Gaurav Mukherjee

@gauravmkjee.bsky.social

Associate Professor of Law, Syracuse University College of Law | education & housing in constitutions; democratic erosion | gauravmukherjee.com

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: ⬇️

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.

Self-Accommodation

The reasonable accommodation mandate was intended to ensure access for people with disabilities. Yet some people with disabilities who are eligible for and in n

papers.ssrn.com

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.

al procedure revolution, and just a few years into the Roberts Court’s full-throated embrace of originalist jurisprudence. Whether many of the protections we have come to know and recognize from the Warren Court—the exclusionary rule, Miranda warnings, and Gideon’s mandate— are subjected to re-evaluation under a “history and tradition”- style analysis and, if so, whether they survive that analysis, remains to be seen. 

At the same time, state courts and constitutions offer the same hope now as they did at the onset of judicial federalism in the 1970s. Attorneys for criminal defendants sought refuge in the states to vindicate their rights, and they rejuvenated state constitutions as independent sources of liberty that can extend beyond the bare minimums of federal protection. However, while these litigants produced changes in case law, those changes were not frequently accompanied by formal constitutional changes. Few state constitutions were amended to include the core criminal procedure requirements, and few changes were even seriously considered.

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

(Book Event) Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War - New York Law School

Download PDF Invite. DATEFriday, October 10, 2025 TIME9:30 a.m. – 3:30 p.m. ETOptional tour of Tribeca to follow the program. LOCATIONRoom W220New

nyls.edu

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

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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.”

Abstract for the article 'Private Disestablishment'
Lawrence Solum@lsolum.bsky.social · last yr.

Mukherjee on Private Disestablishment, buff.ly/R795JcB - Gaurav Mukherjee (University of Connecticut - School of Law; New York University School of Law; University of Melbourne - Asian Law Centre) has posted Private Disestablishment (51 B.Y.U. Law Rev. ___ (2026)) on SSRN.

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 !!

A poster with cheersing beer mugs and the LPE NYC logo that say:
Summer Happy Hour
Loreley Beer Garden (7 Rivington St, New York, NY)
Thursday, Aug 28
5:30-7:30pm
Come join us in the outdoor patio for happy hour at this Lower East Side tavern featuring German brews, bratwurst, &schnitzel

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.

Lawrence Solum@lsolum.bsky.social · last yr.

Mukherjee on the Right to Education, buff.ly/0JzIfI1 - Gaurav Mukherjee (University of Connecticut Law; NYU Law; University of Melbourne - Asian Law Centre) has posted The Right to Education: Reconciling Liberty & Equality (Oxford Handbook on Economic and Social Rights) on SSRN.