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 paperContinue reading “Justice Kavanaugh’s Institutionalism”
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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 beContinue reading “The Lia Thomas Paradox”
“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 officialsContinue reading ““Russian Ship, Go Fuck Yourself””
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 legalContinue reading “Republicanizing Scholarship”
The Impossibility of Defining “Hate” Speech
A common misconception is that the First Amendment does not protect hate speech. Even among people who know that hate speech is constitutionally protected, there is a relatively popular belief that it should not be. I disagree, and in this post I’ll explain why. In 1988, the University of Michigan, like hundreds of colleges andContinue reading “The Impossibility of Defining “Hate” Speech”
On Collin Morikawa and Microaggressions
Last weekend, 23-year-old Collin Morikawa became third-youngest player to win the PGA Championship. Only three other people have won the Championship–one of four “major” PGA Tour events–before turning 24, and their names are known even outside of the world of golf: Jack Nicklaus, Tiger Woods, and Rory McIlroy. Morikawa was in contention all weekend, andContinue reading “On Collin Morikawa and Microaggressions”
Chauvinisms 