Indigeneous People’s Day is a good time to post this link to Manvir Singh’s 2023 New Yorker article arguing that our concept of indigeneity is not only fundamentally confused but also a relic of European colonialism. newyorker.com/magazine/2023/…
Florida is proof that elevating landuse decisions to state-level agencies can sometimes exacerbate NIMBY barriers to new housing: FL’s Dep’t of Commerce reviews local plan amendments affecting >10 acres — a double veto giving neighbors a second chance to stop new projects.
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SCOTUS in Cook invoked the Banks of the US as precedent for upholding the Fed’s independence. But that’s pure amnesia: As @narosenblum and I explained, Congress rejected the BUS in 1841, because the Bank was too unaccountable to popular control. prawfsblawg.com/cook-v-trump…
Anyway, the argument might be of interest to historically oriented law profs like @adityabamzai @jedshug @jdmortenson @WilliamBaude And, yes, I am glad that SCOTUS got the history wrong: I like the Fed’s independence! Better amnesia from the Court than Peronism in the government.
It is perplexing to me that Hawaii did not “SB 8” its switch in its property default rule on guns in Wolford: Why didn’t the legislature leave enforcement exclusively to the private property owners, thereby obstructing standing and even possibly existence of state action?
Another blow to the presumption of regularity, this time delivered by Judge Kyle Dudek, a Trump appointee: “[DOJ’s] request for a do-over…is a masterclass in litigation cynicism…. Give me a break.” storage.courtlistener.com/re…?
In light of “Gulf of America,” Trump’s being logically consistent here: He names places after the power that controls them.
“Martin’s nomination was derailed after Sen. Thom Tillis (R-N.C.), a member of the Judiciary Committee considering the nomination, balked at [Martin’s] views on the Jan. 6, 2021, riot at the US Capitol.” How’re Pirro’s views any better than Martin’s? bloomberglaw.com/product/bla…
Here’s why Sean Duffy cannot block MTA’s congestion pricing scheme. TL;DR: A deal’s a deal. USDOT cannot rescind on a whim the contract that USDOT made w/ NY. As for Duffy’s threats to cut off grants unless NY surrenders, that’s unconstitutional extortion. vitalcitynyc.org/articles/ca…
Anyway, the piece might have interest for transportation/local gov’t wonks like @henrygrabar @greg_shill @jonorcutt @bfurnas @Komanoff and admin law folks like @jadler1969 @nicholas_bagley @davidckamin @Jennifer_Nou
“…’every DOJ attorney is required to zealously advocate on behalf of the United States. Any attorney who fails to abide by this direction will face consequences,’ Bondi said.” But DOJ’s defiant stone-walling loses cases: That’s incompetent, not “zealous.” politico.com/news/2025/04/05…
Just curious: Do I have TDS? Because it strikes me as really weird that a DOJ attorney just told a judge that their client (DHS) refuses to give adequate answers to the attorney’s requests for information or follow the attorney’s advice? pbs.org/newshour/politics/ju…
This weird line in Trump’s EO is a tell that MAGA folks really believe in and care about whiteness and blackness. The idea that “race is not a biological reality but a social construct” was the mainstream “color-blind” conservative view prior to MAGA.
Trump’s top-level defense team accidentally included a journalist on a Signal text chain discussing plans to bomb the Houthis. They were counting on an encryption app to safeguard nat’l security, but they didn’t double-check the recipient list. theatlantic.com/politics/arc…
In case you were wondering, yes, foreign intel can crack Signal’s encryption and monitor Signal texts. That’s how European police have busted drug gangs. Our govt’s discussions of war plans are visible to any hostile power w/ a half-decent intel operation. newyorker.com/magazine/2023/…
DHS apparently based decisions to abduct Venezuelans and send them to El Salvador prison on guesses about the meaning of tattoos and sign language. As @IlyaSomin and @steve_vladeck note, procedural due process, was totally absent here: Kafka couldn’t concoct such buffoonish evil.
My essay on Xi’s move away from the Hu-Wen regime’s more liberal brand of authoritarianism. Hypothesis: China’s inability to systematize the CCP’s succession of leadership impedes the CCP’s ability to protect dissenting voices and free flow of information. papers.ssrn.com/sol3/papers.…
Theoretical Inquiries has given me 2 months for substantive revisions, so I’d appreciate feedback from both China experts and political theory folks like @ZhangTaisu @MargaretKLewis @NeysunM @stasavage @jtlevy @yuenyuenang @rorytruex @mollyeroberts @onglynette @mattinglee
Fascinating story of petty shakedowns that apparently occur regularly in India. In my 7 years’ living in Shanghai, I never experienced this sort of thing. @yuenyuenang explains how the CCP eliminated such petty graft by giving cadres a stake in the Party’s long-term success.




