Con Law Prof and Director of Yale's Information Society Project and Abrams Institute for Free Expression
Branford, CT
Joined September 2009
- Tweets248
- Following507
- Followers8K
- Likes0
Stuck in the Middle with You: The Constitution between Regimes. My latest on SSRN. This essay applies the analysis of my 2020 book, The Cycles of Constitutional Time, to the present day. Sad to say, things are not looking good.
papers.ssrn.com/sol3/papers.…
How technological change produces constitutional rot. My latest on SSRN:
papers.ssrn.com/sol3/papers.…
From Off the Wall to On the Wall: How Social Power Shapes Legal Reason. My latest, on SSRN, with discussions of Bush v. Gore, Obamacare, and the birthright citizenship case.
papers.ssrn.com/sol3/papers.…
How the Modalities Work: Constitutional Interpretation as Problem Solving
My latest, on SSRN.
papers.ssrn.com/sol3/papers.…
The Supreme Court Meets the Free Speech Triangle.
My latest article discusses Moody v. NetChoice. It's now available on SSRN.
papers.ssrn.com/sol3/papers.…
What Lawyers Want From History.
My latest, on SSRN.
papers.ssrn.com/sol3/papers.…
We Are All Cafeteria Originalists Now (and We Always Have Been). My latest essay, now on SSRN:
papers.ssrn.com/sol3/papers.…
How to teach constitutional law historically (and why you should)
papers.ssrn.com/sol3/papers.…
The Law of AI is the Law of Risky Agents Without Intentions. My latest article, written with my friend Ian Ayres.
papers.ssrn.com/sol3/papers.…
I've just uploaded my latest article to SSRN. It's called Rabbi Akiva and the Crowns: A Parable of Constitutional Fidelity, and its about how we interpret an ancient constitution in modern times.
papers.ssrn.com/sol3/papers.…
Want to understand originalism, living constitutionalism, and how the Supreme Court is using "history and tradition" to change the law? I have a book for you! Published today: Memory and Authority: The Uses of History in Constitutional Interpretation.
amazon.com/Memory-Authority-…
You can also preorder my new book, Memory and Authority: The Uses of History in Constitutional Interpretation, through the Tertulia co-op bookstore.
tertulia.com/book/memory-and…
Available now for preorder and coming out this Tuesday! My new book, Memory and Authority: The Uses of History in Constitutional Interpretation.
amazon.com/Memory-Authority-…
Where We are in Political Time - The Post- Reagan Interregnum and Trump's Revolutionary Politics
balkin.blogspot.com/2023/06/…
The conservative legal movement did not have a majority on the Court until 2018. Once that happened, Roe's demise became almost certain. Entrenchment of movement-identified legal conservatives, and not simply Republicans, was the key to overturning Roe.
papers.ssrn.com/sol3/papers.…
How partisan entrenchment led to Dobbs and what comes next.
Political parties shape the decisions of the courts, but the decisions of the courts affect the fate of political parties.
papers.ssrn.com/sol3/papers.…
I'm looking forward to seeing all the members of the Yale ISP family at our 25th reunion on September 30-October 2nd.
law.yale.edu/isp/events/isp-…
My latest essay, Constitutional Memories, on collective memory in constitutional law. Building on the work of Peggy Cooper Davis, Dorothy Roberts, Andrew Koppelman, and my colleague Reva Siegel.
papers.ssrn.com/sol3/papers.…