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…
“Russian Ship, Go Fuck Yourself”
Like most of the world, I have spent the last several days watching with fascinated horror as the cartoonishly evil Vladimir Putin has used Ukraine’s aspiration to join a purely defensive alliance as an excuse to further invade yet another sovereign nation. It’s been a surreal experience. If publicly reported assessments from US intelligence officials…
Conspiracy Theories and the Perils of Government Error Correction
On October 8, the LSU Law Journal for Social Justice & Policy will be hosting a symposium on “Conspiracy Theories, Disinformation, and Civil Rights.” The symposium will take place via Zoom, and promises to be an interesting affair. I was selected as one of the participants for the symposium. Here is the abstract for the…
Performative Law
A few weeks ago, I visited Princeton, New Jersey with some friends. One of them is a Princeton University alumnus, so we spent some time wandering around campus with him while he showed us some of his old haunts. Princeton is an absolutely gorgeous campus, and the experience had me itching to go back to…
The COVID-19 Response and Psychological Trauma
In the Spring of 2022, the Nova Law Review will hold its annual symposium. Next year’s symposium is entitled “Under Pressure: Legal and Systemic Responses to the Psychological Trauma Associated with COVID-19.” At the symposium, “academics, scholars, practitioners, and stakeholders” will come together to discuss “the legal impact of the psychological trauma produced by COVID-19…
Republicanizing Scholarship
I recently read Brian Frye’s article “Deodand,” which will be published in the Seattle University Law Review. In the article, Brian argues that legal scholarship should be viewed as an art form. Drawing inspiration from Yoko Ono’s Grapefruit, he offers several “pieces” in which he instructs the reader on how they too can make legal…
How Lawyers Eat Apples
Like most people, I am not a horse. For this reason, I’ve always hated the expression “one bite at the apple” in legal writing. For those who didn’t spend three of their prime years trying to memorize the rule against perpetuities and stress-eating ice cream for breakfast, the “one bite at the apple” is a…
Isolation and the Brain
Both occurrences stood out to me because they were ordinary. Yet they evoked such strong emotions that they felt extraordinary. And in a way, given how rarely I get to associate with people face-to-face these days, they were extraordinary.
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Chauvinisms 