Nathaniel Donahue
@nwdonahue.bsky.social
Ass. Prof. @nyulaw. Goat aficionado. Grackle enthusiast. Living off the largesse of big noodle.
Honored that my forthcoming article, Before Invention, received the coveted "Highly recommended" from @lsolum.bsky.social !
Lawrence Solum@lsolum.bsky.social · 4mo agoDurrani on Conception and the History of Patent Law Haris Durrani (Harvard University) has posted Before Invention, forthcoming in the Texas Intellectual Property Law Journal, Volume 34, on SSRN. Here is the abstract: This Article is the first comprehensive historical account of a foundational…
The final version of the paper is now published and live, with a greatly expanded application section and some new historical finds. Thanks to everyone who gave me comments and workshopped the piece with me—it’s so much better for everyone’s input! yalelawjournal.org/pdf/01KQD1GF...
yalelawjournal.org
The Yale Law Journal@yalelawjournal.bsky.social · 4mo agoIn his Article, @nwdonahue.bsky.social reconstructs the early American law of officers and the administrative state that changed it. He argues the early law of officers supported and regulated decentralized governance that sits in tension with the Supreme Court’s unitary-executive theory.
Great new essay on the rise and fall of the politics-administration distinction. And a powerful entry in the “the politics of deregulation are more complicated than you think” genre!
Lawrence Solum@lsolum.bsky.social · 5mo agoLegal History Blog: Eilbert on 20th-Century Public Administration legalhistoryblog.blogspot.com/2026/03/eilb...
I really like how this article offers a different answer to the question of removal than either 1) total indefeasible removal or 2) absolutely no removal power. It’s an interesting intermediate position that I don’t think has been adequately considered!
Christine Kexel Chabot@kexelchabot.bsky.social · 5mo ago“The Interstitial Executive” is forthcoming in the BYU Law Review! Historical officer commissions show that the Founding generation recognized Congress’s power to insulate executive officials from political control. papers.ssrn.com/sol3/papers....
I would add: even if you don’t call yourself a legal historian but study history involving law-ish stuff, you’ll find a welcoming, friendly and brilliant group of scholars at ASLH!
Hidetaka Hirota@hidehirota.bsky.social · 6mo agoIf you study legal history, please consider submitting a proposal for the 2026 conference of the American Society for Legal History in Banff, Canada in November! The Program Committee accepts proposals until March 24! #ASLH #legalhistory 🗃️ aslh.net/2026-annual-...
Tom Schmidt isn’t on socials, and I rarely post—not great for coining a term, but we hope you’ll give the Equity Docket a try anyway! A historical way of evaluating what the Supreme Court does with most of its time now: More equity, less shadow, not so interim. papers.ssrn.com/sol3/papers....
Looks like an exciting contribution to the burgeoning church autonomy/history of religious liberty literature!
Hannah Walser@hkpmw.bsky.social · 6mo agoReligion as Private Law (forthcoming @yalelawjournal.bsky.social 2027) is now available on SSRN! Looking forward to comments, questions, and critiques.
How did Chinese state-owned enterprises become some of the world's largest corporations? My latest paper (finally posted on SSRN!) tackles the question.
Friends, can I ask you to spread the word that we have a THREE-YEAR postdoc in American history at Cambridge up for grabs - ANY field, but applications are due March 1 so don't delay - apply, apply, apply! networks.h-net.org/jobs/69790/u...
This article is sure to become a must-cite in unitary executive debates!
Lincoln’s strongest soldiers are the wokes!
Joey Politano🏳️🌈@josephpolitano.bsky.social · 9mo agoI have been given the wokest Christmas gift imaginable
New hot ones challenge just dropped: “Twenty-years-of-research-in-manuscript-sources level spicy”
Holly Brewer@earlymodjustice.bsky.social · 9mo agoTwenty years of research in manuscript sources level spicy. Asking different questions whose answers shifted the paradigm level spicy. 🌶️ It’s a feast of evidence, with cites to more resources than I could fully unpack.
An enormous loss. His work on 19th century state formation and on juries has been invaluable to me. When people learn I’m on the fellowship he helped create, I almost invariably hear stories of someone who he mentored at NYU. He played a huge role in shaping legal history for at least a generation.
Legal History Blog@legalhistoryblog.bsky.social · 9mo ago
None of my friends understood why I was so happy to see this in the mail. 🤷♂️
The subtitle of my next paper…
Gabriel Malor@gabrielmalor.bsky.social · 9mo agoGrand juries. Who knew?
I’ll attempt to live-skeet the Trump v. Slaughter oral arguments at 10 am. I might be considered biased b/c I filed amicus briefs in Slaughter & Cook, with particular historical interpretations. Or I might be considered well-informed. You can judge for yourself. See the summary below & a thread…
Jed H. Shugerman@jedshug.bsky.social · 9mo agoHelpful and concise Brennan Center preview for today’s big case on the unitary executive oral arguments (against the historical claim of an unchecked presidential removal power) Annotated Guide to Historical Amicus Briefs in the Slaughter and Cook Removal Cases www.brennancenter.org/our-work/res...
Helpful and concise Brennan Center preview for today’s big case on the unitary executive oral arguments (against the historical claim of an unchecked presidential removal power) Annotated Guide to Historical Amicus Briefs in the Slaughter and Cook Removal Cases www.brennancenter.org/our-work/res...
Annotated Guide to Historical Amicus Briefs in the Slaughter and Cook Removal Cases
As the Supreme Court prepares to hear arguments in two cases challenging the removal of independent agency heads, several historians and legal scholars have filed friend-of-the-court briefs focused on...
brennancenter.org
Missed this when it was originally uploaded, but "Conscription's Constitution" by Gerard Magliocca looks fascinating: papers.ssrn.com/sol3/papers....
Conscription's Constitution
This Essay examines the military draft in constitutional practice and argument. The constitutionality of national conscription is clear, but what that means for
papers.ssrn.com
Yet another example of money taxes and specialized equipment displacing compulsory labor!
Chris Goodman@cbgoodman.co · 9mo agoIf you go to any college campus (in the northern half of the country) in the winter, this is how they deal with snow. You can cover a ton of ground very quickly. There’s no reason this can’t be done everywhere.
Okay so everyone rags on the em dash as a hallmark of AI writing. Am I the only person who uses them like all the time?
Holly Brewer@earlymodjustice.bsky.social · 10mo agoTo “my students and to anyone who might listen, I say: Don’t surrender to AI your ability to read, write and think when others once risked their lives and died for the freedom to do so.” www.huffpost.com/entry/histor...
