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& Listwa Kermit Roosevelt III & Bethan R. Jones abstract. This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement
legislatures are typically active in the first half of each calendar year, this leaves for most states only one legislative session before they will have
lenges. To understand the 2017 tax legislation and its implications for the future, it is important to review the process that led to its enactment. That
] (discussing judicial interpretive principles); Texas Legislative Council Drafting Manual, TEX. LEGIS. COUNCIL app. 5 (2015), http://www.tlc.state.tx.us/legal
mentorship and guidance throughout the writing of this piece. I also thank Professors Harold Koh, Pierre-Hugues Verdier, Paul Gewirtz, and Lea Brilmayer for
“tie” in the event that an examination of organizational structure and secondary legal conflicts has led a court to an impasse. Nevertheless, there
Legacy, FORBES ASAP, Sept. 13, 1993, at 158, 160; see also Mark A. Lemley & David McGowan, Legal Implications of Network Economic Effects, 86 CAL. L
balked. Legislators had no desire to set up “an all-pervasive, all-powerful czar of energy in this country” 18 through legislation. Instead, the
Washington warned, partisanship can lead “at length to a more formal and permanent despotism. . . . [S]ooner or later the chief of some prevailing faction
legislation requiring express congressional authorization for military actions.10 Modern “presidentialist” legal scholars—or those who favor vast