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Call for papers! The University of Chicago 2025 Constitutional Law Conference seeks papers on any aspect of constitutional rights. Submit here: law.uchicago.edu/form/con-law-c…

Reminder: Submissions for the Legal Philosophy & Constitutional Theory Junior Scholar Conference are due on November 30, 2024! Scholars will receive a $1,500 honorarium, dedicated senior scholar commentary, and more. law.georgetown.edu/constitution-c…

Francisco Urbina just posted “The Object of Interpretation.” The Notre Dame Law School legal theory group discussed it at our monthly lunch yesterday and it’s a must-read. papers.ssrn.com/sol3/papers.cf…

I very much enjoyed presenting at USanDiegoLaw's Originalism Works in Progress conference last weekend. Thanks to Jack Balkin for the commentary. The paper will appear in Nᴏᴛʀᴇ Dᴀᴍᴇ L. Rᴇᴠ. (Notre Dame Law Review); a draft is here: papers.ssrn.com/sol3/papers.cf….

Excited to share that my latest article, coauthored with Matthew Krauter, is forthcoming in the University of Pennsylvania Law Review. The Untold Story of the Proto-Smith Era: Justice O'Connor's Papers and the Court's Free Exercise Revolution. SSRN Link here, and comments welcome: papers.ssrn.com/sol3/papers.cf…

Thank you Lawrence Solum for the recommendation! lsolum.typepad.com/legaltheory/20…

Good to see this very important article by Tyler Lindley getting the attention it deserves here in Justice Thomas's separate opinion in Williams v. Reed.

My article "What Are We Debating When We Debate Legal Interpretation?" is now on SSRN and is forthcoming in the BU Law Review. Comments and objections are very welcome! papers.ssrn.com/abstract_id=51…

Francisco Urbina strikes again! I just started reading this one, and--no surprise--it's terrific.

Given what is happening across government agencies, it seems appropriate to post a new paper by Cree Jones, Thomas Smith, and I called "Testing the Independence Hypothesis," forthcoming 2025 in the ALR. (papers.ssrn.com/sol3/papers.cf…) 1/

New article, link below! (Sorry, repost, tweaked)

This article critiques traditional theories of precedent that limit its legal effect to cases directly covered by its holding & argues that using analogies suggests precedents can have broader #legal implications. Read: spkl.io/6017fqLFc Subscribe: spkl.io/6012fqLFo

Timely and interesting

Another great paper by Tyler Lindley! I defend a related thesis in "Does the Law Ever Run Out?," out soon in Nᴏᴛʀᴇ Dᴀᴍᴇ L. Rᴇᴠ. (Notre Dame Law Review). Tyler and I drafted our articles independently and were pleased to discover that they are mutually reinforcing after we exchanged drafts.

Worth a read, builds on his groundbreaking s 1983 article from last year: law.ua.edu/wp-content/upl…

New paper—argues not all conlaw has the same structure; some is really private law. It matters because there are different justifications for private and public conlaw; the reasons for, and scope of, adjudication differ; and private conlaw could downplay conlaw. SSRN:

#HabemusPapam Praying for our new and first ever American pope!