Peter M. Shane

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 (2004). 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.