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Justice Kavanaugh’s Institutionalism

Just before Thanksgiving, I had the opportunity to present at the University of St. Thomas Journal of Law & Public Policy’s fall 2022 symposium on “Constitutionalism.” It was an excellent event–the students were engaged in thoughtful, I learned a great deal from my co-presenters, and Minneapolis is a fun city. I presented a draft paper…

Conservative Yale Law Students Are Conservatives

Don’t boycott conservative YLS students because they aren’t ideologues. In a recent post on the Volokh Conspiracy blog, Professor Josh Blackman defended Fifth Circuit Judge James Ho’s plan to stop hiring law clerks who had attended Yale Law School.  Judge Ho announced the plan in remarks he gave—somewhat ironically titled “Agreeing to Disagree — Restoring…

The Lia Thomas Paradox

A fundamental tenet of the transgender rights movement is that a person’s sex (i.e., their secondary sexual characteristics) is distinguishable from their gender (i.e., their sense of themselves as male or female).  This is why—despite the fact that gender dysphoria remains listed in the Diagnostic and Statistical Manual—we do not consider transgender people to be…

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