instead of overruling civil rights cases what if we overruled The Civil Rights Cases
(this is a deep cut. for the real Reconstruction-heads, and potentially 1Ls taking con law)
@jerryedwards.bsky.social
Associate Professor of Law at West Virginia University College of Law. Formerly an ACLUFL Attorney. I enjoy writing about free expression, academic freedom, and American history. All opinions are my own, not my employer's, and are correct, probably.
instead of overruling civil rights cases what if we overruled The Civil Rights Cases
(this is a deep cut. for the real Reconstruction-heads, and potentially 1Ls taking con law)
The racist ads being run by Andy Barr's opponent are beyond repulsive. The MAGA movement is pathetic.
07.03.2026 22:48 β π 1 π 0 π¬ 1 π 0The VRA was passed five months *to the day* after Selma. Hard to imagine Congress moving so quickly today
07.03.2026 22:10 β π 22 π 3 π¬ 0 π 0Weβre likely gonna do a Houston/San Antonio/Austin roadtrip for spring break! Yay! Let me know if you wanna grab a drink or something.
07.03.2026 20:49 β π 5 π 1 π¬ 2 π 0I'm jealous. I bet it was delicious!
07.03.2026 20:49 β π 1 π 0 π¬ 0 π 0I'd like to be on floof time too.
07.03.2026 19:30 β π 2 π 0 π¬ 0 π 0Abstract which states: The problem of the Twentieth Century was the problem of the color line. That problem, however, never seriously preoccupied the Legal Realists. This may come as disappointment to many scholars today who see the Realists, particularly those who critiqued courts, free markets, and oligarchic power, as intellectual ancestors. Then again, the answer depends on who we count as a Realist. The great writer, activist, and scholar W.E.B. Du Bois saw his career unfold and unwind alongside the development of Legal Realism. Though he is better remembered as a political theorist and historian, his work also contained theorizing about law that tracked key Realist insights. But this Article shows that Du Bois wasn't simply another Legal Realist. He was an outstanding one, whose own Realism emerged not through colorblind critiques of classical legal thought, but through thinking, organizing, and propagandizing against race hierarchy. This Article traces how Du Bois's insights matured over the course of his career, including by examining works that receive little attention today, especially among legal scholars. From Du Bois's dissertation on the slave trade, to his studies of the South's political economy, to his collection of essays in Darkwater, where he developed an idea of whiteness as property. This long pattern of thought congealed most powerfully in the "dictatorship of property," an idea Du Bois developed in his famous Black Reconstruction. This memorable phrase and concept merged public and private, political and economic, and the traditionally separate domains of property and sovereignty. His profound legal-theoretical insights came through studying slavery and sharecropping; through responding to Lynch Law and race riots; through reacting to cases like Bailey v. Alabama, rather than Lochner v. New York; through historiographical battle with the Dunning School; and even through factional fights within the NAACP. After World War II, Du Bois would alsoβ¦
Table of contents and opening paragraph of paper
π§΅: my latest draft paper βThe Legal Realism of W.E.B. Du Boisβ is still looking for a law review home π€π½
Here are some brief highlights for anyone interested
There is a legal provision in immigration law that someone married to a US citizen can stay in the US while there visa is pending. Immigration officials have long recognized it to allow residency during the wait time. The DHS has just stopped following this part of the law.
07.03.2026 13:24 β π 4455 π 1685 π¬ 65 π 41No. Damn it. No. Not this weekend.
07.03.2026 18:59 β π 3 π 0 π¬ 0 π 0We are currently outside the ICE Broadview concentration camp where Sunny Naqviβs family believes her to be held after being detained in OβHare by federal authorities.
07.03.2026 04:49 β π 8950 π 1774 π¬ 85 π 24I was in elementary school. Teacher also turned on the news. People started crying. And then they sent us home.
07.03.2026 18:50 β π 1 π 0 π¬ 0 π 0Will the Supreme Court block the Ayatollahβs student loan forgiveness plan?
07.03.2026 17:28 β π 565 π 84 π¬ 8 π 1Please contribute information to the 2026 law school entry level hiring report. prawfsblawg.com/lawsky-entry...
06.03.2026 18:45 β π 17 π 14 π¬ 0 π 0I'm honored to be publishing this piece with Vanderbilt Psych Prof Sarah Brown-Schmidt in volume 112 of the Virginia Law Review. In this empirical evidence law and cognitive science article, we identify the risks posed by "hear-witnesses" who inaccurately recall and recount statements at trial.
06.03.2026 21:35 β π 30 π 8 π¬ 2 π 3
π¨π¨π¨π¨
A very important and thought-provoking paper by my colleague, forthcoming in the Va. L. Rev.!
Dan learned that karma can be a very unfriendly lady.
07.03.2026 04:24 β π 2 π 0 π¬ 1 π 0A brown and white dog with a concerned look sits up straight and looks into the camera. On the floor next to them is an animal skin rug with matching coloring to theirs.
sometimes all it takes is a little subtle messaging to improve your petβs behavior
07.03.2026 02:28 β π 1536 π 134 π¬ 67 π 10You're in good company. They also rejected mine, so I decided to stay home. Glad I did. I am exhausted. Hope you're able to get some R&R this weekend!
07.03.2026 03:53 β π 1 π 0 π¬ 1 π 0Surprised you're not in Arizona. Giving yourself a travel break?
07.03.2026 03:49 β π 1 π 0 π¬ 1 π 0
Today I learned that Atlanta has a White House replica and itβs currently on sale for 35 mil
www.zillow.com/homedetails/...
A brilliant investment lol.
07.03.2026 02:21 β π 0 π 0 π¬ 0 π 0It's my favorite class exercise day. When I have my students take a literacy test. "I would pass it!" I always tell them no because the point is for the person to fail.
05.03.2026 14:06 β π 19 π 4 π¬ 4 π 0While we're at it, next time, I hope we won't allow white supremacists to nullify the transformative changes to the constitutional order for generations. Though, they're certainly trying to do it again now (and succeeding to a degree).
07.03.2026 02:17 β π 1 π 0 π¬ 0 π 0Insights in how he thinks about the presidency. Break the law and see if someone says something. I think the NCAA would find that a lot of their top athletes would be even less willing to stay in school.
07.03.2026 00:21 β π 43 π 5 π¬ 1 π 2Even if you are lucky enough to have legal representation, which in immigration must be funded by yourself (or pro bono counsel) how do your lawyers rep you in this system? Not to mention how does your family find you? not due process
06.03.2026 12:13 β π 300 π 117 π¬ 5 π 0
The slurs somehow have more agency than the Republicans.
The βNYT actually assigns agency to the people doing the thingβ headline challenge remains unwon.
You never know when you might need a large number of fountain pen inks. You're just planning ahead, Hannah. π
07.03.2026 00:13 β π 3 π 0 π¬ 0 π 0What's the broader topic of the article?
07.03.2026 00:12 β π 1 π 0 π¬ 1 π 0Samuel Alito's jurisprudence
06.03.2026 23:35 β π 3 π 0 π¬ 1 π 0