At least 11 congressmen from 1865-1871 were arguably not citizens under Trump's interpretation of 14th A, our research finds. Yet no one challenged their eligibility to serve. Why not? Obviously, b/c no one who drafted or ratified the 14th A shared Trump's view.
papers.ssrn.com/sol3/papers....
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
Great piece by @jbfischman.bsky.social on the partisan polarization of appellate judges regarding the granting and denying of universal injunctions. download.ssrn.com/2025/9/3/543...
Can colleges consider whether you can be targeted for detention and deportation as a factor in admissions? Applicants could write a short essay on that.
Happy to announce that @anthonytaboni.bsky.social and I have created a new dataset of the Supreme Court's Shadow Docket actions from 1993-2025. A paper describing the data and a website with the data and documentation are here:
www.shadowdocketdata.com/s/kastellec_...
www.shadowdocketdata.com
Courage is contagious.
Grateful to the Harvard Law faculty members who spearheaded a similar letter recently, to the 150 UVA School of Law students who walked out of classes last week, and to the 70 members of the @uvalaw.bsky.social faculty who have signed this letter.
I’m proud of my colleagues at UVA Law who drafted this letter, and I was honored to sign my name to it.
I am delighted to announce that my student Aslihan Asil will join Duke Law School this summer.
Asli has several terrific papers at the intersection of law and economics and her job market paper is a timely analysis of the pro-competitive effects of the Robinson-Patman Act.
www.aslihanasil.com
Title: Both Liberal and Conservative Judges Rule Against Trump Description: A scatter plot showing the rulings of judges against or in favor of Trump, categorized by ideology using the DIME score. The x-axis represents Judge Ideology (DIME Score), ranging from liberal (-1) to conservative (1), and the y-axis represents the case outcome (against or for Trump). • Blue dots represent liberal judges, purple dots represent moderate judges, and red dots represent conservative judges. • Some judges are labeled, including Rudolph Contreras, Lauren King, John Coughenour, and James Emanuel Boasberg on the liberal to moderate side, and Carl Nichols, Richard J. Leon, and Joseph N. Laplante on the conservative side. • A note mentions that Boasberg, though slightly right-leaning, was initially appointed by George W. Bush. • The visualization suggests that judges from both ideological backgrounds ruled against Trump.
1/🧵 Judges across ideological lines are ruling against Trump at strikingly similar rates (84% liberal, 86% centrist, 82% conservative). This isn't partisan opposition to Trump—it's the judiciary functioning as intended by cutting across partisan lines to uphold the Constitution.
My paper, "Mass Versus Donor Attitudes on the Importance of Supreme Court Nominations," (co-authored with Brandice Canes-Wrone and Nicolas Studen) is now available at @apsrjournal.bsky.social
www.cambridge.org/core/journal...
Professor Alison Gocke (Professor at @UVALaw) has won the 10th annual Morrison Prize from @ASUCollegeofLaw for her article, "Public Utility’s Potential," published in the @YaleLJournal.
buff.ly/AxLjO3u
Abstract for article on "Federalism and the New National Security"
New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review.
Comments welcome!
papers.ssrn.com/sol3/papers....
Prof. Deborah Hellman has been awarded the American Philosophical Association 2024 AI2050 Prize for Established Researchers for her article “Measuring Algorithmic Fairness,” published in the Virginia Law Review.
So this happened! 🥳
Honored and grateful for my colleagues’s support and all the professors/mentors along the way (and the students I’ve gotten to teach and learn from!).
And many, many thanks to the 10 anonymous letter writers out there for whatever perjury they committed. I owe you drinks.
So excited that @marinklevy.bsky.social's fantastic new book is finally out there in the world!!!
Some exciting news: today my UVA Law faculty colleagues voted to recommend me for tenure. Hoping to spend many more years in this community of brilliant scholars and students!
![The Continued Independence of the Judiciary [2024 NLC]](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:nwnlnixtjh3qhkwpz2uy5uwv/bafkreih7rxfkarjwfopyi2imo26qrzmito6ebsr4ixng364e2payvrpubq@jpeg)
Seeing media reports portraying yesterday's Fed Soc panel on "judicial independence" in disappointingly equivocal terms.
I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:
www.youtube.com/watch?v=-DBl...
Haven't thought that far ahead. Soups, salads, Mexican dishes?
I've been meaning to try Rancho Gordo. What beans should I start with?
A great scholar and friend — there is a lot more to say about Fred’s life and work, but this is a good start, with thanks to Mary Wood for writing it:
www.law.virginia.edu/news/202409/...
