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Daniel Rice

@danielrice.bsky.social

Law prof @ UNC-Chapel Hill. Con Law and Indian Law. Views my own. Bio: https://law.unc.edu/people/daniel-rice/ SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1684746

3,266 Followers  |  741 Following  |  173 Posts  |  Joined: 01.07.2023  |  1.9402

Latest posts by danielrice.bsky.social on Bluesky

Glad there can be no 1A claim for ‘’I hereby search you in retaliation for your protected speech, thereby dispelling any causal complexities!’’ That seems right.

05.12.2025 23:40 — 👍 0    🔁 0    💬 0    📌 0
Conscription's Constitution This Essay examines the military draft in constitutional practice and argument. The constitutionality of national conscription is clear, but what that means for

Missed this when it was originally uploaded, but "Conscription's Constitution" by Gerard Magliocca looks fascinating:

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

04.12.2025 01:32 — 👍 7    🔁 2    💬 1    📌 0

I had such a terrific time presenting at Georgia State yesterday – thanks for having me!!

02.12.2025 19:46 — 👍 14    🔁 1    💬 1    📌 0
More Congressional Material On-Line [We are reproducing the following from In Custodia Legis, the blog of the Law Library of Congress, on the latest "migration" of Congressional materials from "Century of Lawmaking" to the digital site, Congress.gov.  DRE]  We have been working on migrating content from Century of Lawmaking to Congress.gov over the last few years. We kicked this off with migrating 30,000 Bills and Resolutions from 1799-1873. Then, in February 2024, we added the Annals of Congress to Congress.gov. In November last year, we added the Senate Journal to our site. The House Journal was added in the following release. If you are interested in more information on the journals, we have help pages for both the House Journal and Senate Journal. Earlier this year, in February, we added the Congressional Globe. The Debates of Congress (Congressional Globe, The Annals of Congress, and the Register of Debates) are all predecessors to the Congressional Record, which goes back to 1873 on Congress.gov. The Globe was followed by the Senate Executive Journal going live on Congress.gov in April. With today’s release we are adding the last item from the Debates of Congress, the Register of Debates. This is also the last area of content to migrate from Century of Lawmaking to Congress.gov. You can see the Register of Debates starting with the 18th Congress of the Browse page and through the 25th Congress.
01.12.2025 14:51 — 👍 2    🔁 2    💬 0    📌 0
Preview
The French Revolution’s Instrument of Terror Goes on Show

TIL that France continued to use the guillotine until 1977?!?!

www.nytimes.com/2025/10/10/a...

01.12.2025 01:21 — 👍 3    🔁 0    💬 0    📌 0

It’s super cool seeing Learned Hand’s actual TV and Peleton in these pics.

29.11.2025 23:50 — 👍 10    🔁 0    💬 0    📌 0

Aspiring law profs – check out this fantastic opportunity!

21.11.2025 14:26 — 👍 3    🔁 0    💬 0    📌 0
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Sounds violent!

18.11.2025 01:22 — 👍 2    🔁 0    💬 0    📌 0
program for the First Amendment Law Review's annual symposium

program for the First Amendment Law Review's annual symposium

Looking forward to attending the First Amendment Law Review's 2025 Symposium tomorrow (and moderating a panel on Mahmoud v. Taylor)!

medialaw.unc.edu/events/first...

13.11.2025 14:24 — 👍 5    🔁 0    💬 0    📌 0
Cannabis Amnesty Box

Cannabis Amnesty Box

Amazing

08.11.2025 20:13 — 👍 4    🔁 0    💬 0    📌 0

www.nytimes.com/2025/11/07/u...

08.11.2025 13:23 — 👍 7    🔁 2    💬 0    📌 0
Preview
Civic Duties and Cultural Change In this episode, we will discuss the duties that Americans owe—and perhaps over time have ceased to owe—the state. Once central to the American constitutional tradition, civic duties like shoveling sn

If you're the listening type, an interview version is here (or wherever you get your podcasts):

soundcloud.com/california-l...

04.11.2025 14:04 — 👍 2    🔁 0    💬 0    📌 0

Civic duties aren't static artifacts; they've been created, altered, and destroyed in response to cultural pressures. Because individual liberty and social obligation are dialectically linked, it doesn't make sense to decide liberty claims in a purely time-bound way. (Cough, Dobbs.)

04.11.2025 14:04 — 👍 0    🔁 0    💬 1    📌 0

The article explores the (mostly) forgotten concept of duties owed to the state. For decades, judges would just say that certain legal compulsions rested on societal obligations, thereby negating associated liberty claims. And plenty of modern laws still function as a form of conscription.

04.11.2025 14:04 — 👍 0    🔁 0    💬 1    📌 0
Abstract for "Civic Duties and Cultural Change"

Abstract for "Civic Duties and Cultural Change"

Abstract & Table of Contents for "Civic Duties and Cultural Change"

Abstract & Table of Contents for "Civic Duties and Cultural Change"

The final version of "Civic Duties and Cultural Change" is now live on @califlrev.bsky.social's website!

californialawreview.org/s/4-Rice.pdf

04.11.2025 14:04 — 👍 5    🔁 1    💬 1    📌 2

Unless I'm missing something, this seems pretty straightforwardly unconstitutional.

30.10.2025 02:19 — 👍 336    🔁 105    💬 9    📌 3

Thread

22.10.2025 17:11 — 👍 2    🔁 0    💬 0    📌 0

this is a tacit admission that the administration is not confident in the legal arguments it would have to make in order to detain them, which should also cast into question the legality of the operation in the first place

18.10.2025 20:17 — 👍 2355    🔁 684    💬 41    📌 10

When your toddler watches Mr. Rogers for the first time and immediately says, ‘’it’s an ad!’’

18.10.2025 10:33 — 👍 1    🔁 0    💬 0    📌 0

Very glad to see that former SG Prelogar and her team are handling this one. Nothing other than summary reversal is warranted here, but I’d settle for a cert grant.

17.10.2025 10:25 — 👍 3    🔁 2    💬 0    📌 0
extra comma in the Dobbs majority opinion

extra comma in the Dobbs majority opinion

This is not the most important part about Dobbs, but there’s (still) a typo on p. 6:

17.10.2025 01:06 — 👍 2    🔁 0    💬 0    📌 0

I am confident that, in performing this limited historical analysis, the Court will not analogize to the holdings of prior cases. Nor will it derive from those cases principles that seemingly encompass the present SDP claim.

14.10.2025 14:09 — 👍 2    🔁 0    💬 1    📌 0

If the Court eventually grants cert here, I look forward to its "careful analysis" of the relevant history. Was there, in fact, a positive-law right to obtain information from the government about the gender-identity choices of one's children?

14.10.2025 14:09 — 👍 3    🔁 0    💬 1    📌 0

you had anything left to learn about the mind of the South?

10.10.2025 16:06 — 👍 1    🔁 0    💬 1    📌 0

Here's to hoping the federal posse comitatus power stays buried...

07.10.2025 00:04 — 👍 0    🔁 0    💬 0    📌 0

The sequence appears to be: (1) "All flag burners should be incarcerated"; (2) EO prioritizing the prosecution of flag burners who cause noncommunicative harms (because doctrine); and (3) "No, I'm actually demanding that literally everyone who burns a flag be imprisoned."

04.10.2025 00:54 — 👍 2    🔁 1    💬 0    📌 0

new frontiers in compelled speech

03.10.2025 14:53 — 👍 6    🔁 5    💬 0    📌 1
Preview
Federal Funding and the First Amendment

A series of short posts from leading scholars about the constraints the First Amendment imposes on the government's authority to impose conditions on federal funding. Seems relevant! This is a @knightcolumbia.org series from earlier this year. knightcolumbia.org/research/fed...

02.10.2025 16:21 — 👍 49    🔁 33    💬 2    📌 0
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Nice.

28.09.2025 00:02 — 👍 5    🔁 0    💬 1    📌 0

Toddler’s first no-nap day. Help.

27.09.2025 19:15 — 👍 4    🔁 0    💬 1    📌 0

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