No.86 Course Catalog
Administrative Law
7 Podcasts
57 Videos
- The Legitimacy of Agency Adjudication:The Most Complicated Question in Constitutional Law
- The Facts of the Chevron Case
- Agencies, Courts, and Public Accountability
- A Judge or Not a Judge? The Agency Adjudication Question
- Are ALJ Decisions the Last Word on Agency Policy?
- Constitutional Concerns About Chevron
- Why Is the Chevron Doctrine Still Controversial?
- Chevron: A Gift or A Burden for Lower Courts?
- Agency Adjudication: What Power Is Invested in These Courts?
- Non-Delegation Doctrine and the New Deal
- Mayo Foundation v. United States
- Court Deference to Agencies
- The Judicial Consequences of Chevron
- Courts and the Chevron Doctrine
- What Is an Administrative Law Judge (ALJ)?
- Origins of the Chevron Deference Doctrine
- When and Why Would Courts Defer to Other Entities?
- Is the Question of Deference Only an Administrative Law Issue?
- Who Can Properly Be Called a Judge?
- John Marshall Defines Non-Delegation Doctrine
- King v. Burwell: Limits on the Scope of the Major Questions Doctrine
- When Is Administrative Adjudication Appropriate?
- Are Administrative Agencies a Part of Constitutional Government?
- What Is Administrative Law?
- Growth of the Administrative State and the Administrative Procedure Act Compromise
- Are Agencies Explicitly Contemplated by the Constitution?
- A Brief History of Administrative Law
- Cooperative Federalism and the Growth of the Administrative State
- Why Does Congress Create Administrative Agencies?
- What Is the Proper Relationship of Congress to Agencies?
- Why is Tax Law Important?
- Do Administrative Agencies Usurp Legislative Power?
- Are Congress and the Courts Especially Deferential to Treasury and the IRS?
- How Does Congress Oversee Administrative Agencies?
Common Law
4 Podcasts
32 Videos
- What Is a Contract?
- Why Are There Set Terms in Contracts?
- When Are Promises Legally Enforceable? Contracts as Formal Promises
- What Are Limits on Freedom of Contract? Conspiracy, Force, Cartels, and Rate Regulation
- Dealing with Third Party Interests in Contracts: Assignment & Third-Party Beneficiaries
- What is a contract? The elements of a contract [No. 86]
Constitutional Law
39 Podcasts
112 Videos
- What Is “The Lemon Test”? Lemon v. Kurtzman
- New York Times Co. v. Sullivan: A Landmark Case for Free Speech
- The Slaughterhouse Cases and the Death of the Privileges or Immunities Clause
- “Privileges or Immunities” v. “Substantive Due Process”
- What Role Does the Bill of Rights Play?
- Electoral Chaos & the Twelfth Amendment
- The Incorporated Bill of Rights and Federalism
- Can Amendments Alter the Structure of the Constitution?
- The Rational Basis Test
- The Implicit Power of Judicial Review
- How Do We Define the Judicial Power?
- Are Administrative Law Judges Constitutional?
- Are Judges the Final Interpreters of the Constitution?
- Can the Supreme Court Change the Constitution Using Judicial Review?
- Conflict of Laws and Judicial Review
- Constitutional Law Stories: Heroes and Villains
- The Evolution of Judicial Accountability
- Administrative Law Judges and the Supreme Court’s Opinion in Lucia v SEC
- What Is the Federal Judicial Power?
- The Role of the Supreme Court: What Happened?
- Can Courts Change the Constitution at Will?
- Marbury v. Madison: Judicial Review and Judicial Supremacy
- How Did the Framers View Judicial Power?
- What Is Civil Forfeiture and Why Has It Become Controversial?
- The Founders and the Problem of an Independent Judiciary
- Wickard v. Filburn: The Aggregation Principle & Congressional Power
- How Is Enumeration Central to Article I of the Constitution?
- Executive Power and Congress
- The Power of the Senate in the Bicameral Legislature
- The Difficulties of Federal Legislation and How It Protects the Will of the People
- Separation of Powers: The Legislative Branch
- Does Congress Guard the Constitutional Power of Legislation?
- Does the Commerce Clause Apply Only to Commerce?
- Was the Bicameral Legislature an American Invention?
- How Did the Founders Develop and Divide the Powers of the Legislature?
- What Is Necessary and Proper for Congressional Power?
- Why Did the Framers Make it Hard for Congress to Make Laws?
- What Power Does Congress Have to Regulate Commerce?
- What Is the Purpose of the Contracts Clause in Article I?
- Congressional Transparency in the Budget Process
- How Federal Legislative Power Differs from State Legislative Power
- How Did the Framers Define Legislative Power?
- The Declaration & Constitution: The Legal Status of Founding Documents
- How Do You Create a Constitution for a Free Society?
- How the Founders Perfected the British System
- A Democratic Version of Britain’s Mixed Regime
- America's First Principles: The Declaration of Independence & Governing a Free Society
- The Declaration of Independence: A Promissory Note for Liberty
- The Declaration & Constitution: The Framing of a Nation
- A Fire Bell in the Night: The Alarm Sounds for the Constitution
- A Union, If You Can Keep It
- The Founders and the Question of Representative Government
- A History of the Constitution Framing Period
- Diverse Views at the Founding
- Was Federalism Designed to Protect Slavery?
- What Experiences Shaped the Founders’ Perception of Executive Power?
- The 1787 Paradox: A Constitution Designed for Liberty That Protects Slavery
- The Declaration & Constitution: Original Public Meaning
- Self-Evident Truths and Individual Struggles
- The Vision of the Founders and a New Birth of Freedom
- The Goal of Liberty and the Reality of Slavery
- The Executive of the Founders and the Modern President
- How Did the Framers Design Executive Power?
- The Evolution of the Modern Presidency
- What Is the Constitutional Power of Presidential Appointments?
- How Did the Framers Define Executive Power?
- Executive Removal: Power Part II: The Problem of Independent Agencies
- Can a President Choose to Not Enforce the Law?
- The Founders and the Importance of Executive Power
- Humphrey's Executor & Executive Appointments
- What Is the Defense Production Act?
- The Novelty of Article Two
- Debates Over the Appointments Clause in Article II
- What Are the Powers of the President?
- Who Is an Officer of the United States?
- The Appointments Clause and Democratic Accountability
- Executive Removal Power Part I: The Decision of 1789
- How Powerful Is the Executive Branch?
- Congressional Usurpation of Executive Power
- What Are Executive Orders?
- Does the National Emergencies Act Increase Presidential Power?
- Is there a Non-Partisan Standard for Evaluating Presidential Power?
- Federalism: The Key Innovation of the US Constitution
- Determining “Who Decides”: Economics and Policy in Federalism Cases
- How Did We Get to the Meaning of the Commerce Clause We Have Today?
- Understanding Federalism in the Context of the U.S. Constitution
- Unexpected Benefits from Federalism
- Can Federal Courts Dictate State Law?
- 51 Imperfect Solutions
- Federalism: We All Have Roles to Play
- Enumerated Powers, the Necessary and Proper Clause, and Prigg v. PA
- Federalism as Another Separation of Powers
- McCulloch v. Maryland: The Debate About Enumerated Federal Powers
- How Does the Difficulty of Legislating Protect Federalism?
- How Does Federalism Result in More Competent and Competitive Governance?
- Does the Stafford Act Apply During Pandemics?
- Federalism as Another Separation of Powers
- Balancing the Powers of the State v. the Federal Government
- The Necessary and Proper Clause as a Guard for Federalism
- 51 Imperfect Solutions: The Role of State Courts in Guaranteeing Liberty
- Who Decides? That Is the Question…
- Laboratories of Experimentation
- New Federalism: Not Your Father's Federalism
- Key Cases on the Commerce Clause
- Is NFIB v. Sebelius a Commerce Clause case?
- The Demand for Federalism
- Does the Federal Government Use of Financial Power Over States Amount to Coercion?
- What Can the Federal Government Do Better than the States?
- The Incorporated Bill of Rights and Federalism
- The Structure of the Constitution and Questions of Comparative Law
- How Does the Constitution Protect Individual Rights?
- Why Does Constitutional Structure Matter?
- Constitutional Battles
- The Law of Democracy
- Why Should We Be Bound by the Constitution?
- How Did the Founders Decide on the Separation of Powers?
- Slavery, States Rights, and the Constitution
- The Structural Constitution as a Protection for Liberty
- The Common Law Part II: What Role Did Common Law Play in the New American Government?
- What Kind of Document is the Constitution?
- Why a Written Constitution?
- What is the Purpose of Article IV?
- How Do Constitutional Property Rights Enable Economic Growth?
- How Does the Constitution Adapt to New Concepts of Liberty?
- How Does the Structure of the Constitution Uphold the Rule of Law? [No. 86]
- Understanding the Constitution: What Kind of Document Is It?
- Creating a New System of Checks and Balances
- Where Did the Founding Fathers Get Ideas About the Structure of the Constitution?
- The Era of State Constitution Writing
- The Importance of Structure v. Parchment Barriers
- The Importance of the Preamble - “We the People” Are Sovereign
- How Do the Legislative and Executive Powers Balance Each Other?
- Due Process of Law
- The Common Law Part I: What Is Common Law and What Role Did it Play in England?
- What Is Popular Sovereignty?
- Why Do We Need a Structural Constitution?
- How Does the Constitution Uphold the Rule of Law?
- Separation of Powers and Specialization
- Government Intervention in the Economy During a Financial Crisis
- Text, Structure, and History in Constitutional Law Casebooks
Contracts
19 Videos
Corporate Law
19 Videos
Founders Lecture Series
7 Podcasts
12 Videos
- The Declaration & Constitution: The Legal Status of Founding Documents
- How Do You Create a Constitution for a Free Society?
- How the Founders Perfected the British System
- A Democratic Version of Britain’s Mixed Regime
- America's First Principles: The Declaration of Independence & Governing a Free Society
- The Declaration of Independence: A Promissory Note for Liberty
- The Declaration & Constitution: The Framing of a Nation
- A Fire Bell in the Night: The Alarm Sounds for the Constitution
- A Union, If You Can Keep It
- The Founders and the Question of Representative Government
- A History of the Constitution Framing Period
- Diverse Views at the Founding
- Was Federalism Designed to Protect Slavery?
- What Experiences Shaped the Founders’ Perception of Executive Power?
- The 1787 Paradox: A Constitution Designed for Liberty That Protects Slavery
- The Declaration & Constitution: Original Public Meaning
- Self-Evident Truths and Individual Struggles
- The Vision of the Founders and a New Birth of Freedom
- The Goal of Liberty and the Reality of Slavery
History of Law
3 Videos
Jurisprudence
7 Podcasts
22 Videos
Originalism
12 Podcasts
50 Videos
- Evidence for the Original Public Meaning of “Officer”
- How Far Does the Original Meaning Determine the Legal Meaning of the Text?
- Contenders in the Debate Over the Construction Zone
- Who Is an Officer of the United States?
- Should We Focus on Individual Words or Overall Context in the Constitution?
- How Do Originalists Interpret the Law?
- Understanding Public Meaning Originalism
- What Is the Difference Between Interpretation and Construction?
- What Is Good Faith Originalist Construction?
- Why Does Separation of Powers Require a Constitution with a Fixed Meaning?
- Originalism and Uncovering Meaning
- The 14th Amendment Interpreted Against Its Original Meaning
- What Is the Original Public Meaning of “Officer of the United States”?
- Original Public Meaning Originalism and Constitutional Construction
- What About Rights Didn't the Founders Recognize?
- Does Originalism Mean There's One Right Answer?
- What Is Strict Construction?
- Can the Constitution Respond to Changing Social Norms?
- How Determinate Is the Constitutional Text?
- Understanding the Constitution as Amended
- Originalism and the Natural Law Tradition
- How Originalism Has Developed over a Generation
- Where Does the Constitution Get Its Authority?
- Originalism as a Reaction to the Administrative State
- Why Be an Originalist?
- Conceptual v. Normative Defenses of Originalism
- Can the Constitution Adapt to Future Circumstances?
- What Do All Originalists Have in Common?
- The Question of the Good Constitution
- Two Ways to Understand Originalism
- The Shift From and Back to the Constitution
- Originalism 101
- Originalism in Practice
- The Earth Belongs to the Living: Jefferson & Madison’s Debate
- Intellectual Roots of the American Founding
- What Kind of Theory Is Originalism?
- How Is Originalism Defined?
- How Long Has Originalism Been Around?
- Is Originalism Just a Means for Conservative Ends?
- Is Originalism Internal or External to the Constitution?
- What Is the Difference Between Originalism and Living Constitutionalism?
- Fidelity to the Constitution in the First 150 Years
- Does the Implied Power of Judicial Review Lead to “Living Constitutionalism”?
- Is Natural Law Judicially Enforceable? Calder v. Bull
- Is Originalism a Useful Tool for the Judiciary?
- Should Courts Defer to Political Branches?
- Are Judges Competent to Determine Original Meaning?
- Originalism: A Theory of Political Legitimacy
- Buckley v. Valeo: A Turning Point in Supreme Court Jurisprudence
Property Law
9 Podcasts
15 Videos
- How Is Property Related to Torts?
- Does Property Class Always Start with a Fox Hunt?
- Pierson v. Post: The Backstory
- Property Law: Setting the Foundation for a Legal Education
- Private Property and Public Takings
- Is Intellectual Property Actually Property?
- Ways to Think About Property
- Principles of Property - Why Do They Matter?
- Common Law Principles Part I: Property and Contracts
- Labor and Possession
- Is Intellectual Property Governed by the Same Rules as Tangible Property?
- Limits on Property Rights: Reciprocity and Externalities
- Why Do We Need Personal Property Rights?
- Pierson v. Post: The Capture Rule
- Where Does Ownership Come From?
- How Is Property Acquired?
- Ownership and Property Rights
- Property Law - Why We Need It and How We Learn It
- Property Class and Learning to Think Like a Lawyer
- Obsolete Property Practices
- What is Intellectual Property?
Roman Law
17 Podcasts
27 Videos
Torts
6 Videos
In Review
0 Videos