Missed it on the date (9/13/25) but Trump is officially taking the longest to nominate an OIRA Administrator. And no nominee in sight. Congress shrugs? My stats here: www.yalejreg.com/nc/when-migh...

Spending unappropriated funds during a shutdown carries a criminal penalty: An officer or employee of the [US or DC] government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. 31 USC 1350.

too many people think the answer to "I've written something, what now" is getting published when really the answer is cleaning your room, making a roast, refilling the bird feeder. writing is also the living we do. it's not a way to get recognition in the same way that flossing isn't.

Came here to post exactly this quote:

Wow www.bbc.com/news/article...

The marvelous @bridgetdooling.bsky.social and I, after a symposium held by Cincinnati’s Corporate Law Center, asked ourselves a question: SCOTUS’ Corner Post decision (modifying a statute of limitations) made many long-standing agency regulations fair game for litigation.

Digging out my law-of-government-shutdowns materials like:

Is this legal? No, obviously not. Opponents should be clear that any person who attempts to buy their way into getting this visa should be on notice that a future administration would be entirely within their rights to seek deportation for any person who gets a green card through this program.

I was contacted recently by some law students who needed to do an interview with a practicing lawyer for one of their 1L classes. I gave a few bits of my usual advice, but let me repeat it: spend your summers looking at the senior lawyers at your job and seeing if you want to be them one day. /1

I saw some ad saying that procrastination is due to disordered executive functioning and I thought, huh, I’ll look into that later……… …..still haven’t gotten to it.

that should be a service like Uber. They could call it Leave It to Beaver

imagine if a family of beavers randomly showed up right now and finished whatever thing you've been putting off

Yup.

1/ I think a lot about this passage from Seila Law: "[T]he Framers made the President the most democratic and politically accountable official in Government. Only the President (along with the Vice President) is elected by the entire Nation."

Our YSPH Communications office asked me to do a Q&A about the ACIP meeting. (Focusing on the actual outcomes and votes, not all of the process chaos and dubious scientific content.) A shortened version will be posted on our website sometime this week, but here it is now, all 1400 words of it:

To recap, Trump signed a proclamation saying that after midnight tonight, no one with an H-1B visa may enter the US unless they have paid $100,000. However, anonymous White House officials are saying it doesn't apply to people with current H-1B visas — yet there is NO official guidance! None!

The FAQ posted online for this program claims that this would be an EB-1/EB-2 visa. That is EXTREMELY illegal. Those visas are, by law, ONLY for people with “extraordinary” or “exceptional” ability, or advanced degrees (MAs or PhDs) who are being hired by an American business.

NEW: @emilymullin.bsky.social could not just publish "Yakety Sax" as a dispatch on today's ACIP meeting so she did the next best thing and wrote about it

It's Friday and @katejackson.bsky.social and I are about to hand in a very fun (slightly! overdue!) paper to our editors and I will NOT be looking at the news until this extremely good vibe has well and truly settled into my soul. ✌️

I'm a big fan, big fan, BIG FAN of flying the flag at home. I have it on my front porch almost all the time. That flag is mine. Ours.

it is very hard to violate rule 8. so this one's heading to civ pro classes nationwide

Order Without Formalism, buff.ly/TVJFayz - Jesse Cross (University of South Carolina School of Law) has posted The Amended Statute (92 U. Chi. L. Rev. 1291 (2025)) on SSRN.

Thrilled that my paper "Partisan disparities in the funding of science in the United States" with Nic Fishman, @leahrosenstiel.bsky.social, and @dashunwang.bsky.social was published in @science.org today! www.science.org/doi/10.1126/...

What is it about a dog in a kerchief? My word.

The G&T to G&T track is real.

WOW. Judge Kelly takes the Trump admin to task for their outrageous effort to deport children in the dead of the night. Not only does he say their justification "crumbled like a house of cards," he also says the admin was not engaging in "conduct ... that reflect[s] good faith."

What a cool diagram from @jamesgoodwin.bsky.social and @progressivereform.bsky.social showing the changes from the Fall 2024 Unified Agenda to the (recently issued) Spring 2025 Unified Agenda. progressivereform.org/cpr-blog/tru...

With a terrific team, I just published a large study looking at all court cases involving the Trump administration. Shows basis for courts no longer giving a so-called "presumption of regularity" (a legal doctrine involving a strong benefit of the doubt) to the administration. 🧵

Please, I beg you all to learn about how algorithms literally shape your perception of reality. Some of you guys think people are demonizing a guy who just loved his family, while others think normies are praising hateful rhetoric. And both sides are… wrong.

Never forget. No matter what.

Post cats, not takes

Do your mental health a favor and turn this on for today. You really don't want to watch this. It is awful.

Just a very serious law professor over here using her Wendy’s Wednesday spoon for her snack.

Did we break the AALS website by all clicking the email that said registration is open?! I just want to know where, exactly the conference will be held, does anyone know? 😢

My new paper, The Crisis of Appropriations Law. Very much a draft -- and perhaps a little too timely. papers.ssrn.com/sol3/papers....

NEW: the Supreme Court agrees to hear Trump‘s appeal in the tariffs cases on a highly expedited basis. Oral argument will be during the first week of November.

Just to be clear, BLS is currently being run by a trustworthy career civil servant and BLS rank and file staff literally said yesterday that nothing is being messed with. Skepticism over this revision is entirely unjustified to the point of disinformation (though that may not be true for long).

Yeah it’s a grievous error at the level of the unit of analysis. It’s not about the interests of those who have broken the law.

Fourth Circuit holds that states lack standing to sue to enjoin the removal of thousands of federal employees. storage.courtlistener.com/recap/gov.us...

Sincerely wondering: what remedies does Justice Kavanaugh believe are and should be available in federal court these days for excessive force violations by federal immigration officials?

#BREAKING: With no explanation (save for a solo concurrence by Justice Kavanaugh), #SCOTUS has frozen lower-court rulings that had enjoined allegedly suspicion-less arrests as part of "roving" immigration patrols in California. Justice Sotomayor, joined by Justices Kagan and Jackson, dissents:

Chief Justice Roberts has issued an “administrative” stay allowing President Trump to remove the last Democratic member of Federal Trade Commission while the full Court decides whether to freeze lower-court rulings that had held that her firing was unlawful:

Listen, did you even do the peer review if you didn't start by carrying it (untouched) in your bag back & forth to campus for a solid week?

Long read that's well worth it: political scientist Steve Teles's taxonomy of the abundance movement. There's more to it than you think...substantively AND politically. www.niskanencenter.org/abundance-va...

Temps headed to the 40s so you know what that means……… ……..HOT CHOCOLATE for dessert!

Random gripe for separation of powers nerds: I'm re-reading Chadha today for the first time in a while and it's such a frustratingly obtuse and damaging opinion. All the more so from the perspective of 2025.

AUTHORS: AG has prepared a detailed explainer on the Anthropic settlement and how it affects us. Full details:

Just a reminder to check for your name in this list of books that OpenAI trained from. If your name is there, they probably owe you several thousand dollars. OpenAI cried that if everyone eligible author files, the company will go bankrupt, so I'm alerting every author I have ever spoken to.

This is not a thorny issue. This is not fraught. It is extrajudicial killing. It is the killing of civilians under any standard of law. He killed them on the basis of his-say so that they are drug smugglers, mere criminals. It was premeditated. And he's saying he's going to do it again and again.