Gaurav Mukherjee

Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️

CfP: announcing the 8th L&H Roundtable workshop 'Visions of Democracy in Art and Literature' @tcddublin.bsky.social on 19 Jun 2026. Submit abstracts to Roisin.acostello@tcd.ie by Fri 6 Feb @legalhumanities.bsky.social @sophiedoherty.bsky.social @dkennytcd.bsky.social @drelenacooper.bsky.social 👇

Self-Accommodation, papers.ssrn.com/sol3/papers...., is now published! It's part of a wonderful University of California Health Humanities Press collection, “Legal Determinants of Health: From Incarceration to Accessibility,” edited by Brian Dolan and Juliet McMullin.

Welfare cuts are fuelling far right rise, warns UN expert NEW YORK – The rolling back of protections for people living in poverty has created fertile ground for far-right movements across the world, warned the Special Rapporteur on extreme poverty and human ...

Social protection is a human right.

In a new report, UN Special Rapporteur on extreme poverty and human rights @deschuttero.bsky.social warns that weakening social protection fuels the rise of far-right populism.

Read more:

Pleased to share that the Kennedy School has been authorized to conduct a faculty search in American politics

This is as an extraordinary opportunity for us - please share widely with your networks and consider applying

academicpositions.harvard.edu/postings/15418

al procedure revolution, and just a few years into the Roberts Court’s full-throated embrace of originalist jurisprudence. Whether many of the protections we have come to know and recognize from the Warren Court—the exclusionary rule, Miranda warnings, and Gideon’s mandate— are subjected to re-evaluation under a “history and tradition”- style analysis and, if so, whether they survive that analysis, remains to be seen. At the same time, state courts and constitutions offer the same hope now as they did at the onset of judicial federalism in the 1970s. Attorneys for criminal defendants sought refuge in the states to vindicate their rights, and they rejuvenated state constitutions as independent sources of liberty that can extend beyond the bare minimums of federal protection. However, while these litigants produced changes in case law, those changes were not frequently accompanied by formal constitutional changes. Few state constitutions were amended to include the core criminal procedure requirements, and few changes were even seriously considered.

I’m pleased that my Georgia Law Review article is now out! I did a content analysis of every state constitutional amendment from 1960 to the present that altered any criminal procedure protection—which revealed how few states even *tried* to ratify the Warren Court’s criminal procedure holdings.

Minnesota Law is looking to hire a visiting assistant professor — more details here:

hr.myu.umn.edu/psc/hrprd/EM...

Legal Theory Blog Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!

Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.

This is very good—it’s a true service to/must read for U.S. Judges, on their options as they decide cases about the legality of Executive actions.

(Book Event) Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War - New York Law School Download PDF Invite. DATEFriday, October 10, 2025 TIME9:30 a.m. – 3:30 p.m. ETOptional tour of Tribeca to follow the program. LOCATIONRoom W220New

Excited to join a stellar group of scholars at New York Law School on Oct 10 to celebrate Mark Graber’s Punish Treason, Reward Loyalty. Panels w/ Jack Balkin, Sanford Levinson, Rebecca Zietlow, Henry Chambers & more. I’ll speak at 1:30 w/ M. Henry Ishitani & Heinz Klug.

RSVP: nyls.edu/rjprsvp

Adjectival Constitutionalism Abstract. Constitutionalism “with adjectives” is now a common part of the comparative constitutional law vocabulary. But scholars often use the same adject

academic.oup.com/ajcl/advance...

How should we make sense of the dizzying varieties of constitutionalisms? In a new paper, Rosalind Dixon terms this phenomenon 'adjectival constitutionalism' and suggests four modes of operation: as topic, model, mode, and discourse. Link below

Officially, this is a chat about enumerated powers. In practice, though, it’s a deep exploration of constitutional method and meaning.

In light of the 5th Circuit's important Alien Enemies Act decision, here again is a link to my deep-dive draft paper on what the statute meant in 1798. Updated version coming to SSRN soon. papers.ssrn.com/sol3/papers....

Thanks for the “recommended” tag, Larry!
Excited to share my job-market paper, which uses the recent religious charter school case to show how faith-based entities secure public funds while sidestepping constitutional limits—a phenomenon I term “private disestablishment.”

This is a great read, especially as so many of us are grappling with how to teach constitutional law amid rapid legal and socio-cultural change

A poster with cheersing beer mugs and the LPE NYC logo that say: Summer Happy Hour Loreley Beer Garden (7 Rivington St, New York, NY) Thursday, Aug 28 5:30-7:30pm Come join us in the outdoor patio for happy hour at this Lower East Side tavern featuring German brews, bratwurst, &schnitzel

Our end of summer/back-to-school happy hour is next Thursday, Aug 28th (5:30 - 7:30) at Loreley Beer Garden (7 Rivington St).

Come meet other NYers interested in LPE !!

This is a delight!

My article, "Species of State Constitutional Lockstepping" is forthcoming in the Villanova Law Review!

The piece digs into how state courts interpret state constitutions in lockstep with the federal Constitution, and identifies variations on this practice.

papers.ssrn.com/sol3/papers....

Excited to share my new paper, In Defense of Factual Precedents, forthcoming @uchilrev.bsky.social

When courts determine general facts - like recidivism rates or historical facts - I argue that they should rely on presumptive factual precedents.

papers.ssrn.com/sol3/papers....

Thanks for highlighting, Larry! This chapter argues that education law has privileged parental choice & religious freedom while sidelining equality. I argue for re-centering education as a right that secures both liberty & equality—the foundation of democratic citizenship.

I've posted a draft of my next article, "The Administrative Law of McCarthyism," forthcoming in the Stanford Law Review, on SSRN. Comments and feedback are very welcome!
papers.ssrn.com/sol3/papers....

This is great www.unionthefilm.com, and this classic, of course: www.youtube.com/watch?v=wFH2...

The final version of my "Corruption and the Supreme Court" has been published in the Yale Journal of Law & the Humanities, and is available for download here: ssrn.com/abstract=497...

Coan on Relative Stare Decisis, buff.ly/ifPRht8 - Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted Relative Stare Decisis on SSRN.

Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue.

My working draft is below, and comments are most welcome.

papers.ssrn.com/sol3/papers....

I just posted a new paper on @ssrn.bsky.social, titled "The Chadha Presidency". Here's the link, and I'll post the abstract in the next post. papers.ssrn.com/sol3/papers....

... by GAURAV MUKHERJEE (@gauravmkjee.bsky.social) on the Right to Education and by Tom Gerald Daly (@democracytalk.bsky.social) on Scholarship!

Cover of the Verfassungsbook "Indian Constitutionalism at Crossroads: 2014-2024". The Cover is based an map created by Arun Ganesh.

Publication day! 💫

Our Verfassungsbook “Indian Constitutionalism at Crossroads: 2014-2024”, edited by ANMOL JAIN (@anmoljain-law.bsky.social) and TANJA HERKLOTZ (@tanjaherklotz.bsky.social) is now available in print and online! 📚

Check it out now! verfassungsblog.de/books/

Congratulations, David!