worked as a litigator in private practice and clerked for Judge Catherine C. Blake of the U.S. District Court for the District of Maryland, Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit, and Justice Anthony M. Kennedy of the U.S. Supreme Court.
Professor Price graduated from Harvard Law School magna cum laude and from Stanford University with honors and distinction. Between college and law school, he studied philosophy as a Fulbright Scholar at the University of Copenhagen and worked for a Member of Congress.
