Andrew Kent

@andrewkent.bsky.social

Law prof at Fordham. Teach and write about fed courts, US constitutional history, executive power, US colonialism, other stuff.

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Dr. Anthony Fauci was right that Rand Paul and other Republicans are out to get him, but in light of his pardon and case law rejecting "anticipatory perjury" as a basis for fearing prosecution, his invocation of his 5th Am right against self-incrimination was legally dubious. Details on the blog. 👇

Was Dr. Fauci Entitled to Invoke the Fifth Amendment?

In response to a subpoena, yesterday, Dr. Anthony Fauci appeared before the Senate Committee on Homeland Security and Governmental Affairs. ...

dorfonlaw.org

I just know I'm gonna get yelled at about this, but since it is squarely within my area of expertise ... Fauci is probably right that Paul has an "unhinged obsession with" him. Nevertheless, that doesn't excuse Fauci from the obligation of testifying truthfully before a Senate committee.

After years of workshops and hiring committees, we can all spot basic problems like straw men, failures of logic, failures to confront obvious counter-arguments, etc. But you're whipping up fury about different readings of legal historical evidence, in an area you don't write in (or close to).

Andrew Kent@andrewkent.bsky.social · 2mo ago

@johnpfaff.bsky.social, genuine question: what's your process, when confronting scholarship in areas in which you have no expertise, for deciding whether work is "trash" by a "fabulist," who should be shunned and shamed?

Any right of center law prof can point to plenty of "trash" scholarship (your term, John, which I'm not endorsing), of a left wing variety. Advocating "costs" including shunning until people "recant" is not a scholar's approach. (Also I note con law/history isn't your field)

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Deeply saddened to learn of Gordon Wood's passing. Few have had an equal impact on the study of the American Founding, or on my own intellectual development. No book is more responsible for making me a historian of early constitutional history than Wood's *The Creation of the American Republic*.

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Ross Barkan's plagiarism mini scandal has barely been discussed on Bluesky. We should be taking note of it. Especially since, now that he has responded on Twitter, his explanations are ridiculous.

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This article is only persuasive, I think, if one believes that most professors being on the left or far left is right and natural. Viewpoint diversity is in part a "political project" of external actors. But maybe necessarily so, since the left super majority self-replicates by controlling hiring

Nicole Hemmer@pastpunditry.bsky.social · 5mo ago

“viewpoint diversity” is a right-wing political project, as lisa siraganian explores in great detail here: www.aaup.org/academe/issu...

I assume the same critique applies to the Warren Court and tons of scholarship inspired by it arguing that the Constitution in fact protects all kinds of newly imagined rights?

Steve Vladeck@stevevladeck.bsky.social · 5mo ago

"Academic freedom protects scholars’ right to challenge the orthodoxy; it doesn’t insulate them from charges of bad faith in doing so. But the problem here is one of both supply *and* demand. And ... #SCOTUS bears at least some responsibility for the latter." Me in today's issue of "One First":