Pleased to share a draft of my essay, "Rules for a Recidivist Republic," forthcoming in the Chicago-Kent Law Review. The argument for Trump's executive order wasn't new. It was a rehash of nineteenth-century parlor tricks, defeated by Radical Republicans' design. papers.ssrn.com/sol3/papers....
Noah Rosenblum
@narosenblum.bsky.social
Professor of Law @NYULaw (but views are not my employer’s) | Legal History, Administrative State, New York State Courts | “agenda-driven naysayer whose head instantiates academic ethers”
(1) Can’t wait for Andrew’s book!! (2) We have a real tension between what the Constitution is and what people think it should be. There are many who would say: “Trump is right: you’re the President, you just do it.” That’s not our law yet, but unless we change course it will be.
And just like that the new book has a first line.
Strict Liability for AI Executives by Danielle Keats Citron @projectsyndicate.bsky.social prosyn.org/WOKiW68 @uvalaw.bsky.social
Strict Liability for AI Executives
Danielle Keats Citron argues that preventing frontier labs from causing harm requires holding them legally accountable for it.
prosyn.org
48 percent support court expansion already???? With only 36 opposed? That is *wild*
Term limits and mandatory retirement age for Supreme Court both poll dramatically better than expansion
Today I found out that Umberto Eco crafted a version of this meme in the 1980s…
Facebook reminded me of this meme
Look what just arrived! Imperial Entanglements of Policing, including my short chapter on the history of fingerprinting and its important role as a shared technology of colonial control and its journey to every police department in the US. www.dukeupress.edu/imperial-ent...
The real labor of tenure: perpetually unsubscribing from random law school updates
The Court just granted cert in US DOGE Service, which asks whether (1) The COA departed from the separation-of-powers principles in Cheney v. District Court; and (2)Whether a ct can order discovery against an Executive Office advisory body to decide whether FOIA's disclosure requirement's apply.
1/ The Speech or Debate Clause probably doesn't apply to the Omar search. BUT, whenever I talk about Speech or Debate immunity and argue that it should be interpreted capaciously, the pushback I always get is that we don't want to turn members of Congress into "super-citizens".
As VAPs go, this is a pretty great one for 3 years at Amherst College in Law, Jurisprudence, & Social Thought for a law & humanities scholar. Amazing colleagues and I’m just down the street. 🗃️ apply.interfolio.com/195062
Apply - Interfolio {{$ctrl.$state.data.pageTitle}} - Apply - Interfolio
apply.interfolio.com
In defending the meritless prosecutions in Chicago, DOJ had sought to keep not only its attorneys names under seal, but the entire "legal principles" section of its brief, just setting forth what law governs here. Const'l democracies don't rule by secret law. Good on Judge Perry for seeing this.
UPDATE: Judge April Perry denies the government's bid to keep all of this under seal — including the attorney's signature block. "The government has also publicly disclosed … that there is an OPR investigation in this case."
Amazing week on “On Point”-a five-part series inspired by my book “Gerontocracy in America” that is enjoyable, fair, and interesting. Check it out! What an honor. www.wbur.org/onpoint/2026...
Senior Class: Gerontocracy in America
Older Americans have amassed massive wealth, power and voter influence. On Point's special series "Senior Class: Gerontocracy in America" explores the causes and impacts of this generational imbalance...
wbur.org
Systematically hiding the names of government officers is incompatible with democratic self-government
Good morning. Federal prosecutors in Chicago filed partially redacted documents overnight in the "Broadview Six" case. The redactions appear to include the signature block (including the name) of one of the attorneys representing the United States government:
Don't miss the next LPE NYC Night School event at CUNY Law on October 28th at 6:30pm! "Building & Balancing: Abundance & LPE in the "Block by Block" Era on the tension btwn calls for supply and demands for stability in NYC housing with John Mangin & Aissatou Barry. lpeproject.org/events/build...
Building and Balancing: Abundance and LPE in the “Block by Block” Era
Can New York build its way out of the housing crisis? And when we build, how do we balance deliberation and delivery in democratic politics? The LPE Night School series returns to CUNY Law with a…
lpeproject.org
“Yes, the theoreticians and the pseudo-intellectuals have just about destroyed not only local government but the school systems of our country. That’s all right. Let the police handle it.” Vance should stop trying to improve on George Wallace and just use the source material directly if you ask me
Vance: "Some of America's most elite universities bring in foreigners to undercut wages of American residents. There are 9 universities in particular we believe merit an investigation. Those are Harvard, Yale, Stanford, Brown, the University of Pittsburg, UC Davis, Cal Tech, Arizona State, and MIT."
Of course the donor is a lawyer with tax and disciplinary issues who is also a talkshow host who is also a franchise owner
Kim Guillyfoyle asking a donor for $100K to cover her credit card debt before starting in her new role as Ambassador to Greece. "Deters didn’t ultimately make the payment, telling Guilfoyle it would cost him his marriage." www.wsj.com/politics/pol...
"Many, many people are surprised to learn" this principally because it isn't true. Montesquieu is cited more times (11) in more essays (4) than Plutarch (3, 3). Heck, the Abbé de Mably is cited as often as Plutarch. And what do citations even tell us? Locke isn't cited at all...
Secretary of State Marco Rubio spoke at the Acropolis, invoking ancient Greece to call for an "unapologetic pursuit of national power" and urging the West to reclaim its core traits of ambition and risk-taking. #politics #News
I keep waiting for more coverage of this. Affirmative action for men is out of control. The silence from the “merit first” types on this really undercuts their integrity
“UChicago’s national ranking for selectivity, currently No. 4, depends crucially on its rejecting so many women. Its selectivity of men alone would drop it out of the top 10. By contrast, Chicago’s selectivity for women alone would place it in the first position in the country.”
Ooooooo
This is a _very_ intriguing article. Scott Jones, 135 Yale LJ 1768 "the Constitution...permitted both the fundamental liberty interests of Black people alleged to be fugitives...to be adjudicated outside of Article III." yalelawjournal.org/note/the-fug...
As far as made up judicial BS goes, the activity/inactivity distinction gets most of the love in the Obamacare case, but the Medicaid holding is truly bonkers. How are you supposed to operationalize this rule? What is the rule again anyway???
Excited to read this new paper by @jmichaels.bsky.social! I already love the title! papers.ssrn.com/sol3/papers....
The Bowsher Presidency
<div> The power of the purse is the principal source of Congress’s political l<span>everage over the executive branch. Yet in recent years, presidents have&nbs
papers.ssrn.com
Ahead of the first Supreme Court oral arguments for the 2026 term, I have published an Essay in @yalelawjournal.bsky.social on the blockbuster Suncor v. Boulder case, which could decide whether states are able to hold fossil fuel companies liable for climate harms: yalelawjournal.org/essay/the-co...
The Collision of State Climate Tort Suits with Federal Deregulation | Yale Law Journal
For decades, state tort law has provided a mechanism for addressing environmental damage even if the cause is transboundary in nature. This Essay argues that...
yalelawjournal.org
The 2026 BU Law Review Conference, Oct. 21-24: "Presidentialism and the Escalation of Executive Power" Pre-note by Cass Sunstein, Oct 21 Keynote by Ricky Revesz, Oct. 23 8 panels Oct 22-24: On Con Law/History, Admin, Immigration, Advocacy, Restoring Democracy Schedule: www.bu.edu/law/engageme...
Presidentialism and the Escalation of Executive Power | The 2026 BU Law Review Conference | School of Law
bu.edu
Bipartisanship I can believe in
Sliwa getting a flu shot: This could be very embarrassing. I’m supposed to be a tough guy, right? Mamdani: I can hold your hand. Sliwa: What happens if I faint? Mamdani: I got you. Doctor: You’re in great hands, literally. New Yorkers can find free flu shots and locations at nyc.gov/healthmap