Charlie Capps
121 posts
Charlie Capps
@charlesfcapps
associate prof of law @ASUCollegeOfLaw; teach & write on jurisprudence, crim law & con law; dad x4
Phoenix, AZ Katılım Nisan 2024
173 Takip Edilen374 Takipçiler
Today, I had the pleasure of presenting my article “Shortcutting Constitutional Adjudication” at the Second Annual Legal & Constitutional Theory Conference at the Georgetown Constitutional Center.
It has been amazing to engage and discuss my work with such leading scholars.
Stephanie Hall Barclay@shbarclay
Delighted to host our second annual Legal Philosophy & Constitutional Theory Junior Scholars Conference at Georgetown's Center for the Constitution. Papers were competitively selected through blind peer review. Today's lineup: "Legal Meaning is Lawful Meaning" (Elias Neibart), "Shortcutting Constitutional Adjudication" (Andre Borges Uliano), "What Interpretation Just Is and Why It Matters" (Charles Capps), "The Live Hand of the Past" (Clemente Recabarren), and "Law, Fact, Form and Function" (Haley Proctor). Tomorrow's lineup: "The People in Their Intertemporal Dimension" (Ylenia Guerra), "Against Epistemic Deference and Epistemic Reasonableness" (Santiago Carbajal), and "Government by Jury" (Nathaniel Donahue). Deeply grateful to our senior scholars — Kevin Tobia, Brian Bix, Aileen Kavanagh, Joseph Blocher, Nicholas Barber, Conor Casey, and Renée Lettow Lerner — for their generous and expert commentary. Excited to see where these conversations go. @EliasNeibart @uliano_andre @charlesfcapps @AileenFKavanagh @TCDLawSchool @Caseyco231 @LawAtSurrey @BrianBixLawPhil
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Charlie Capps retweetledi
Solum on Constitutonal Theory, legaltheoryblog.com/2026/03/16/sol… - Lawrence B. Solum (University of Virginia School of Law) has posted For Constitutional Theory (California Law Review (forthcoming 2026)) on SSRN.
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Charlie Capps retweetledi
Thanks @lsolum for the “highly recommended” thumbs up on this update!
legaltheoryblog.com/2026/03/13/sch…
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Charlie Capps retweetledi
Oh wow! I thought it was because I had written something controversial. But actually, this was from 2019 to 2021, when I was only somewhat controversial. 😂
Kristin Hickman@khickmanjd
Congratulations to my @UMNews Law colleagues Amna Akbar and @ilan_wurman for making this list!
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@RickGarnett @lsolum This is an excellent paper. It captures very well something I've thought for a long time but couldn't quite articulate.
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Congrats to Gabby on (a) this excellent paper and (b) the Solum Shout-out
Lawrence Solum@lsolum
Girgis on the Establishment Clause After Kennedy, legaltheoryblog.com/2026/02/23/gir… - Gabrielle Girgis (University of Notre Dame) has posted The Establishment Clause After Kennedy: Principles and Applications on SSRN.
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Charlie Capps retweetledi
I highly recommend this timely and thoughtful new article about the Establishment Clause after Kennedy by my friend, Gabrielle Girgis. Available on @SSRN here: papers.ssrn.com/sol3/papers.cf…
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Charlie Capps retweetledi
Federal agencies generally don’t consider constitutional challenges to statutory provisions in rulemakings and adjudications. In a new paper (on SSRN and forthcoming in @UChiLRev), I explain why agencies can—and should—consider those challenges. Link below, and comments welcome!
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. . . and the next volume @NotreDameLRev just keeps getting better. I wouldn't be surprised if this issue reaches the Supreme Court after more percolation in the courts of appeals. If/when it does, I hope and expect to see this article cited!
Lael Weinberger@LaelWeinberger
Delighted that my paper with @BrantonNestor, "Church Autonomy and Interlocutory Appeals," is now forthcoming in @NotreDameLRev.
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@BenDinovelli @VandLRev Looks very interesting. I have added it to my reading queue.
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Charlie Capps retweetledi
Happy to share that my paper, The Federal Reserve Exception, is forthcoming in @VandLRev!
I question the strength of the Supreme Court's analogy of the Federal Reserve to the First & Second Banks, especially when it is compared to the ICC and 20th century regulatory agencies.
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I am honored beyond belief to win this award. Holden’s bright light was extinguished too soon. He was an already-prolific scholar who was taken from us at a tragically young age—just a year out of law school when he passed. He left behind a beautiful family.
We continue his work by thinking and writing about our great Constitution, which he so revered. Thank you to @YaleFedSoc for keeping Holden’s memory alive.
Yale Federalist Society@YaleFedSoc
Each year, Yale FedSoc honors a leading young scholar with the Holden Tanner ‘21 Memorial Award. In 2025, the winner was @EliNachmany for his groundbreaking paper, “The Original FTC”—scholarship to watch as the Supreme Court reconsiders FTC independence this term! Check it out: law.ua.edu/wp-content/upl…
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Charlie Capps retweetledi
"From a Realist Point of View" publishes officially on March 10 leiterreports.com/2026/02/19/fro…
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Charlie Capps retweetledi
I'm delighted to share that this article will be published in the @YaleLJournal.
As promised, I've posted the draft on @SSRN (link below).
Emily S. Bremer@emilysbremer
Coming soon to SSRN, Vacatur Within the Appellate Model of Judicial Review, an article that started as a small intervention into the vacatur debate but grew into the judicial review installment of my multi-year project on the Administrative Procedure Act.
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Michael McConnell weighs in on the Gorsuch-Barrett dispute over the MQD @DividedArgument: blog.dividedargument.com/p/guest-post-m….
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Big debate over the MQD in today’s IEEPA opinions. I’ll need to update my article to address it. Hot take: Justice Barrett is right; Justice Gorsuch is wrong.
Charlie Capps@charlesfcapps
I'm pleased to share that my article "Are There Any Substantive Canons of Interpretation?" is now forthcoming in the @PennLRev. You can download it here: papers.ssrn.com/sol3/papers.cf…. Thanks to all who have helped me improve it with their comments!
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Fantastic opportunity to buy low on a processor that is going to make waves in law reviews for decades to come. I'm already highly Capps-italized. I encourage everyone else to read before the anslysis just becomes common knowledge!
Charlie Capps@charlesfcapps
I'm excited to share that "What Interpretation Just Is and Why It Matters" will appear in @NotreDameLRev. Link: papers.ssrn.com/sol3/papers.cf…. I'm grateful for the many comments and criticisms that have helped me sharpen the argument. More are always welcome!
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Charlie Capps retweetledi
@BenMcJunkin @BrennerFissell @charlesfcapps @ASUCollegeOfLaw @NwULRev Adding a cite to this great piece in the next edition of our casebook's causation chapter right now!
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