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Daily Archives: February 1, 2021

Codifying Constitutional Norms

Gould, Jonathan, Codifying Constitutional Norms (January 19, 2021). Georgetown Law Journal, Forthcoming, Available at SSRN: or

“Ours is an era of fraying constitutional norms. Norms that long governed the conduct of elected officials have been violated by the White House, in Congress, and in the states. In the face of threats to constitutional norms, some have proposed codifying constitutional norms—that is, enacting their content into law. This Article examines the dynamics around codifying constitutional norms. It begins by showing that codification efforts face both practical and legal barriers. Practically, it can be hard to define the precise contours of a constitutional norm and hard to codify a norm in a polarized political environment. Legally, constitutional law precludes Congress from codifying many of the most important constitutional norms. The Article then shows that codifying constitutional norms can have significant potential benefits, but that codification is not without costs. Codification can make it possible to enforce norms in court, holding the promise of greater compliance, but codifying some norms risks crowding out or undermining others. Codification can provide settlement in the form of clarity and stability, but with that settlement comes the risk of ossification and the loss of flexibility. Codification also involves courts in determining the meaning of constitutional norms, a prospect that can aid in enforcement but also holds the risk of courts distorting codified norms. Finally, the Article contends that understanding the benefits and costs of codification provides insight into when and how codification is appropriate. The desirability of codification will depend on the institution doing the codifying and the legal vehicle being used for codification. Codification will be more appropriate for rule-like norms than for standard-like norms. Codification through soft law or rules internal to a branch of government may sometimes be superior to codification via a judicially enforceable statute. And norms can be protected indirectly, rather than through directly codifying their content. Even when codifying norms is possible and advisable, however, codification cannot serve as a substitute for better politics.”

A quick way to learn more about your search results

Google Blog: “When you search for information on Google, you probably often come across results from sources that you’re familiar with: major retailer websites, national news sites and more. But there’s also a ton of great information on and services available from sites that you may not have come across before. And while you can… Continue Reading

New study: Social media’s alleged anti-conservative bias is ‘disinformation’

Fast Company: “Many Republicans routinely complain that the big social networks systematically suppress right-wing viewpoints, but they’ve produced little real evidence of it. A new study from New York University finds that there is no evidence of it, and in fact finds the opposite—that social media has spread right-wing viewpoints to wider audiences than ever… Continue Reading

Trump Pollster’s Post Election Exit Poll Analysis 10 Key Target States

Politico: “Former President Donald Trump has blamed the election results on unfounded claims of fraud and malfeasance. But at the top levels of his campaign, a detailed autopsy report that circulated among his political aides paints a far different — and more critical — portrait of what led to his defeat. The post-mortem, a copy… Continue Reading

Online Research Browsers and Data Visualization Tools 2021

Via LLRX – Online Research Browsers and Data Visualization Tools 2021 – This guide by Marcus P. Zillman focuses on free and feed based research browsers and data visualization tools for research and analysis. These resources can be used to support legal research, legal marketing, business and competitive intelligence research, knowledge management and knowledge discovery, and… Continue Reading

Resolutions to Censure the President: Procedure and History

CRS Report – Resolutions to Censure the President: Procedure and History Updated, February 1, 2021: “Censure is a reprimand adopted by one or both chambers of Congress against a Member of Congress, President, federal judge, or other government official. While Member censure is a disciplinary measure that is sanctioned by the Constitution (Article 1, Section… Continue Reading

Pete Recommends – Weekly highlights on cyber security issues, January 31, 2021

Via LLRX – Pete Recommends – Weekly highlights on cyber security issues, January 31, 2021 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly… Continue Reading

Resources for Tracking Federal COVID-19 Spending

CRS Report – Resources for Tracking Federal COVID-19 Spending, Updated February 1, 2021: “Congress has responded to the Coronavirus Disease 2019 (COVID-19) pandemic with supplemental appropriations measures providing relief and assistance to individuals and families, state and local governments, businesses, health care providers, and other entities. For more information, see CRS Report R46474, Laws Enacted… Continue Reading

How Disinformation Campaigns Exploit the Poor Data Privacy Regime to Erode Democracy

Unger, Wayne, How Disinformation Campaigns Exploit the Poor Data Privacy Regime to Erode Democracy (December 14, 2020). Available at SSRN: “The U.S. is under attack. It is an information war, and disinformation is the weapon. Foreign and domestic actors have launched information operations and coordinated campaigns against western democracies using dis/misinformation. While the U.S.… Continue Reading

Economy and COVID-19 Top the Public’s Policy Agenda for 2021

“As the United States faces twin crises of high unemployment and a global pandemic, large majorities of Americans want Joe Biden and Congress to prioritize strengthening the economy and addressing the coronavirus outbreak in the coming year. Yet there are wide partisan gaps over most of the 19 items asked about in a new Pew… Continue Reading