75 min listen
Episode 173: Faithful Execution
FromOral Argument
ratings:
Length:
96 minutes
Released:
Jun 29, 2018
Format:
Podcast episode
Description
The Constitution requires the President to "take Care that the Laws be faithfully executed." Phrases like "faithful execution" are hardly unique to the constitutional setting. Rather, they have long been signals of both public and private relationships of trust and confidence, relationships that give rise to "fiduciary duties" in law. Ethan Leib and Jed Shugerman argue that the President has fiduciary duties and that these constrain his or her power to pardon and otherwise to act.
This show’s links:
Ethan Leib’s faculty profile (https://www.fordham.edu/info/23159/ethan_j_leib) and academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=344006)
Jed Shugerman’s faculty profile (https://www.fordham.edu/info/23180/jed_shugerman), academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=625422), and blog (https://shugerblog.com)
Ethan Leib and Jed Shugerman, Fiduciary Constitutionalism and ‘Faithful Execution’: Two Legal Conclusions (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3177968)
Gary Lawson and Guy Seidman, "A Great Power of Attorney:" Understanding the Fiduciary Constitution (https://www.jstor.org/stable/j.ctt1nxqpnj)
Eric Muller, Even More on Self-Pardons (http://www.thefacultylounge.org/2018/06/more-on-self-pardons.html) (containing links to Eric's original post and to a critique by Michael McConnell)
Special Guests: Ethan Leib and Jed Shugerman.
This show’s links:
Ethan Leib’s faculty profile (https://www.fordham.edu/info/23159/ethan_j_leib) and academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=344006)
Jed Shugerman’s faculty profile (https://www.fordham.edu/info/23180/jed_shugerman), academic writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=625422), and blog (https://shugerblog.com)
Ethan Leib and Jed Shugerman, Fiduciary Constitutionalism and ‘Faithful Execution’: Two Legal Conclusions (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3177968)
Gary Lawson and Guy Seidman, "A Great Power of Attorney:" Understanding the Fiduciary Constitution (https://www.jstor.org/stable/j.ctt1nxqpnj)
Eric Muller, Even More on Self-Pardons (http://www.thefacultylounge.org/2018/06/more-on-self-pardons.html) (containing links to Eric's original post and to a critique by Michael McConnell)
Special Guests: Ethan Leib and Jed Shugerman.
Released:
Jun 29, 2018
Format:
Podcast episode
Titles in the series (100)
Episode 59: Folly Bridges: On architectural exclusion, with Sarah Schindler and friends. by Oral Argument