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Final version: The Standing Realignment | The Supreme Court Review: Vol 2025,
By Paz and Re
journals.uchicago.edu/doi/10…
Richard M. Re retweeted
Download of the Week: "Sanctuary and the Data State" by Marouf & Pham: legaltheoryblog.com/?p=11445…
Richard M. Re retweeted
Engstrom, Marcus & Setzer on Managerial Courts: legaltheoryblog.com/?p=11427…
Richard M. Re retweeted
Eichensehr on the Major Questions Doctrine, Exceptions, and Foreign Affairs: legaltheoryblog.com/?p=11411…
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Carl Schmitt and Moral Time Travel, with applause to @StephenESachs (This was both interesting and painful to write.)
casssunstein.substack.com/p/…
Richard M. Re retweeted
1. Our latest, Who Leads in Mass Litigation?, is forthcoming in the Harvard Law Review. With an incredible interdisciplinary team, we took a 20 year dive into lawyers steering multidistrict litigation--which accounts for ~40% of all filed federal cases. papers.ssrn.com/sol3/papers.…
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Judicial economy: papers.ssrn.com/sol3/papers.…
Characterizing Agentic Flooding of Government Services
arxiv.org/pdf/2608.16603
Richard M. Re retweeted
Here's a new essay, by @nicholas_bagley and me, discussing Diego Zambrano's exciting new book, How Americans Enforce the Law, on @BzationBlog balkin.blogspot.com/2026/10/…
Richard M. Re retweeted
New paper draft: papers.ssrn.com/sol3/papers.…. Write me with what I got wrong--there's plenty of time to revise before February submissions!
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Does AI Have Rights? More relevant today than when first posted, a few months ago.
papers.ssrn.com/sol3/papers.…
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Legal Theory Bookworm: “Until the Last Yoke Is Broken” by Rebeiro: legaltheoryblog.com/?p=11416…
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Prof. Ryan Williams -- who apparently moved to Brooklyn (congrats!) -- with another banger. On how the Fugitive Slave Act affected the Court's reasoning in Murray's Lessee, and what that teaches us about the origins of the public rights doctrine. Self-recommending. papers.ssrn.com/sol3/papers.…
Richard M. Re retweeted
Thrilled to see this published! I really enjoyed working on this project and learned a lot from researching it. Thanks to the editors at @NwULRev for their work in bringing the article to print.
In “Originalism’s General-Law Turn,” Profs. @NinaVarsava (@WisconsinLaw) & @BWatson_theory (@UIllinoisLaw) argue that general law depended on morality, so identifying constitutional law grounded in general law requires applied moral reasoning. (1/2).
Richard M. Re retweeted
This is from my view of Justice Alito's new collection of essays, for @TheAtlantic.
theatlantic.com/magazine/202…
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"Alito’s nominal adherence to originalism even as he struggles to revamp it is but one indication that the doctrine is becoming a zombie creed that functions more as a shibboleth than as an actual guide to conservative constitutional decision making."
Richard M. Re retweeted
Download of the Week: "Back to Philadelphia? The Uneasy Case for a New Constitutional Convention" by Greene & Pozen: legaltheoryblog.com/?p=11415…
Richard M. Re retweeted
Tune in now at vthepeople.org for our first panel of the day on the history and traditions of Article V!
























