Rachel Bayefsky retweeted
New paper up on SSRN - Interbranch Litigation - Comments welcome!
papers.ssrn.com/sol3/papers.…
Rachel Bayefsky retweeted
Bayefsky on Tradition and the Federal Judicial Power: legaltheoryblog.com/?p=11440…
Here's my piece on Tradition & Federal Judicial Power: papers.ssrn.com/sol3/papers.… - examining/critiquing the Supreme Court's turn to tradition in several contexts involving federal judicial power, incl. standing, equitable remedies, non-Article III courts, and more! Comments welcome
Rachel Bayefsky retweeted
New draft paper on SSRN: "Fact Avoidance," forthcoming in @HarvLRev Supreme Court Issue.
This Essay identifies a recurring feature in SCOTUS case law, where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1
My piece on recent Supreme Court foreign relations cases and the functions of transnational litigation: tlblog.org/value-beyond-pric…
My post on the Supreme Court's recent Second Amendment case Wolford v. Lopez and the problem of "bad traditions": blog.dividedargument.com/p/r…
Happy to share that my article "Tradition and Feminism in Constitutional Rights Adjudication" is now out: virginialawreview.org/articl…
It tackles the problem of "bad traditions": what do traditionalists do about longstanding practices that are rooted in views we would now consider immoral?
Review of my article on Tradition and Feminism in Jotwell: equality.jotwell.com/traditi…
Rachel Bayefsky retweeted
Francus on Purdue Pharma and Statutory Interpretation, legaltheoryblog.com/2026/02/… - Michael Francus (University of Virginia; University of Notre Dame – Notre Dame Law School) has posted The Truth About Consequences: Purdue Pharma’s Lessons for Statutory Interpretation on SSRN.
Submit to the Junior Fed Courts Workshop! Info here: law.ku.edu/junior-faculty-fe…
Rachel Bayefsky retweeted
Prof. @RachelBayefsky has won @TheAALS Junior Scholarship Award for her article “Judicial Institutionalism.” Prof. @PAhdout earned an honorable mention. law.virginia.edu/news/202512…
Rachel Bayefsky retweeted
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.…
Rachel Bayefsky retweeted
Kudos to Prof. Bayefsky....traditionalism, if viewed as a throughline, rather than resurrection of the ancient, can be a powerful antidote to regression.
This quoted post is unavailable.
I argue that a concern for tradition, properly understood, contains resources to guide an approach toward constitutional rights adjudication that can be conducive to, rather than hostile to, women’s rights.
Rachel Bayefsky retweeted
Yesterday marked the start of our inaugural Legal Philosophy and Constitutional Theory Junior Scholars Conference, featuring a series of dynamic presentations and engaging discussions on foundational questions at the intersection of law and philosophy.
Presentations will continue through the end of the day today. We are grateful to all the scholars who have contributed their insights so far, and look forward to our remaining discussions!
