Justice Robert Jackson, Opening Statement at the International Military Tribunal, November 21, 1945 voicesofdemocracy.umd.edu/wp-content/u...

Thursday April 9 SDP Webinar with Ringhand, Seifter, and Vladeck: “Can and Will Courts Ensure Free and Fair Elections in 2026?” electionlawblog.org?p=155301

I've just uploaded an updated draft to SSRN. If you're interested in free speech, democratic backsliding, and the capacity of courts to protect the former amidst the latter, take a look. I'm open to feedback and grateful for any engagement!

The article I wrote last summer is now out with the Cardozo Law review. Thanks to the terrific editors and to those who gave feedback on the draft! www.linkedin.com/posts/cardoz...

Excited to present "Mapping Malfeasance" (forthcoming with Indiana L.J.) today at MSU as part of @yeargain.bsky.social's Democracy and Public Law WIP Conference with some fantastic state and local gov scholars! Draft is here: dx.doi.org/10.2139/ssrn... Comments and critique very welcome ✨

The good folks at @theunpopulist.net gave me an opportunity to refresh my birthright citizenship piece from last year in honor of tomorrow's arguments. New bucket list item: getting the word "retconning" published. www.theunpopulist.net/p/every-argu...

Response to that weird Moyn thing criticizing me, @evanbernick.bsky.social @anthonymkreis.bsky.social @jedshug.bsky.social et al for being able to think that the attack on birthright citizenship is a political hack job AND that its legal arguments can be refuted balkin.blogspot.com/2026/03/poli...

The final version of Constitutional Democracy in Crisis? II is now at Oxford University Press. The most comprehensive study of democratic decline and resilience. Thanks to Mark Tushnet, Sandy Levinson, and Antonia Baraggia. All publicity is good. TOC here. balkin.blogspot.com/2026/03/cons...

My latest, for @statecourtreport.org, about two important cases making their way through Kansas state courts, the connection between bodily autonomy and trans rights, and how state constitutions are being asked to meet the moment. statecourtreport.org/our-work/ana...

Half the books in our field are or should be dedicated to Sandy.

Thrilled to share that my latest, "Law Enforcement Gang Designations" will be published in volume 112 of the Virginia Law Review. Draft is up on SSRN, comments welcome! papers.ssrn.com/sol3/papers....

Very happy to announce that "Mapping Malfeasance" is now forthcoming with the Indiana Law Journal! I argue that partisan intent is sufficient to invalidate an election map under under any state's constitution. @ssrn.bsky.social link: dx.doi.org/10.2139/ssrn...

‘A really really big decision’: The court cases looming over the midterms politi.co/4rvfsEN via @politico.com

“The doorkeeper recognizes that the man has reached his end, and, to let his failing senses catch the words, roars in his ear: “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.”

Repealing anti-gerrymandering laws is shameful. But my research shows it also can't prevent state constitutional challenges to map manipulation. I discuss this and other findings in my new paper, "Mapping Malfeasance"—now available for download on SSRN and looking for a home. t.co/NHOr0Y5hWH

Now up on SSRN: papers.ssrn.com/sol3/papers.... Just in time to think about Section 2 VRA compliance minority-majority districting and the 14th/15th amendments. 👀

Thank you!

I've posted my new paper, "Mapping Malfeasance," on SSRN. I survey all fifty state constitutions to develop a general standard for distinguishing legal from illegal maps. Comments and criticisms are very welcome. papers.ssrn.com/sol3/papers....

My forthcoming article, "Contesting State Capture" (Cardozo L. Rev.), was reviewed in JOTWELL. My sincerest thanks to Rebecca Zietlow for her insightful and generous commentary!

Jotwell Conlaw: Rebecca Zietlow, State Constitutions As A Bulwark Against Oligarchy, JOTWELL (April 30, 2025) (reviewing Lucien Ferguson, Contesting State Capture, 46 Cardozo L. Rev. __ (forthcoming, 2025), available at SSRN (Feb, 6, 2025)), conlaw.jotwell.com/state-consti....

In more good @chicagokentlaw.bsky.social hiring news, I see that @lucienferguson.bsky.social has made it Bluesky-bio official, too. So delighted you'll be joining us!

Excited to announce that I'll be joining the faculty at the University of Oklahoma College of Law starting in the fall! I'm looking forward to joining a great group of faculty and students, though I will certainly miss my students and colleagues at St. Mary's!

This "immediate cancellation" violates the law. If the Admin thinks Columbia has violated Title VI by being deliberately indifferent to antisemitic harassment, it has to give Columbia a chance for a hearing first, make findings on the record, & wait 30 days. www.nytimes.com/live/2025/03...

SSRN, you flatter me! Apparently, The Sound of the Beast is a "Recent Top Paper" in Law & Literature and Legal Anthropology: Criminal Law. Grateful for the interest—44 downloads and counting. Wow!! Check it out here: ssrn.com/abstract=509....

**Zoom in TODAY @ 1:00 PM EST** Third webinar in @barrettpitner.bsky.social's crucially important Reconstructionism Project. Featuring inimitable Profs. @sheryllcashin.bsky.social and @etiennetoussaint.bsky.social, and also me, on teaching Reconstruction and the law. Register below 🔽🔽🔽

Join us on Wednesday, March 5, at 1 PM EST for a critical discussion on "The Importance of Teaching Reconstruction and the Law Today" with myself, Lucien Ferguson, and Sheryll Cashin. Don’t miss this conversation. Register here: www.americanbar.org/events-cle/m...

With our Fall 2025 schedule posted, I’m very happy that I’ll be teaching State Constitutional Law—which I *think* is the first time in the Michigan State University College of Law’s 134-year history that such a course will be offered.