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 paperContinue reading “Justice Kavanaugh’s Institutionalism”

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 — RestoringContinue reading “Conservative Yale Law Students Are Conservatives”

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 theContinue reading “Conspiracy Theories and the Perils of Government Error Correction”

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 aContinue reading “How Lawyers Eat Apples”