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Brishen Rogers

@brishen.bsky.social

Prof at Georgetown Law. Labor law, political economy, technology, other things. I no longer have a twitter account. Author, Data & Democracy at Work, The MIT Press. Open Access version at https://tinyurl.com/btv74buj

4,075 Followers  |  774 Following  |  52 Posts  |  Joined: 11.05.2023  |  2.8497

Latest posts by brishen.bsky.social on Bluesky

Oh β€” the situation has escalated.

Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.

"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...

04.11.2025 21:02 β€” πŸ‘ 2083    πŸ” 679    πŸ’¬ 39    πŸ“Œ 80

Google β€œAmazon SHV1” for some hints…

03.11.2025 13:24 β€” πŸ‘ 0    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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Amazon Plans to Replace More Than Half a Million Jobs With Robots

Not a single worker quoted in this @nytimes.com story on Amazon’s latest automation effort, which was also discussed on The Daily today.

How can we assess the company’s claims without hearing from workers who have used the tech?

www.nytimes.com/2025/10/21/t...

03.11.2025 13:23 β€” πŸ‘ 3    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0

right. given the numbers, β€œhow to win back the working class” should be as much about care and service workers as hard hats. and yet.

25.10.2025 12:02 β€” πŸ‘ 4945    πŸ” 459    πŸ’¬ 34    πŸ“Œ 55

I think you misspelled 1970s and 1980s

23.10.2025 10:31 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 1    πŸ“Œ 0
Balkinization: The Art of Replacing the Law with the Deal A group blog on constitutional law, theory, and politics

I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.

It's especially for journalists covering this story!

Many details about how the compact itself works and why the administration has retreated to this strategy.

04.10.2025 22:34 β€” πŸ‘ 549    πŸ” 263    πŸ’¬ 11    πŸ“Œ 57
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The Hertie School mourns the passing of Prof. Dr Dr h.c. Claus Offe, Professor Emeritus of Political Sociology, an extraordinary scholar, teacher and colleague.

We extend our heartfelt condolences to his family, friends and all who had the privilege to know him.

02.10.2025 14:07 β€” πŸ‘ 71    πŸ” 32    πŸ’¬ 0    πŸ“Œ 15

Ouch SCOTUS

03.09.2025 20:26 β€” πŸ‘ 4381    πŸ” 940    πŸ’¬ 137    πŸ“Œ 170

I’ll kinda defend this, bc for most of the summer DC weather tried to kill me. So, like, a nice day on 9.2 is a small miracle?

03.09.2025 01:31 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

early reports suggested it had salami, not sure if those were ever verified

27.08.2025 17:20 β€” πŸ‘ 2    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

NEWβ€”Earlier this evening agents from ICE/other fed agencies were outside Rhode Island Ave metro in DC asking people exiting the station for their IDs, per someone who experienced it. When the person presented their Real ID license, an agent said that wasn't sufficient. Luckily they had secondary ID.

21.08.2025 02:00 β€” πŸ‘ 4794    πŸ” 1949    πŸ’¬ 352    πŸ“Œ 549

NEW AndrΓ©s Castro AraΓΊjo, NicolΓ‘s Restrepo Ochoa, "How to Make a Functionalist Argument." sociologicalscience.com/articles-v12...

14.08.2025 17:31 β€” πŸ‘ 25    πŸ” 7    πŸ’¬ 0    πŸ“Œ 8

I am a bit of a broken record on this, but are local DAs going to let this continue indefinitely? The ICE agents didn't have any kind of warrant, didn't identify themselves, and then recklessly started firing. Let them argue federal immunity.

17.08.2025 17:30 β€” πŸ‘ 6106    πŸ” 1667    πŸ’¬ 117    πŸ“Œ 44
The alternative, democracy premised merely on the people’s right to collective governance, allows us to see that a single election or a particular law or policy being implemented is never the final word on any matter. Democracy is a never-ending series of contests for governing power. When a majority prevails, it sits alongside others just as legitimateβ€”majorities that might grow or shrink or even dissipate, perhaps before reforming and reviving themselves.

The alternative, democracy premised merely on the people’s right to collective governance, allows us to see that a single election or a particular law or policy being implemented is never the final word on any matter. Democracy is a never-ending series of contests for governing power. When a majority prevails, it sits alongside others just as legitimateβ€”majorities that might grow or shrink or even dissipate, perhaps before reforming and reviving themselves.

Just picked up @ositanwanevu.com β€˜s really good, accessible book on democracy. This passage, which is key to his argument, captures what’s wrong with strong versions of the unitary executive theory as well as some versions of abundance liberalism.

14.08.2025 11:00 β€” πŸ‘ 35    πŸ” 5    πŸ’¬ 0    πŸ“Œ 0

we need a loving term for papers that are like 50% brilliant and 50% batshit

02.08.2025 15:04 β€” πŸ‘ 1    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0

The BLS is legit a national treasure. Or was until now.

01.08.2025 18:30 β€” πŸ‘ 1    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0
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COVID Contrarians Are Wrong About Sweden Trying to β€˜let it rip’ in early 2020 was a disaster.

The conventional wisdom swing on non-pharmaceutical measures during COVID has tilted toward "doing nothing, like Sweden did, was good." @ryanlcooper.com puts this through the ringer: prospect.org/health/2025-...

01.08.2025 14:01 β€” πŸ‘ 338    πŸ” 97    πŸ’¬ 12    πŸ“Œ 2

i believe that at 18 every american should be entered into a draft, not for military service, but for one year of mandatory retail or restaurant work

22.07.2025 15:13 β€” πŸ‘ 12351    πŸ” 1588    πŸ’¬ 637    πŸ“Œ 418
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CFP: Inaugural Association of Law and Political Economy Conference A forthcoming conference will launch the The Association of Law and Political Economy (ALPE): a membership organization with a regular annual conference, elected leadership, and an architecture for…

Have you heard the good news?

A forthcoming conference will launch the The Association of Law and Political Economy: a membership organization with a regular annual conference, elected leadership, and an architecture for open participation and collaboration.

17.07.2025 15:21 β€” πŸ‘ 66    πŸ” 32    πŸ’¬ 4    πŸ“Œ 2
Scholars' Briefs and the Vocation of a Law Professor This article examines the increasingly common phenomenon of "scholars' briefs" in which collections of law professors appear as amici curiae in litiga

Dick Fallon was my Con Law professor and set a standard of humility and generosity in the classroom and with students that I try to follow.

He was also deeply thoughtful about many things, including the public responsibilities of scholars, as in this essay.

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

15.07.2025 15:25 β€” πŸ‘ 7    πŸ” 1    πŸ’¬ 0    πŸ“Œ 0

RIP Dick Fallon. A devastating loss professionally and personally.

14.07.2025 17:00 β€” πŸ‘ 73    πŸ” 16    πŸ’¬ 4    πŸ“Œ 8

The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.

14.07.2025 20:31 β€” πŸ‘ 1762    πŸ” 524    πŸ’¬ 45    πŸ“Œ 32

As someone who has been on the business end of nationwide injunctions that I thought were improper, I find the question of what rules we should adopt for them to be genuinely hard. But yesterday's decision deserves massive criticism, for at least two reasons. (Thread.)

28.06.2025 18:03 β€” πŸ‘ 633    πŸ” 206    πŸ’¬ 10    πŸ“Œ 27
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.@CBS8 in San Diego reports that due to Bishop Michael Pham’s presence in the courtroom, in effect, cases of migrants today were postponed.

20.06.2025 21:25 β€” πŸ‘ 2902    πŸ” 641    πŸ’¬ 93    πŸ“Œ 149
The majority's contention that I reject "pure textualism' [a]s insuf-ficiently pliable to secure the result [I] seek," ante, at 10, stems from an unfortunate misunderstanding of the judicial role. Our interpretative task is not to seek our own desired results (whatever they may be). And, indeed, it is precisely because of this solemn duty that, in my view, it is imperative that we interpret statutes consistent with all relevant indicia of what Congress wanted, as best we can ascertain its intent. A methodology that includes consideration of Congress's aims does exactly thatβ€” and no more. By contrast, pure textualism's refusal to try to understand the text of a statute in the larger context of what Congress sought to achieve turns the interpretive task into a potent weapon for advancing judicial policy preferences. By "finding" answers in ambiguous text, and not bothering to consider whether those answers align with other sources of statutory meaning, pure textualists can easily disguise their own preferences as "textual" inevitabilities. So, really, far from being "insuffi-ciently pliable," I think pure textualism is incessantly malleable that's its primary problem-and, indeed, it is certainly somehow always flexible enough to secure the majority's desired outcome.

The majority's contention that I reject "pure textualism' [a]s insuf-ficiently pliable to secure the result [I] seek," ante, at 10, stems from an unfortunate misunderstanding of the judicial role. Our interpretative task is not to seek our own desired results (whatever they may be). And, indeed, it is precisely because of this solemn duty that, in my view, it is imperative that we interpret statutes consistent with all relevant indicia of what Congress wanted, as best we can ascertain its intent. A methodology that includes consideration of Congress's aims does exactly thatβ€” and no more. By contrast, pure textualism's refusal to try to understand the text of a statute in the larger context of what Congress sought to achieve turns the interpretive task into a potent weapon for advancing judicial policy preferences. By "finding" answers in ambiguous text, and not bothering to consider whether those answers align with other sources of statutory meaning, pure textualists can easily disguise their own preferences as "textual" inevitabilities. So, really, far from being "insuffi-ciently pliable," I think pure textualism is incessantly malleable that's its primary problem-and, indeed, it is certainly somehow always flexible enough to secure the majority's desired outcome.

Thank you, Justice Jackson. Textualists claim their methodology constrains them. But it doesn't meaningfully do so.

20.06.2025 14:49 β€” πŸ‘ 158    πŸ” 32    πŸ’¬ 5    πŸ“Œ 1

The law in its infinite wisdom bans trans and cis people alike from being trans

19.06.2025 18:30 β€” πŸ‘ 2032    πŸ” 401    πŸ’¬ 14    πŸ“Œ 7

Not sure what to make of the fact that the best account of law's role in class relations is the postscript to a study of 18th century rural England! Maybe Thompson was being presentist. Yet it reads prophetically, and has not been matched or topped by generations of legal scholars IMHO.

14.06.2025 20:57 β€” πŸ‘ 4    πŸ” 0    πŸ’¬ 0    πŸ“Œ 0
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www.nytimes.com/2025/06/10/o...

10.06.2025 21:15 β€” πŸ‘ 1204    πŸ” 420    πŸ’¬ 8    πŸ“Œ 24

i personally do not think the administration is actually prepared for what happens if they are facing mass protests in every major city in the country

09.06.2025 20:57 β€” πŸ‘ 13824    πŸ” 1940    πŸ’¬ 353    πŸ“Œ 206

@brishen is following 20 prominent accounts