Thrilled that my and @donfro.bsky.social's new paper, "Constitutional Rights and General Private Law," will be in the Harvard Law Review next year. It's a sequel to our 2023 Yale L.J. piece, "The Fourth Amendment and General Law." We need to revise, so no @SSRN yet, but here's the abstract:
Marin K. Levy
@marinklevy.bsky.social
Professor of Law, Duke Law School; Academic Director of the Bolch Judicial Institute. Mother of sons & spinner of ⚖️🧵s.
Trump is trying to destroy academic freedom - he sees it as an impediment to his corruption of our democracy. I know university leaders, like those at Yale, are in a tough position given his attacks, but they are under no obligation to agree to anything other than what's required under existing law.
Hard to argue with this. Absolute heartland of the sort of thing that should result in multiple impeachments.
Today, in violations of the rule of law that would be sufficient for impeachment in any other American presidency but aren't in this one because pathological partisan loyalty has rotted the constitutional order:
The ‘dog days’ of summer get their name due to their association with the Dog Star, Sirius, found in the constellation Canis Major. The first visible rising of Sirius occurs during the hot stretch from early July to early September. Woof.
Here’s a gift link to the @nytopinion.nytimes.com roundtable conversation about the end of the #SCOTUS term—featuring @williambaude.bsky.social, @kateshaw.bsky.social, and me:
Opinion | Is the Supreme Court Incoherent? Independent? 3 Legal Scholars Assess a Tumultuous Term.
nytimes.com
JUST IN: The D.C. Circuit has agreed to consider reviving Judge Boasberg's contempt proceedings against the administration for defying his orders in the Alien Enemies Act case. The full bench will have oral arguments in September, storage.courtlistener.com/recap/gov.us...
Order Sent – #01208862466, Att. #1 in In re: Donald Trump (D.C. Cir., 25-5452) – CourtListener.com
PER CURIAM ORDER, En Banc, [2179802] filed granting the unopposed motion of 174 Former Judges to participate as amicus curiae [2173014-2]; The Clerk is directed to file the lodged Amicus brief [217306...
storage.courtlistener.com
“Yet, as only New Yorkers know, if you can get through the twilight, you'll live through the night." - Dorothy Parker
Happy 89th birthday to the great Amalya Kearse — the very first woman to serve as a Judge on the Second Circuit Court of Appeals! ⚖️🎂
Very happy for New York City, the country's lovable underdog
Very grateful "Remedies for a Constitutional Crisis" with @williambaude.bsky.social and Sam Bray is now out . . .
Remedies for a Constitutional Crisis - Harvard Law Review
Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
harvardlawreview.org
I just received the terribly distressing news that Gordon Wood was hit by a car and killed yesterday. We were together with other Founding era scholars at the 2nd Judicial Circuit conference last week at Lake George, and he was as usual in fine fettle and as always enjoyable to talk to.
I love people at the airport who stack the security bins of other travelers. Just nice, decent people helping out people they’ve never even met. ❤️
Seems that my memory does, in fact, serve👇👇
“We can confirm that no U.S. Attorney’s Office has declined to investigate any case relating to the subject matter of CNN’s inquiry,” a Justice Department spokesperson told CNN. “We will not comment beyond that.” archive.ph/arkmq#select...
I've never seen a note like this appended to a story. If memory serves from reading the earlier version, the statement was something to the effect of "DOJ can confirm that no U.S. Attorney's Office has declined to investigate this allegation."
If they secure an indictment against Carroll, she will file a whopper of a motion to dismiss for selective/vindictive prosecution. (A district judge just dismissed Kilmar Abrego Garcia's prosecution for that reason; DOJ will likely appeal.) www.cnn.com/2026/05/27/p...
Exclusive: Justice Department launches a criminal investigation into Trump accuser E. Jean Carroll | CNN Politics
The Justice Department has launched a criminal investigation into E. Jean Carroll, the former magazine columnist who accused President Donald Trump of sexual assault, according to multiple sources fam...
cnn.com
I keep coming back to the words of Judge Perry in today's hearing: "I put even more reliance on Department of Justice attorneys. Your sole goal is to do justice. Your client is justice itself." .
@hoffprof.bsky.social is always worth reading and this 🧵 on AI and the legal academy (and law itself) shows why . . .
Was thinking about the role of careful articulation in law -- obviously generated by writing T&P and clerkship letters. It does a ton of work. Judges, agencies, employers, professors writing either recs or papers all explain. And the length/depth of the explanation itself has weight..
BREAKING: Federal judge finds that Presidential Records Act is likely constitutional, issues preliminary injunction requiring compliance with the law. Judge Bates, a George W. Bush appointee, opens his opinion with an Orwell quote.