It has been a bracing moment for American federalism, with both unprecedented efforts to extend executive control over state and local govts, novel forms of subnational resistance. Where is federalism going? Paul Nolette and I have edited a new issue of Publius on that question. Short thread:

Up on SSRN now, a new draft about Measuring Judicial Ideology with a special focus on state courts, forthcoming in the Ind. L. J. With all of the recent discussion about the power of state courts to protect rights, it's worth noting the robust study of state court judge ideology. /

I'm very happy to share that I will be hosting the *Second* Annual Democracy and Public Law Works-in-Progress Conference at the Michigan State University College of Law on April 3–4, 2026! Law scholars (current and aspiring), I'd love to host you! Application: msu.co1.qualtrics.com/jfe/form/SV_...

I am quoted in this article about water security. The article gives a nice introduction to the Legal Institute of the Great Lakes' recent Water Conference. www.farmanddairy.com/news/experts...

NEWS! The ABA Admin Law Conference is FREE this year, in light of the shutdown. Great for admin law practitioners, academics, and students. It'll be Nov. 21 but you'll also be able to access recordings for 30 days afterwards. 6 FREE hours of CLE (approvals pending), including 3 ethics hours:

This article gives a good summary of last Friday's Water Conference. This year's topic was water security and it featured experts in public policy, engineering, and environmental and water law, all of whom connected their work to the topic of water security.

Welcome to the blog of the Legal Institute of the Great Lakes. The LIGL is a multidisciplinary research center located within the University of Toledo College of Law. LIGL is dedicated to supporting research, maintaining publications, and sponsoring conferences on issues related to the Great Lakes.

Join us for the 25th Annual Great Lakes Water Conference! The conference will take place on October 31, 2025 from 9:30 A.M. to 12:30 P.M. The conference will be held virtually. Registration is required and will close on October 29th. Registration link: secure.touchnet.net/C20238_ustor...

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

Honored to win the inaugural Emerging Scholar Award from the AALS Legislation and Law of the Political Process Section — based on my article Ad Hoc Constructions of Penal Statutes in the Notre Dame Law Review. 🔗⬇️

Register now for the Great Lakes Water Conference. This year's conference is on Water Security, including experts presenting on cyber security, water infrastructure, political challenges, climate change, and more. Registration below: www.utoledo.edu/law/academic...

(Last) Call for Papers: "New Voices in Legislation", 2026 AALS Annual Meeting in New Orleans (Jan. 7, 4pm). Junior scholars will workshop drafts in groups, led by a senior commenter. Please send drafts to [email protected] by Sep. 19, 2025 with the subject "AALS New Voices Submission."

Good luck and enjoy the chance to talk about your important work.

Today’s Friday Frivolity updates a classic teaching chestnut. Who needs a hypo when you’ve got an actual sign and a city ordinance that incompletely explains its scope? lawprofessors.typepad.com/contractspro...

Just a reminder of my favorite idea for a law student note: Pick an important Supreme Court case from 5-10 years ago, and see how lower courts are interpreting it. It's helpful for practitioners and courts, and something law students can research and present effectively.

I am on my way to Denver for the Federation of Associations of Regulatory Boards (FARB) Summit on Regulatory Excellence, where I will deliver the Atkinson Lecture on the state of regulation.

📣 UW Law School's State Democracy Research Initiative is hiring! We’re searching for a program coordinator to support SDRI in all aspects of its work, from events to communications and research support. Apply here: go.wisc.edu/6p0b3n

I just published a blog post on the terrific Yale JREG Blog that draws an interesting--and potentially important--connection between Congress's power to "appropriate" and the three "Vesting" clauses in the Constitution. www.yalejreg.com/nc/vesting-v...

An unusual special legislation case: unusual because it is in federal district court rather than state court; and unusual because of a high-profile litigant: Bill Cosby. Lasha v. Cosby: scholar.google.com/scholar_case... /1

🧵 I filed adverse public comments today on 13 individual rules from the Dept of Energy. 😮‍💨 The bee in my bonnet was the agency's improper use of a very specific procedure called "direct final rule." Buckle up for some in-the-weeds admin law!

The Legal Institute of the Great Lakes is seeking applications for the 2025-2026 Fellowship. www.utoledo.edu/law/academic...

Addressing some common misconceptions about the comment process: Comments on rules really do matter! They are easy to submit! You don't have to be an expert!

Second, there can be no lawful, meaningful deregulation that does not involve Congress. Congress writes the statutes that create our country’s regulations. The executive branch can shape regulations, but only on the margins. If you want major reform, you need Congress to change the laws.

Keep an eye out for programming for Great Lakes and Fresh Water Week, starting June 1.

UT is offering a short course on Water. From the program: "The course will address virtually all things water, and is aimed for a broad audience including teachers, university students, water providers and the general public." Register below: secure.touchnet.net/C20238_ustor...

A thoughtful piece on the tariff fallout for legal practice, with some quotes from me toward the end. www.yahoo.com/news/trump-t...

#Law #profs, please add yourselves, your schools, your programs to the current social media census up at The Faculty Lounge: www.thefacultylounge.org/2025/04/its-...

Tomorrow I am speaking to the Federation of Associations of Regulatory Boards about the Major Questions Doctrine and its implications for state regulatory power. More information and registration information below: www.farb.org/Webinars

The claim that the destruction of essential civilizational institutions is being done in the name of the Jews is itself a form of antisemitism—cultural vandalism carried out in our name. That, my friends, is rank bullshit.

Tomorrow I am speaking to the Federation of Associations of Regulatory Boards about the Major Questions Doctrine and its implications for state regulatory power. More information and registration information below: www.farb.org/Webinars

Looking forward to presenting "Meauring Judicial Partisanship with Tools of Interpretation" as part of the State Constitutional Studies Seminar series on this Thursday, March 27, at 1:00. More info and registration below.

Agree with this whole thread, but I'll add one point to this list: the very existence of process makes it less likely that the government gets it wrong in the first place, bc gov actors know that the process will be used to challenge their conclusions.

I was interviewed by The Telegraph (UK) in this thoughtful piece about the law firm EO litigation, including some historical context on presidential targeting. nam04.safelinks.protection.outlook.com?url=https%3A...

Looking forward to presenting to the State Constitutional Studies Seminar on March 27. More info below.

This is an effective complaint. It is concise and the few, well-placed citations signal the arguments to come. Notably, the complaint references cases about the "class of one" doctrine and the bill of attainder clause without mentioning them directly (unless I missed them). /

I'm in this story about the EOs targeting specific law firms. In short, I think this kind of targeting without any process is bad. www.reuters.com/world/us/tru...

William of Attainder, more formally.

GULC is particularly well-situated to take a strong and clear stance against this dangerous nonsense, and I am glad it is playing a leadership role here.

With his permission, I'm sharing Dean Treanor's response to Ed Martin's letter:

Finally got around to putting this thing on SSRN: papers.ssrn.com/sol3/papers....

I have a new draft paper on SSRN called “Statutory Backups for Endangered Constitutional Rights.” A “statutory backup right” is a statutory right that parallels a constitutional right that is believed to be at risk of judicial abrogation. An example is the Respect for Marriage Act of 2022. 1/3

The title of my essay published today in The Atlantic is pretty much what I'd have thought to be a unanimous understanding of the Constitution: “Presidents May Not Unilaterally Dismantle Government Agencies.” Yet Trump's assault on checks and balances continues. www.theatlantic.com/ideas/archiv...

Not to understate the magnitude of the problems with DOGE’s interference in agency operations, but Musk and his people exemplify what is wrong with delegation to nonexperts: lack of accountability; lack of restraint; and arbitrary and capricious behavior. /

Not to understate the magnitude of the problems with DOGE’s interference in agency operations, but Musk and his people exemplify what is wrong with delegation to nonexperts: lack of accountability; lack of restraint; and arbitrary and capricious behavior. /

All right, I'm back. And my record as the most terrible lava monster at the playground remains intact. So, here's some quick takeaways on Trump's stupid 10-out, 1-in executive order, which you can read here: www.presidency.ucsb.edu/documents/ex...