Richard M Re

Professors Recognized by AALS for Civil Procedure Research Professor Rachel Bayefsky of the University of Virginia School of Law has won the Association of American Law Schools’ Junior Scholarship Award for her scholarship in civil procedure. Professor Payvan...

Prof. @rachelbayefsky.bsky.social has won @theaals.bsky.social Junior Scholarship Award for her article “Judicial Institutionalism.” Prof. @payvandahdout.bsky.social earned an honorable mention.

Maybe not “primarily” about speed; but, as you appear to agree, speed is relevant. Giving longer times on the exam than the prof thinks is needed may reward those who use all available time. Students routinely max out their time working on something that profs say “requires” less time.

Guest Post: A Necessary and Proper Answer to the All-or-Nothing Removal Debate A guest post by Jed Shugerman and Gary Lawson

. @jedshug.bsky.social and Lawson on removal

blog.dividedargument.com/p/guest-post...

Screenshot of SSRN listing for The Unitary Executive and the Due Process State. Abstract: In Trump v. Slaughter, the Supreme Court will consider whether to overrule Humphrey's Executor v. United States, 295 U.S. 602 (1935), a landmark case that affirmed Congress's authority to limit the President's ability to fire members of the Federal Trade Commission (FTC). Proponents argue that this is necessary to ensure unitary executive control over the significant policymaking functions of the FTC and other historically independent administrative agencies. But the legal principles reflected in Humphrey's Executor are also the foundation upon which Congress has constructed what we call the "due process state," i.e., the many impartial officers and institutions that the President requires to discharge his Article II duty to ensure the faithful execution of adjudicatory statutes. This essay argues that the unitary executive and the due process state can-and indeed must-coexist.

New to @ssrn.bsky.social: Bill Eskridge and I have posted The Unitary Executive and the Due Process State (Notre Dame L. Rev. Reflection, forthcoming). This essay explores what's at stake for administrative justice as the Supreme Court reconsiders Humphrey's Executor. Link below⬇️

In Memoriam: Stephen R. Munzer (1944-2025) Professor Munzer, a longtime member of the law faculty at UCLA, where he was recently emeritus, wrote widely on topics in jurisprudence, especially the philosophical foundations of property, as wel…

Steve Munzer has passed away suddenly. He was a great scholar of wide-ranging topics: property, religion, law and medicine, interpretation, and more. He was also simultaneously a generous and tough intellectual.

leiterreports.com/2025/11/30/i...

McClain & Fleming on Orthodoxy in Polarized Times Linda C. McClain (Boston University - School of Law) & James E. Fleming (Boston University - School of Law) have posted "What Shall Be Orthodox" in Polarized Times: Overview and Response to Commentators (90 Missouri Law Review (2025)) on SSRN. Here is the abstract: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson wrote this celebrated passage in his majority opinion in West Virginia State Board of Education v.

McClain & Fleming on Orthodoxy in Polarized Times

Linda C. McClain (Boston University - School of Law) & James E. Fleming (Boston University - School of Law) have posted "What Shall Be Orthodox" in Polarized Times: Overview and Response to Commentators (90 Missouri Law Review (2025)) on SSRN. Here…

Generous ex-post, but illegal ex-ante 😀 "Former Browns quarterback Bernie Kosar marked Thanksgiving by donating $25,000 to the family of the organ donor who saved his life, just days after he was discharged from University Hospitals following a successful liver transplant."

A Dishonorable Strike Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder

A Dishonorable Strike
Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder

www.execfunctions.org/p/a-dishonor...

A Dishonorable Strike Indulging all assumptions in favor of the administration’s boat strikes, killing helpless men is murder

www.execfunctions.org/p/a-dishonor...

Hegseth order on first Caribbean boat strike, officials say: Kill them all Defense Secretary Pete Hegseth issued a verbal order to kill all crew members in the Sept. 2 strike on a suspected drug boat. Navy SEALs fired a second missile.

Textbook war crime/extrajudicial killing

"Two survivors were clinging to the smoldering wreck. The Special Operations commander overseeing the Sept. 2 attack ... ordered a second strike to comply with Hegseth’s instructions."

Report by @alexhorton.bsky.social @ellenwapo.bsky.social o.bsky.social

Presidential Greatness and the Fragility of Judicial Supremacy A Constitution Day Essay on the Truth and Limits of Departmentalism

www.execfunctions.org/p/presidenti...

Guest Post: Paz-Priel & Re on "The Standing Realignment" A Post by Yoav Paz-Priel and Richard Re on Their Joint Paper

blog.dividedargument.com/p/guest-post...

The Politics of Privacy: Danielle Citron Delivered 70th Miller Lecture - Georgia State University News - College of Law, Events - On Wednesday, Nov. 19, 2025, Professor Danielle Citron delivered the 70th Henry J. Miller Distinguished Lecture at Georgia State University College of Law with a frank assessment of the current state ...

In the 70th Henry J. Miller Distinguished Lecture at the Georgia State University College of Law, Prof. @daniellecitron.bsky.social discussed how privacy, technology and democratic norms intersect in the current political landscape. news.gsu.edu/2025/11/21/t...

As we all wait for Callais to come down, our piece showing that Shelby County increased the racial turnout gap in most of the covered parts of the country has cleared the replication check and is incoming at JOP.

Gutting the VRA was bad, actually.

From Secret Law (2001-2024) to None at All (2025-present) The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.

From Secret Law (2001-2024) to None at All (2025-present)

By Brett Max Kaufman

www.justsecurity.org/124776/secre...

Link here: papers.ssrn.com/sol3/papers....

Thank you to @lsolum.bsky.social for listing my forthcoming article, Voids of Constitutional Law, as "highly recommended."

SSRN: papers.ssrn.com/sol3/papers....

legaltheoryblog.com/2025/11/10/m...

www.thecrimson.com/article/2025...

Lee on Reasonable Doubt and Implicit Bias Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial injustice, characterized by “an unwarranted excess of credibility” and that “[t]he excess of credibility…results in a distinctive kind of epistemic wrong” in “ways that are widespread, alarming, and pernicious” in our criminal justice system.

Lee on Reasonable Doubt and Implicit Bias

Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial…

“The Standing Realignment,” a draft by Yoav Paz-Priel and myself.

Comments welcome!

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

Pfeffer-Gillett on “the inconvenince doctrine” papers.ssrn.com/sol3/papers....

The SG has filed his reply letter brief in the Chicago case involving the National Guard. I've already filed two briefs in the case that address the vast majority of what the SG writes here, but perhaps it's worthwhile to respond to a few discrete things. [1]

www.supremecourt.gov/DocketPDF/25...

Interim Orders, the Presidency, and Judicial Supremacy - Harvard Law Review Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.

Final version! Must read. harvardlawreview.org/print/vol-13...

Roberto Tallarita (@rtallarita) AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI

AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI.

Some thoughts on AI, lawyers, and the Jevons paradox substack.com/@rtallarita/...

Medina v. Planned Parenthood: The Supreme Court's Making of the New Jane Crow - Harvard Law Review If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law a...

Michele Goodwin on Medina:

harvardlawreview.org/print/vol-13...

Important paper:

yalelawjournal.org/article/the-...

A new paper from Gary Lawson & me:

"Presidential Removal as Article I, Not Article II"

Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.

See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....

Willing states must act to save international legal order, warns top academic Yale professor says wars in Ukraine and Gaza and threats from Donald Trump risk the ‘total collapse’ of the global courts system

The wonderful @oonahathaway.bsky.social does not hold back: our international legal order is at risk. And she has some proposals... www.theguardian.com/law/2025/nov...

Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...

Abstract below.

To a Conservative Warren Court - Harvard Law Review The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (o...

And read this brilliant HLR Foreword by the ever wonderful (sorely missed) @richardre.bsky.social harvardlawreview.org/print/vol-13...