Authors
E. Donald Elliott
E. Donald Elliott
E. Donald Elliott has been a professor at Yale Law School since 1981 and now also teaches at the Scalia Law School. He teaches and writes in a wide-variety of subjects, including constitutional law, civil procedure, administrative law, and energy and environmental law. He has also practiced law in Washington, D.C. for over 30 years with several leading law firms. He is an elected member of the American Law Institute, the American College of Environmental Lawyers, and a senior fellow of the Administrative Conference of the United States. He served as general counsel of the EPA, 1989-1991.
by | Jan 23, 2020

Adam Schiff, the House manager leading the impeachment case against President Trump, did an excellent job of presenting a fundamentally flawed and fallacious argument in his opening statement yesterday. Schiff is a former federal prosecutor who was articulate and seemingly…

by | Jan 22, 2020

I learned one of my most valuable lessons as a lawyer early on: the side with the best lawyers doesn’t always win. I was with a small firm in D.C. only three years out of law school, and we were…

by | Dec 26, 2019

Both of the articles of impeachment passed by the Democrats in the House are unprecedented in that they charge “thought crimes” against a president. They are based on the dubious legal theory that doing something that is legal in and…

by | Dec 20, 2019

Historiography, the study of history and how to write it, hasn’t changed much in the 25 centuries since Herodotus. Herodotus conceived of history as the stories of great leaders and their victories and defeats, a conception that still dominates the…

by | Dec 16, 2019

Whatever its legal merit or lack thereof, the upcoming impeachment trial in the Senate is a political show trial that is intended to affect the upcoming presidential election for sure. So let’s consider the political implications, not the legal merits….

by | Dec 6, 2019

Our country could survive an impeachment trial of Donald Trump. We’d be wounded and I hope that calamity can be avoided, but we’d survive. The more momentous issue in the current impeachment kerfuffle is how and to what extent the…

by | Dec 1, 2019

Just how stupid are we human beings as a species? That’s been an ongoing debate in the environmental law field for over a generation. The prevailing view was stated in a famous article by Garrett Hardin, “The Tragedy of the…

by | Nov 19, 2019

As Benjamin Franklin was leaving the Constitutional Convention, he was asked, “What have you given us?” He answered: “A Republic, if you can keep it.” That probably happened, but even if it didn’t, the exchange captures two fundamental truths about…

by | Nov 12, 2019

In his fine book Impeachment: A Citizen’s Guide (2017), Harvard Law School Professor Cass R. Sunstein, a prominent Democrat who served in the Obama White House, stresses a key point about impeachment: grounds for impeachment should be neutral in the sense…

by | Nov 6, 2019

The most frequently quoted one-liner about impeachment is Gerald Ford’s: “An impeachable offense is whatever a majority of the House of Representatives considers [it] to be at a given moment in history.” Former President Ford was a honorable man who…

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