At least 11 congressmen from 1865-1871 were arguably not citizens under Trump's interpretation of 14th A, our research finds. Yet no one challenged their eligibility to serve. Why not? Obviously, b/c no one who drafted or ratified the 14th A shared Trump's view. papers.ssrn.com/sol3/papers....

This is the future of exam taking.

New York Times story on important article re birthright citizenship by my UVA colleagues, Amanda Frost & Emily Eason:

NB: When I, a professor of law, profess that an act is unlawful, I am not doing it to inform the lawbreaker, but rather to inform you, the reader. So the question “what, like you think he cares?” is inapposite. The question is whether *you* care. I think you should, which is why I bother.

Ok, lawyers, time to tell your sloppy redaction stories.

If you have not read it Lorraine Daston's Rules: A History of What We Live By is great for just think kind of thing. Algorithmic rules means folks who want to circumvent them will always find a way.

Say what you want about law reviews and all their flaws, but law review editors won't let this slip for one second. An interesting read featuring GSU's own @andrew.heiss.phd. www.rollingstone.com/culture/cult...

Regardless of whose “fault” this is (firms blame schools; schools blame firms), everyone can agree this makes zero sense. My 1Ls were worrying about applying for 2L summer jobs (not a typo) even before we read Palsgraf—and they were asked to fly out for callbacks in the middle of 1L fall finals!

Duuuuuuuuumb Sorry for not offering better analysis

So what's the likelihood of dismissal on forum non conveniens grounds?

William E. Nelson, one of the giants of U.S. legal history has passed. I have fond memories of spending a year as a Golieb Fellow at NYU under his tutelage -- as do many others. Sending love and comfort to his family and to all those who who counted him as a friend.

Most Trump administration actions have real & awful consequences, so reporters need to be more skeptical of his vaporware. In today's essay I discussion 3 Trump charades: an ersatz pardon for a state crime; the AI executive order; and Trump's "concepts of a plan" to repeal & replace Obamacare.

A U.S. federal judge in Washington was appointed on Friday to oversee at least five lawsuits accusing major class action settlement administrators of running a kickback scheme with banks that distribute settlement funds.

RIP to Nick Salvatore, author of Eugene V. Deb’s: Citizen and Socialist, one of the book’s that inspired me to pursue the study of history.

The govt's defense of Trump's birthright citizenship executive order is extremely weak, so why did SCOTUS grant cert? On the blog, I consider: 1) 4 or more Justices actually buy the defense 😱; 2) SCOTUS wants to appear non-partisan by striking it down; or 3) the case is just important. Details 👇

JUST IN: Judge Boasberg says it'd be "premature" to refer Kristi Noem for a contempt prosecution but orders testimony next week from DOJ whistleblower Erez Rueveni and Deputy Assistant AG Drew Ensign. storage.courtlistener.com/recap/gov.us...

Big cert grant out of the Supreme Court today (on the Rooker-Feldman doctrine, of course):

"In the glare of passion the foundations of law are searched, and men become masters of the science of liberty." R.W. Emerson It's exhausting, though, searching the foundations.

For years, I've begun each day of Constitutional Law with "Con Law in the News." It has been a semester like no other. Trump's transformation of the US into a racist and lawless authoritarian regime has provided a cornucopia of material for my class. I'll almost miss him if he ever leaves office. 👇

If you want to see some nonsense

Happy first day of FRCP 16.1 to all you nerds

"Allosaurus never saw flowers" is a great start for a poem @maureenlangloss.bsky.social

I've learned a new word: minatory meaning having a menacing quality

Top US Officials Identified by DOJ in Deportation Contempt Fight

In 1924, Calvin Coolidge's 16-yr-old son played tennis on the White House grounds w/o wearing socks. He got a blister and was dead from infection a week later. This is unthinkable today—which is why I wrote this series. Cuz the systems that save us from this kind of fate are in urgent need of care.

This is so concerning because (as I understand it) the offers are conditional on grades. So the students are distracted from their studies during the most stressful and difficult time in law school and it's not clear to me they benefit from a genuine job offer at the end.

State lawyer disciplinary authorities have mostly declined to act on grievances against high-level DOJ lawyers. My thoughts on why and how disciplinary authorities should act on grievances against high-level lawyers in the DOJ and state attorneys general's offices. papers.ssrn.com/sol3/papers....

Judge Boasberg says he will proceed to fact-finding on whether to hold govt in contempt for sending people to El Salvador against his order on 3/15/25. Preliminarily wants to hear from whistleblower Erez Reuveni & DOJ's Drew Ensign. Will let parties advise how to proceed in writing by Monday.

Very soon, analogue is coming back!

this would make a great torts exam / horror movie

And Lon Fuller said it couldnt be done @alanigolanski.bsky.social

Announcer: And now we turn to the hot dog suit guy to ask, Who did this?

*Women receive substantially lower "potential" ratings despite receiving higher performance ratings *Differences in potential ratings account for half of the gender promotion gap *Women’s lower potential ratings do not reflect future performance: women subsequently outperform male colleagues

On the blog: In approving Trump's transphobic policy of listing sex assigned at birth on passports, SCOTUS said govt was "merely attesting to a historical fact," thus echoing the obtuseness of Plessy v Ferguson's statement that Black folks were only choosing to see segregation as white supremacy. 👇

Even though it mustered only 356 words to justify putting Trump's spiteful anti-trans passport policy back into effect, #SCOTUS managed to show us two of the flawed analytical moves it keeps making *only* in Trump cases to provide cover for granting emergency relief. My latest, via "One First":

A List of Things Said to Have Been Ruined by Women 🧵

NEW: Foreign food safety inspections have hit a historic low after Trump staffing cuts. The dramatic shift in oversight comes as the U.S. has never been more reliant on foreign food. “It’s only a matter of time before people die,” one expert said.

Fondly remembering my elementary school metal lunchbox that looked like a little suitcase. Was it Scooby doo themed? I can't remember.

@jvagle.me One word: mayo

A case I litigated in the Court of Appeals is at SCOTUS today: I think it’s fascinating. Assume a plaintiff sues a Texas and non-Texas entity. The defendants remove to federal court. The district judge keeps the case on improper joinder grounds: the Texas entity shouldn’t have been sued. /1

Very interesting and worthwhile analysis

@proffoohey.bsky.social @dalie.bsky.social what do you think about this? There's a story here somehow connecting the anti-consumer bankruptcy reforms and mass torts...

On the blog, I preview the issues in Wednesday's SCOTUS oral argument in the tariff case. I also discuss the prominent quotations of Trump's idiocy in the SG's lead brief, which cannot be persuasive but are probably included as a warning to the justices not to cross the mad king who loves tariffs.

Timeline cleanse: I present a series of photos of irritated animals

Pay to Plead, @claireraba.bsky.social and my article on California debt collection is available! Drawing on more than $2M debt collection cases covering 80% of CA's population from 2009-2020, we draw a detailed picture of how mass debt lawsuits operate as a regressive system of wealth transfer. 1/3

4th Cir. revives bellwether case from localities against drug distributors they allege are partially responsible for the opioid epidemic. Held: under West Virginia law conditions resulting from over-distribution of opioids can constitute a public nuisance. www.ca4.uscourts.gov/opinions/221...

Another torts exam just dropped

Two of my favorite topics, issue preclusion and MDLs! www.law360.com/articles/240...