With only a few exceptions, these orders have zero legal effect. They change nothing about the government's obligations. They change nothing about the law. They're just ... statements. Glorified press releases, if you will. /fin

A must-read paper. Potential implications for void-for-vagueness doctrine, the law of judgments, and other subjects beyond its immediate scope.

Debating Birthright Citizenship (Again) reason.com/volokh/2025/01…

Excited to announce that my article, The Original Meaning of Section 1983 and Official Immunity, has been published in the Kansas Law Review papers.ssrn.com/sol3/papers.cf…

ATTN: LAW REVIEWS My Institute for Justice colleague Daniel Nelson & I have submitted our article "Section 1983 (Still) Displaces Qualified Immunity." Building on the work of William Baude & Alex Reinert, we trace the history of #QualifiedImmunity and import of its lost "Notwithstanding Clause." 1/

New article forthcoming in UChicago Law Review; comments welcome. This one is special for me as a proud former UChicago Law Review AE! papers.ssrn.com/sol3/papers.cf…

1/3 The Supreme Court hears oral argument today in a case that implicates the original meaning of the Fifth Amendment Due Process of Law Clause.

Very interesting forthcoming article: Josiah Rutledge, Confrontation at Sentencing, papers.ssrn.com/sol3/papers.cf…. In-depth analysis of the original meaning of the Confrontation Clause; persuasively argues that the right of confrontation applies at the sentencing phase of trial.

An interesting piece on the use of presentments for misconduct of government officials: openyls.law.yale.edu/bitstream/hand…

"Highly Recommended. Download it while it's hot!" Lawrence Solum's blog is an incredible service to the academy, I'm grateful for the recommendation on my new article, "Reconstructing Section 1983," forthcoming in the Nᴏᴛʀᴇ Dᴀᴍᴇ L. Rᴇᴠ. (Notre Dame Law Review). Link👇 papers.ssrn.com/sol3/papers.cf…