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.

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...

Delighted to see @esranuki.bsky.social on Bluesky! A must-follow for #eonomic and #socialrights fans and now added to this starter pack on #ESR! go.bsky.app/3BFNBMv

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....

I'm thrilled to share that Every Court Everywhere All at Once--my essay on last summer's weirdest admin decision, Ohio v. EPA--is now forthcoming in the Yale Law Journal Forum. papers.ssrn.com/sol3/papers....

Road to the VRA: 60 years ago today, 27 Republican members of Congress & 4 GOP governors called on the Johnson administration to speed up efforts to pass a new voting rights bill. timesmachine.nytimes.com/timesmachine...

This was so much fun! @polphilpod.bsky.social is a fantastic host and interlocutor

LPE friends, big announcement! 🔥🔥 This Sept, the first annual LPE conference, launching a new LPE Association! Been working hard on this, with an amazing crowd of LPE fac and groups - more here: law.richmond.edu/faculty/Inau....

This is a really good analysis. The Department of Education's Dear Colleague Letter on Title VI rests on an overbroad and ultimately unsupportable interpretation of the law. Educational institutions shouldn't let themselves be intimidated.

Our article 'A Crisis of Political Trust?' led by @viktorv.bsky.social is now out in @bjpols.bsky.social! We use >3,000 surveys in 143 countries between 1958 and 2019, finding that trust in representative institutions has generally been declining in recent decades. www.cambridge.org/core/journal...

Thrilled to see my article -- showing how a private organization has shaped, and diluted, an international human rights norm -- in AJIL! It shows how a global sport governing body has responded to legal challenges by retrofitting 'gender equality' to align with exclusionary regulatory practices.

THE PUBLIC’S LAW is out now in paperback. The book identifies the dangers of the plebiscitary presidency and develops a participatory alternative grounded in the Progressives’ democratic transformation of Hegelian state theory. global.oup.com/academic/pro...

The U.S. Supreme Court will hear a case that challenges the commitment to religious neutrality that characterizes public education in the U.S. GAURAV MUKHERJEE on how and why the case might reshape the place of religion in the nation’s public life. verfassungsblog.de/americas-fir...

Book launch for 'The Entrenchment of Democracy', with Profs Erin Delaney, Yvonne Tew, Richard Bellamy, Tom Poole, Leah Trueblood & Aziz Huq. Registration required. Pls come if you are in London. www.eventbrite.co.uk/e/the-entren...