Peter M. Shane

Q: What Schools Are Affiliated With Peter M. Shane

Peter M. Shane is affiliated with the following schools: Ohio State University, Carnegie Mellon University, University of Pittsburgh, Harvard University

Peter M. Shane's AcademicInfluence.com Rankings

Peter M. Shane

Law

#1428

World Rank

#1800

Historical Rank

#729

USA Rank

International Law

#1581

World Rank

#1879

Historical Rank

#716

USA Rank

law Degrees

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Why Is Peter M. Shane Influential?

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According to Wikipedia, Peter Milo Shane is a law professor and writer. His best-known scholarly work focuses mainly on two subjects. The first is separation of powers law, especially law and the presidency. His work often explores what he calls an institutional conception of the rule of law in a separation of powers regime. See, e.g., Peter M, Shane, When Inter-branch Norms Break Down: Of Arms-for-Hostages, 'Orderly Shutdowns,' Presidential Impeachments, and Judicial 'Coups,' 12 Cornell Journal of Law and Public Policy 503 . Under Shane's antiformalist conception, the rule of law is sustained not only by formal legal rules, but perhaps most importantly, by informal norms and conventional behaviors designed to maintain interbranch accountability even when public officials could ignore formal rules with impunity. Peter M. Shane, Madison's Nightmare: How Executive Power Threatens American Democracy 116 . Checks and balances in such a system likewise "depend on an assemblage of norms, cooperative arrangements, and informal coordination activities." Id. Following political scientist Kenneth Shepsle, Shane thus calls the rule of law "an unstructured institution." Id. at 117.

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Peter M. Shane's Published Works

Number of citations in a given year to any of this author's works

Total number of citations to an author for the works they published in a given year. This highlights publication of the most important work(s) by the author

Published Works

Democracy Online: The Prospects for Political Renewal Through the Internet (2004) (165)
Madison's Nightmare: How Executive Power Threatens American Democracy (2009) (38)
Connecting Democracy: Online Consultation and the Flow of Political Communication (2011) (22)
Behind the Mask of Method: Political Orientation and Constitutional Interpretive Preferences (2008) (22)
Do a Law’s Policy Implications Affect Beliefs About Its Constitutionality? An Experimental Test (2008) (21)
Administrative Law: The American Public Law System: Cases and Materials (2009) (14)
Turning Gold into Epg: Lessons from Low-Tech Democratic Experimentalism for Electronic Rulemaking and Other Ventures in Cyberdemocracy (2005) (14)
Separation of Powers Law: Cases and Materials (1996) (10)
Cybersecurity Policy as if "Ordinary Citizens" Mattered: The Case for Public Participation in Cyber Policy Making (2012) (10)
Interbranch Accountability in State Government and the Constitutional Requirement of Judicial Independence (1998) (7)
Foreword — Chevron at 30: Looking Back and Looking Forward (2014) (7)
Democratic Consultation and the E-Citizen (2012) (6)
Negotiating for Knowledge: Administrative Responses to Congressional Demands for Information (2018) (6)
The Rule of Law and the Inevitability of Discretion (2013) (5)
The Originalist Myth of the Unitary Executive (2016) (5)
A Little Knowledge: Privacy, Security and Public Information After September 11 (2004) (4)
Behind the Mask of Method (2005) (4)
The Bureaucratic Due Process of Government Watch Lists (2006) (4)
Federal Policy Making By Consent Decree: An Analysis of Agency and Judicial Discretion (2018) (3)
Voting Rights and the “Statutory Constitution” (2018) (3)
Chevron Deference, the Rule of Law, and Presidential Influence in the Administrative State (2014) (3)
Cybersecurity: Shared Risks, Shared Responsibility (2011) (3)
Signed Under Protest: A Database of Presidential Signing Statements, 2001-2006 (2007) (3)
Empowering The Collaborative Citizen In The Administrative State: A Case Study Of The Federal Communications Commission (2011) (3)
Signed Under Protest: A Database of Presidential Signing Statements, 2001-2009 (2009) (3)
Building commerce through co-operatives (1989) (3)
School Desegregation Remedies and the Fair Governance of Schools (1984) (3)
Foreword: The NSA and the Legal Regime for Foreign Intelligence Surveillance (2013) (3)
Federalism's 'Old Deal': What is Right and Wrong With Conservative Judicial Activism (2000) (3)
The Law of Presidential Power: Cases and Materials (1988) (3)
Signed Under Protest: A Database of Presidential Signing Statements, 2001-2009 (Version 2.0) (2011) (2)
The U.S. Supreme Court’s Big Immigration Case Wasn’t About Presidential Power (2018) (2)
Democratic Information Communities (2010) (2)
Presidential Signing Statements and the Rule of Law as an “Unstructured Institution" (2007) (2)
Cybersecurity: Toward a Meaningful Policy Framework (2012) (2)
Executive Branch Self-Policing in Times of Crisis: The Challenges for Conscientious Legal Analysis (2012) (2)
Returning Separation-of-Powers Analysis to its Normative Roots: The Constitutionality of Qui Tam Actions and Other Private Suits to Enforce Civil Fines (2000) (2)
Reflections in Three Mirrors: Complexities of Representation in a Constitutional Democracy (1999) (2)
Disappearing Democracy: How Bush v. Gore Undermined the Federal Right to Vote for Presidential Electors (2001) (2)
Introduction – “The Future of Online Journalism: News, Community, and Democracy in the Digital Age (2013) (1)
Who May Discipline or Remove Federal Judges a Constitutional Analysis (1993) (1)
In NLRB Recess Appointments Case, Roberts Court Can Now Show It Knows How to Exercise Judicial Restraint (2013) (1)
Rights, Remedies and Restraint (1988) (1)
Presidents, Pardons, and Prosecutors: Legal Accountability and the Separation of Powers (1993) (1)
Social Theory Meets Social Policy: Culture, Identity and Public Information Policy After September 11 (2006) (1)
Digital Government and Democratic Legitimacy (2007) (1)
Reforming 'Regulatory Reform': A Progressive Framework for Agency Rulemaking in the Public Interest (2018) (1)
The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World (2012) (1)
Constitutionalism and War Making (2014) (1)
Structure, Relationship, Ideology, or, How Would We Know a "New Public Law" If We Saw It? (1991) (1)
Independent Policymaking and Presidential Power: A Constitutional Analysis (2018) (1)
Learning McNamara's Lessons: How the War Powers Resolution Advances the Rule of Law (2018) (1)
Legislative Delegation, the Unitary Presidency, and the Legitimacy of the Administrative State (2010) (1)
Prosecutors at the Periphery (2019) (0)
Conventionalism in Constitutional Interpretation and the Place of Administrative Agencies (2018) (0)
Federal Secrecy after September 11 and the Future of the Information Society - Social Theory Meets Social Policy: Culture, Identity and Public Information Policy (2006) (0)
Ambiguity and Policy Making: A Cognitive Approach to Reconciling Chevron and Mead (2005) (0)
Noel Canning v. NLRB: Should Courts Police the Recess Appointments Power? (2018) (0)
Executive Power, the Rule of Law and the First Obama Administration (2013) (0)
When Inter-branch Norms Break Down: Of Arms-for-Hostages, 'Orderly Shutdowns,' Presidential Impeachments, and Judicial 'Coups' (2004) (0)
The Non-Constitutional Non-Crisis (2018) (0)
Cybersurveillance, Privacy and Security Panel (2013) (0)
Democracy’s Chief Executive (2022) (0)
Powers of the Crown (2006) (0)
The Limits of Legal Realism as Biography (1996) (0)
Developing and Testing A High Telepresence Virtual Agora for Broad Citizen Participation: A Multi-Trait, Multi-Method Investigation (2004) (0)
What Do We Want from Open Government – and What the Heck is “Open Government”? (2012) (0)
Introduction: Key Issues in Telecommunications Reform (2007) (0)
Cybersecurity Policy as If Ordinary Citizens Mattered (2012) (0)
Political Accountability in a System of Checks and Balances: The Case of Presidential Review of Rulemaking (2018) (0)
The 'Expanding First Amendment' in an Age of Free Speech Paradox (2019) (0)
Helping Teachers Prepare Students for On-line Democratic Deliberation (2005) (0)
Emergency Powers in Russia and the United States: A Comparative Discussion (2006) (0)
The Presidential Statutory Stretch (2015) (0)
Checks and Balances in Law and History (2009) (0)
Strengthening Intelligence Through Administrative Law (2011) (0)
Online Consultation and Public Policy Making: Democracy, Identity, and New Media (2008) (0)
Eleventh Amendment limits upon the private enforceability of state hospitals' federal legal obligations. (2000) (0)
Getting from “May We?” to “Should We?” at the NSA (2015) (0)
Recovering the Madisonian Dream: Visions of Democracy, Steps to Reform (2009) (0)
The President's Personal Bureaucracy: Administrative Accountability and the Unitary Executive (2009) (0)
ARTICLE II, SECTION 2: TREATY POWER AND APPOINTMENTS (2017) (0)
The Separation of Powers and the Rule of Law: The Virtues of "Seeing The Trees" (1989) (0)
Unifying the Not-So-Unitary Executive (2014) (0)
City of Arlington v FCC: Boon to the Administrative State or Fodder for Law Nerds? (2013) (0)
The Future of Recess Appointments in Light of Noel Canning v NLRB (2013) (0)
Might the Motivation for Agency Guidance Be the Public’s Need for Guidance? (2010) (0)
Form over Accountability: Executive Privilege, Signing Statements, and the Illusion of Law (2009) (0)
Faithful Nonexecution (2019) (0)
Introduction: Online Consultation and Democratic Communication (2009) (0)
The "Expanding First Amendment" in an Age of Free Speech Paradox (2018) (0)
Iraq and the (Unlearned) Lessons of Vietnam: Presidentialism and the Pathologies of Unilateral Policy Making (2009) (0)
A Federalism Stake in the Heart of the Unitary Executive (2016) (0)
Presidentialism, National Security, and the Breakdown of Government Lawyering (2009) (0)
Boundary Disputes: Jerry L. Mashaw's Anti-Formalism, Constitutional Interpretation and the Unitary Presidency (2017) (0)
NLRB v New Vista Nursing and Rehabilitation: The Third Circuit Further Fuels the Constitutional Conflict Over Recess Appointments (2013) (0)
'Executive Actions' and Lessons in Presidential Authority (2021) (0)
Foreword: I/S Symposium on Cybersecurity Policy (2006) (0)
Foreword: Big Data Future and the First Decade of an Interdisciplinary Journal (2018) (0)
Article II, Section 2, Paragraphs 2-3 (with John McGinnis) (2018) (0)
Deliberative America (2020) (0)
“Big Waiver” as a Constructive New Tool of the Administrative State (2013) (0)
Introduction: Celebrating the Tenth Issue of I/S (2008) (0)
The Rust That Corrodes: State Action, Free Speech, and Responsibility (1992) (0)
Madison's Nightmare: How the Federal Government Became Unchecked and Unbalanced (2009) (0)

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Other Resources About Peter M. Shane

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What Schools Are Affiliated With Peter M. Shane?

Peter M. Shane is affiliated with the following schools: