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Michael Herz

@michaeleherz

Law prof @cardozolaw.bsky.social https://cardozo.yu.edu/directory/michael-eric-herz

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22.11.2024
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Latest posts by Michael Herz @michaeleherz

The Deep Causes of The Shallow State - Administrative Law Ganesh Sitaraman, The Secular Decline of the American State, 100 NYU L. Rev. 2197 (2025).Michael E HerzA year into the second Trump administration, the 47th president has done a pretty darn impressive...

Before we rebuild, we need to diagnose. You could do a lot worse than this (as depressing as it is).

18.02.2026 19:58 πŸ‘ 5 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0
Washington, Patton, Schwarzkopf, and . . . Ashcroft? In the Supreme Court, the halls of Congress, and elsewhere, the Attorney General and the Solicitor General are often addressed as "General," as if the

Perfect. (Same for Assistant, Associate, and Full Professors?) Pace @joshchafetz.bsky.social , I still think calling the AG and SG "General" is nuts. ssrn.com/abstract=366...

23.01.2026 14:15 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.

This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!

Thread of topics we will cover:

11.11.2025 21:27 πŸ‘ 34 πŸ” 22 πŸ’¬ 1 πŸ“Œ 4
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I use Claude (an AI) to scan my posts for spelling and grammar errors. On the most recent post (about the East Wing, link below), I got a really amazing addendum.
www.pbump.net/o/yes-most-a...

30.10.2025 15:03 πŸ‘ 2997 πŸ” 1041 πŸ’¬ 115 πŸ“Œ 113

I wish he had made more of the central, most important, number one, fundamental feature: efficiency.

21.10.2025 23:06 πŸ‘ 4 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Which, alas, is also true of essentially everyone asking the questions as well. Congressional hearings are 99% performance, 1% substance. (Though Bondi was truly appalling.)

08.10.2025 11:47 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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This 1973 Herblock cartoon seems apropos. Though the theft metaphor is off; today the drawing would show Congress dropping its powers off at a thrift shop.

12.09.2025 16:20 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Looking forward to welcoming Michelle Adams back to @cardozolaw.bsky.social to discuss her wonderful book, The Containment. 9/17 at 6pm. Extra bonus: James Forman and Alex Reinert. Not to be missed! Details and registration: www.eventbrite.com/e/michelle-a...

02.09.2025 11:33 πŸ‘ 2 πŸ” 0 πŸ’¬ 2 πŸ“Œ 0

native washingtonian here. i've lived in this area my whole life. i've never felt less safe than i have in the past couple weeks.

25.08.2025 15:33 πŸ‘ 439 πŸ” 89 πŸ’¬ 19 πŸ“Œ 8
Exit Strategy NYC - The Ultimate NYC Subway App for iPhone

Exit Strategy is better. www.exitstrategynyc.com

21.08.2025 13:59 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
Chart showing risk of being murdered in the subway if you rode 500 times last year (0.4 in 100,000) versus other risks such as that of dying in a traffic accident in the US last year (12.1 in 100,000)

Chart showing risk of being murdered in the subway if you rode 500 times last year (0.4 in 100,000) versus other risks such as that of dying in a traffic accident in the US last year (12.1 in 100,000)

The subway risk chart you've been waiting for (Sawyer County, Wisconsin, is where Sean Duffy is from). Gift link: www.bloomberg.com/opinion/arti...

21.07.2025 13:23 πŸ‘ 3710 πŸ” 1219 πŸ’¬ 83 πŸ“Œ 106

@bradlander.bsky.social showing why he would have been a great mayor (and will, I trust, be a great something or other in a Mamdani administration)

27.06.2025 22:00 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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Opinion | This Is Brad Lander’s New York

www.nytimes.com/2025/06/18/o...

18.06.2025 19:28 πŸ‘ 87 πŸ” 10 πŸ’¬ 10 πŸ“Œ 3
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StreetsPAC Ranks Lander #1 for Mayor, Offers Other Picks for Comptroller, Beeps and Council - Streetsblog New York City The livable streets political action committee says Lander's plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any…

NEW: StreetsPAC recommends that voters rank Comptroller Brad Lander first for mayor, saying his plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any office." buff.ly/WgU5qEr

11.06.2025 16:34 πŸ‘ 34 πŸ” 14 πŸ’¬ 1 πŸ“Œ 2
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10.06.2025 21:47 πŸ‘ 5 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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10.06.2025 21:47 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Judicial Deference and Presidential Power Under the Alien Enemies Act Legal scholar discusses where judges have and should draw the line on judicial deference to the President in Alien Enemies Act litigation.

Judicial Deference and Presidential Power Under the Alien Enemies Act

By @becingber.bsky.social

A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. β€œpolitical question doctrine”) in #AlienEnemiesAct cases

www.justsecurity.org/113589/polit...

20.05.2025 15:37 πŸ‘ 20 πŸ” 8 πŸ’¬ 0 πŸ“Œ 0
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Here Is Everything That Has Changed Since Congestion Pricing Started in New York Fewer cars. Faster travel. Less honking. And some questions we still can’t answer.

How long can New Jersey and Sean Duffy keep fighting, and misrepresenting, a policy with such sweeping benefits?
www.nytimes.com/interactive/...

12.05.2025 13:26 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

First time I heard that phrase was from Judge Robert Sack at a Cardozo event at which Second Circuit judges discussed judicial reliance (or not) on . . . legal scholarship. (Then Judge Sotomayor's only comment of the night, as I recall, was: "We don't read your articles. Get over it.")

07.05.2025 01:10 πŸ‘ 4 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Trying to pin down Elon's emotional age. The toy badge makes him seem about 5. But the 69420 is more sophisticated, what might give a frisson to an 11-year-old. So somewhere in that range.

29.04.2025 16:11 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Emboldened by spending too much time reading his clippings after the Abrego Garcia opinion?

24.04.2025 21:47 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Going

13.04.2025 14:03 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Started

13.04.2025 14:03 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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DOGE Is Far Short of Its Goal, and Still Overstating Its Progress Elon Musk now says his group will produce only 15 percent of the savings it promised. But even that estimate is inflated with errors and guesswork.

DOGE set out on a hunt for nails, equipped only with a hammer. They have managed to nail a few boards together and, beaming with pride, are shouting "Look what I made!" But it turns out woodworking is more complex.
www.nytimes.com/2025/04/13/u...

13.04.2025 14:03 πŸ‘ 5 πŸ” 2 πŸ’¬ 2 πŸ“Œ 0

Note that DOE went through n&c in adopting the original definition (2013); did so again in the Trump administration in replacing that rule with a more forgiving definition; and did so again in the Biden administration when reinstating the 2013 rule.

10.04.2025 00:37 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

There's a conceivable (tho wrong, I think) argument that this is an interpretive rule and so doesn't require notice and comment. But that's a totally different principle. The idea that n&c is not required b/c the Pres ordered the rule withdrawn is completely unfounded, novel, and absurd.

10.04.2025 00:37 πŸ‘ 1 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

Another spectacular hiring year @cardozolaw.bsky.social. Very much looking forward to working with these five new colleagues!

09.04.2025 21:05 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Very pleased to be among the 49 @cardozolaw.bsky.social faculty members to sign this letter to our students.

03.04.2025 14:51 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Today, I joined 78 of my fellow law school deans in signing the following… | William M. Treanor | 40 comments Today, I joined 78 of my fellow law school deans in signing the following letter, issued March 26, 2025: "As deans of law schools, we have a special… | 40 comments on LinkedIn

An excellent open letter from 79 law school deans. But the most striking fact is that well over half of all deans did not sign. It cannot be out of substantive disagreement. Presumably they or their universities have been cowed into silence. www.linkedin.com/posts/willia...

26.03.2025 20:47 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Opinion | America’s Most Powerful Law Firms Won’t Stand Up to Trump Bowing to Trump won’t protect their businesses and clients.

They Are America’s Most Powerful Law Firms. Their Silence Is Deafening. www.nytimes.com/2025/03/25/o...

25.03.2025 14:30 πŸ‘ 91 πŸ” 33 πŸ’¬ 5 πŸ“Œ 3