Law school faculty: please consider submitting information about your school's 2026-2027 hiring plan and hiring committee. Requested information, plus link to Google form to submit info, at prawfsblawg.com/hiring-plans... - once I get initial set of info I will make it sortable, filterable, etc.

Why does the modern #SCOTUS seem so prone to counter-majoritarian decisionmaking? In a new @poppublicsphere.bsky.social piece, @kumar.fyi and I argue that the Court's relationship to democratic politics has changed as parties have become more cohesive and competitive. doi.org/10.1017/S153...

Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️

CfP: announcing the 8th L&H Roundtable workshop 'Visions of Democracy in Art and Literature' @tcddublin.bsky.social on 19 Jun 2026. Submit abstracts to [email protected] by Fri 6 Feb @legalhumanities.bsky.social @sophiedoherty.bsky.social @dkennytcd.bsky.social @drelenacooper.bsky.social 👇

Self-Accommodation, papers.ssrn.com/sol3/papers...., is now published! It's part of a wonderful University of California Health Humanities Press collection, “Legal Determinants of Health: From Incarceration to Accessibility,” edited by Brian Dolan and Juliet McMullin.

Social protection is a human right. In a new report, UN Special Rapporteur on extreme poverty and human rights @deschuttero.bsky.social warns that weakening social protection fuels the rise of far-right populism. Read more:

Pleased to share that the Kennedy School has been authorized to conduct a faculty search in American politics This is as an extraordinary opportunity for us - please share widely with your networks and consider applying academicpositions.harvard.edu/postings/15418

I’m pleased that my Georgia Law Review article is now out! I did a content analysis of every state constitutional amendment from 1960 to the present that altered any criminal procedure protection—which revealed how few states even *tried* to ratify the Warren Court’s criminal procedure holdings.

Minnesota Law is looking to hire a visiting assistant professor — more details here: hr.myu.umn.edu/psc/hrprd/EM...

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.

This is very good—it’s a true service to/must read for U.S. Judges, on their options as they decide cases about the legality of Executive actions.

Excited to join a stellar group of scholars at New York Law School on Oct 10 to celebrate Mark Graber’s Punish Treason, Reward Loyalty. Panels w/ Jack Balkin, Sanford Levinson, Rebecca Zietlow, Henry Chambers & more. I’ll speak at 1:30 w/ M. Henry Ishitani & Heinz Klug. RSVP: nyls.edu/rjprsvp

How should we make sense of the dizzying varieties of constitutionalisms? In a new paper, Rosalind Dixon terms this phenomenon 'adjectival constitutionalism' and suggests four modes of operation: as topic, model, mode, and discourse. Link below

Officially, this is a chat about enumerated powers. In practice, though, it’s a deep exploration of constitutional method and meaning.

In light of the 5th Circuit's important Alien Enemies Act decision, here again is a link to my deep-dive draft paper on what the statute meant in 1798. Updated version coming to SSRN soon. papers.ssrn.com/sol3/papers....

Thanks for the “recommended” tag, Larry! Excited to share my job-market paper, which uses the recent religious charter school case to show how faith-based entities secure public funds while sidestepping constitutional limits—a phenomenon I term “private disestablishment.”

This is a great read, especially as so many of us are grappling with how to teach constitutional law amid rapid legal and socio-cultural change

Our end of summer/back-to-school happy hour is next Thursday, Aug 28th (5:30 - 7:30) at Loreley Beer Garden (7 Rivington St). Come meet other NYers interested in LPE !!

This is a delight!

My article, "Species of State Constitutional Lockstepping" is forthcoming in the Villanova Law Review! The piece digs into how state courts interpret state constitutions in lockstep with the federal Constitution, and identifies variations on this practice. papers.ssrn.com/sol3/papers....

Excited to share my new paper, In Defense of Factual Precedents, forthcoming @uchilrev.bsky.social When courts determine general facts - like recidivism rates or historical facts - I argue that they should rely on presumptive factual precedents. papers.ssrn.com/sol3/papers....

Thanks for highlighting, Larry! This chapter argues that education law has privileged parental choice & religious freedom while sidelining equality. I argue for re-centering education as a right that secures both liberty & equality—the foundation of democratic citizenship.

I've posted a draft of my next article, "The Administrative Law of McCarthyism," forthcoming in the Stanford Law Review, on SSRN. Comments and feedback are very welcome! papers.ssrn.com/sol3/papers....

The final version of my "Corruption and the Supreme Court" has been published in the Yale Journal of Law & the Humanities, and is available for download here: ssrn.com/abstract=497...

Coan on Relative Stare Decisis, buff.ly/ifPRht8 - Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted Relative Stare Decisis on SSRN.

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers....

I just posted a new paper on @ssrn.bsky.social, titled "The Chadha Presidency". Here's the link, and I'll post the abstract in the next post. papers.ssrn.com/sol3/papers....

... by GAURAV MUKHERJEE (@gauravmkjee.bsky.social) on the Right to Education and by Tom Gerald Daly (@democracytalk.bsky.social) on Scholarship!

Publication day! 💫 Our Verfassungsbook “Indian Constitutionalism at Crossroads: 2014-2024”, edited by ANMOL JAIN (@anmoljain-law.bsky.social) and TANJA HERKLOTZ (@tanjaherklotz.bsky.social) is now available in print and online! 📚 Check it out now! verfassungsblog.de/books/

New piece on the UK welfare state by me & @gavin-kelly.bsky.social for a special edition of @oxrepjournal.bsky.social We examine the economic, political & demographic forces reshaping our welfare state. academic.oup.com/oxrep/articl...

Erwin Chemerinsky on a little-noticed provision in the proposed spending bill that would restrict the authority of federal courts to hold government officials in contempt when they violate court orders www.justsecurity.org/113529/terri...

An equally divided Supreme Court keeps in place the Oklahoma Supreme Court decision blocking the establishment of the nation's first religious charter school. A significant victory for the separation of church and state!

Wrote this thing in which I look backwards to the 1850s to try to explain why the very worst stuff that's happening should make us outraged, but also that outrage and optimism are closer cousins than you might expect.

Come work with me! @nyulaw.bsky.social is hiring a clinical teaching fellow!

Crash Wigley: For Women Scotland: A Case of Significant Silences ukconstitutionallaw.org/2025/05/06/c...

A great piece by Rick Hasen @rickhasen.bsky.social about how SCOTUS enabled/emboldened the lower courts assault on voting rights, the Voting Rights Act, and the enforcement of civil rights laws: slate.com/news-and-pol...

Coming up this afternoon - join us online for what looks set to be a great discussion!

📢 CFP: Columbia–Cornell Jr Scholars Workshop on the Political Economy of Work 🗽 Dec 5–6, 2025 in NYC! Open to early-career scholars in law, soc, econ, poli sci, history. Submit 1p abstract by Sept 15 ✅ Feedback + mentoring ✅ Travel/lodging support (if needed) 🔗 forms.gle/vDkCHyenE5yQ...

This is one of the best tributes to Justice Souter I've read, in part because it quotes at length from Justice Souter's own account of the processes of judging.

The New Homelessness is now out in print. Thanks to the hardworking editors at @califlrev.bsky.social and everyone who commented on previous drafts!

Keeping a keen eye out for this!

Gaurav Mukherjee on the stakes of today's argument: "This case reflects the culmination of 'private disestablishment'— a legal phenomenon where entities that operate at the blurred boundary between public and private recast themselves as entirely private actors while performing public functions."

10/10. No notes.

With SCOTUS hearing arguments tomorrow in the St. Isidore case on the constitutionality of religious charter schools, re-plugging my earlier @lpeblog.bsky.social piece on the stakes in the case. Longer article: papers.ssrn.com/sol3/papers.... lpeproject.org/blog/america...

Sharp new piece on viewing the Marine Le Pen disqualification case through the lens of militant democracy by @eleonorabottini.bsky.social & Camille Aynès verfassungsblog.de/marine-le-pe...

Help me share this opportunity! The Sam Pegram Scholarship covers tuition, accommodation, travel & visa costs, and a living stipend for 1 international student to pursue the LLM in International Human Rights Law and Practice at the University of York. Please visit: www.york.ac.uk/law/study/fu...

It’s hard to describe what it means to me to see this archive go live at Princeton. It is the culmination of two decades of research starting with my first research grant as an undergrad. library.princeton.edu/about/librar...

Delighted that 'Private Disestablishment' is now forthcoming at the BYU Law Review. Looking forward to working with the editors! SSRN: papers.ssrn.com/sol3/papers.... On what's at stake with religious charter schools, see Linda Greenhouse in the NYT yesterday: www.nytimes.com/2025/03/09/o...

I am excited to share that Yuvraj Joshi’s and my new article entitled “Infrastructure Equality” will be published in the Northwestern University Law Review. You can read a draft on SSRN. papers.ssrn.com/sol3/papers....