Leah Litman (University of Michigan Law School), Katherine Shaw (University of Pennsylvania – Carey Law School), and Melissa Murray (New York University School of Law) have posted Is the Unitary Executive Democratic or Autocratic Governance? on SSRN. Here is the abstract:
This essay examines whether the unitary executive theory provides for democratic or autocratic governance. It argues that the unitary executive theory’s underlying account of government authority is the same account of government that comparative political scientists have identified as facilitating democratic decline and autocratic takeover.
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Lawrence Solum