๐ Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions.
In "Administrative Self-Constitutionalism", @BrianLipshutz explains why agencies can, and should, address constitutional challenges to statutory provisions.
๐ Read more: https://t.co/4ivM24pXxQ
โ๏ธ In "General Law Revivalism and the Problem of 1938", @curtisabradley and @jacklgoldsmith argue that efforts in recent legal scholarship to revive the "general law" fail to contend with either general lawโs historic dysfunctions or its incompatibility with the post-Erie Railroad v. Tompkinsย (1938) legal order.
๐ Read more: https://t.co/eabkvMHmjC