I love this paper, and it's a good excuse to finally post my own forthcoming chapter on age and local government law.

papers.ssrn.com/sol3/papers.cf…

That seniors run the show is something everyone in local gov knows--but not something we talk about in the legal literature.

In “Intellectual Property and the Myth of Nonrivalry,” James Y. Stern argues that rivalry concerns desires about a good that are incompatible with the desires of others, rather than conflicts about active use of a resource. He applies this theory to IP. ndlawreview.org/2024/04/intell…

New to SSRN: My paper “Chenery II Revisited,” which is forthcoming in the administrative law issue of the Gᴇᴏ. Wᴀsʜ. L. Rᴇᴠ. papers.ssrn.com/sol3/papers.cf… 1/

[Samuel Bray] Is the Bell Tolling for Universal Injunctions? ift.tt/CEjAv83

Thread: Here's what still troubles me about the New York case.

Everyone says the case is not about hush money, it's really about election interference and depriving the voters of important information. But how does that theory work, exactly? 1/

My new one Los Angeles Times: “Why it’s hard to muster even a ‘meh’ over Trump’s New York criminal trial” latimes.com/opinion/story/…

I wrote the Foreword, 'Making History,' which puts the other pieces in the Collection in conversation with each other... and also adds my own two cents on the Court's efforts to make and remake history. yalelawjournal.org/forum/making-h…

New Paper 🚨: I've just posted @ssrn an empirical paper testing the theory, floated during oral argument in Loper Bright, that Chevron deference causes legislative stagnation (presumably a bad thing). papers.ssrn.com/sol3/papers.cf… 1/9

ailawblawg.com/2024/04/12/re-…

I tend to read according to my research agenda. I’ve finally had reason to read ⁦Adam Winkler⁩’s “We the Corporations: How American Businesses Won Their Civil Rights.” So far it’s a tour de force. It’s a great read and I’m learning much. a.co/d/gzS6Udd

Very grateful to Lawrence Solum for highly recommending my recent article, Constitutional Rights as Protected Reasons, and encouraging folks to 'download it while it's hot.' lsolum.typepad.com/legaltheory/20…

Link to my article on @ssrn here: papers.ssrn.com/sol3/papers.cf…

The Outrage Heuristic. (Relevant to life, politics, business, sports.)
papers.ssrn.com/sol3/papers.cf…

Remarks on Charles Fried, law, and life

My thanks. It’s a very fair review that highlights some areas of disagreement but recognizes that these are complex issues. It’s the kind of engagement any author should welcome. And I did!

Critical Race Studies at UCLA is hiring the inaugural Laura E. Gómez Teaching Fellowship on Latinx People and the Law. The position will commence THIS July, and we are looking for future legal academics to apply. Any questions -- send my way! recruit.apo.ucla.edu/JPF09331

It was such a treat to participate in a symposium honoring Judith Resnik last year, and to write about the ways judges manage not just their dockets but each other —

what I call “Judicial Management Inside the Courts.”

papers.ssrn.com/sol3/papers.cf…

Download of the Week: 'Dormant Commerce and Corporate Jurisdiction' by Sachs, lsolum.typepad.com/legaltheory/20…

🚨 In “After Courts,” our sequel to “Democratizing the Supreme Court,” ⁦Ryan Doerfler⁩ and I propose mechanisms for constraining the interpretive power over statute of the federal courts-or shuttering them altogether! papers.ssrn.com/sol3/papers.cf…

New paper by Randy J. Kozel on the law of en banc review. Of interest to public law scholars and appellate twitter aficionados. papers.ssrn.com/sol3/papers.cf…

Thank you so much to @binsky for this generous Jotwell review of my new paper, Default Procedures, forthcoming in University of Pennsylvania Law Review.

It's about default judgments in state ct debt collection cases!

Draft is here: papers.ssrn.com/sol3/papers.cf…

Comments welcome!