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.
Gaurav Mukherjee
@gauravmkjee.bsky.social
Associate Professor of Law, Syracuse University College of Law | education & housing in constitutions; democratic erosion | gauravmukherjee.com
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 Roisin.acostello@tcd.ie 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.
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
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:
Welfare cuts are fuelling far right rise, warns UN expert
NEW YORK – The rolling back of protections for people living in poverty has created fertile ground for far-right movements across the world, warned the Special Rapporteur on extreme poverty and human ...
ohchr.org
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
Professor of Public Policy (American Politics)
Harvard Kennedy School seeks a scholar of the highest distinction to appoint as a professor of public policy, focusing on American politics, elections, and policy. We particularly welcome applications...
academicpositions.harvard.edu
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...
hr.myu.umn.edu
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.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
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.
Just posted a new essay with @williambaude.bsky.social and Sam Bray - "Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review). papers.ssrn.com/sol3/papers....
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
Officially, this is a chat about enumerated powers. In practice, though, it’s a deep exploration of constitutional method and meaning.
The Divided Argument podcast had me on to talk about my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* Very much enjoyed the conversation. Listen here: www.dividedargument.com/episodes/bed... @dividedargument.bsky.social @williambaude.bsky.social @epps.bsky.social
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....
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
papers.ssrn.com
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.”
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.
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
Balkin & Levinson on Constitutional Change and Casebooks, buff.ly/72C5LL6 - Jack M. Balkin (Yale University - Law School) & Sanford Levinson (University of Texas Law School) have posted Casebooks, Canons, and Constitutional Memory 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 !!
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.
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.
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 Administrative Law of McCarthyism
<p>This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative
papers.ssrn.com
I'm excited that my next article, "The Administrative Law of McCarthyism," will be published in the Stanford Law Review. It explores how civil service law evolved in response to McCarthy era loyalty purges, and how courts drew on administrative law principles to fashion civil service protections.
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...
Corruption and the Supreme Court
Corruption is everywhere at the Supreme Court. The justices routinely rule on what is—and, more frequently, what is not—corrupt. Simultaneously, their off-the-b
ssrn.com
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....
Foreword: To A Conservative Warren Court
Ideological conflict has masked an underlying continuity in the American legal system. In recent years, the Supreme Court -- while obviously subject to fierce c
papers.ssrn.com
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....
The <i>Chadha </i>Presidency
<p><span>Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans
papers.ssrn.com
... 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...
The recent history and future prospects of the UK welfare state
Abstract. This article examines how the UK welfare state was significantly retrenched, reshaped, and selectively expanded in the era of austerity and Covid
academic.oup.com