Alan Z. Rozenshtein — Articles

January 6, Ambiguously Inciting Speech, and the Overt-Acts Rules

Constitutional Commentary, Vol. 37: Iss. 3

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely...

The Virtuous Executive

Minnesota Law Review, Vol. 108: Iss. 2

As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy...