Highly recommended conversation between @peterbeinart.bsky.social and Yale Law professor Aslı Ü. Bâli for @jewishcurrents.bsky.social. Professor Bâli is incredibly sharp, nuanced and insightful
jewishcurrents.org/americas-thr...
OPINION: I asked a former Trump official to justify this war
So the case for Congress is, once we have gone to war, if they don’t like it, they can remove the money? Congress does not have a constitutional role in the declaration of war. Congress has a role in cutting off funds for wars, which it has threatened to do. And the president doesn’t have to get permission. But yes, you can debate, you can decide. That’s his choice in how he wants to do it. I mean, here I will quote the Constitution: “The Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.”
Behold the intellectual might of the conservative legal movement
THE UNIVERSITY OF CHICAGO THE LAW SCHOOL The University of Chicago Law Review PRINT Essay - Volume 93.2 The Law and Political Economy Movement's Crime Agenda Hurts Black People Jonathan Klick
Is the UChicago law review just publishing op-eds now? What agenda
“The Unwillingness to Call This Illegal Is a Terrible Mistake”
Five Questions to Oona A. Hathaway
Read it in English here:
verfassungsblog.de/the-unwillin...
And in German here:
verfassungsblog.de/die-weigerun...
I have heard this story before and it never ceases to shock me.
One thing Trump has done is imbue one of his core beliefs into government practice: frivolous legal actions are powerful.
Threaten to sue someone. Actually sue them! He did this a lot as a businessman. Now DOJ does it. Does not matter if they lose - the legal hassles imposed are the punishment.
In response to our academic freedom campaign, Yale has created a new committee to address the issue. Yale AAUP welcomes the administration’s recognition that academic freedom is the lifeblood of the university, but faculty need action, not just statements.
yaledailynews.com/articles/pro...
“Protecting #AcademicFreedom requires clear, enforceable protections and procedures, including processes through which alleged infringements on academic freedom can be adjudicated by faculty peers.” #ProtectHigherEd
@aft.org @afthighered.bsky.social @aaup.org
yaledailynews.com/articles/pro...
More on our campaign for real academic freedom for all faculty here! aaupyale.org
In response to our YaleAAUP campaign to get codified academic freedom protections - which shockingly we do not have - Yale has created a committee to make a "statement." A sign that we are making progress. But nowhere close to where we need to be. More here --> yaledailynews.com/articles/pro...
this is a must read 🔥🔥
for a symposium on our free speech crisis, wrote a thing. knightcolumbia.org/blog/the-peo...
Happy to have this out - give it a read and let me know what you think
And in case any law reviews are looking for a great article, “Lewis Powell, Neoliberalism, and the Privatization of Public Law" is looking for a home
a photo of Justice Powell from his time on the Supreme Court
Depending on who you ask, Lewis Powell Jr. is either: an ideological mastermind of the Right who led the corporate counter-revolution OR the Supreme Court’s quintessential “swing justice" upholding liberal positions in some of the Court’s most high-profile cases (from affirmative action to abortion)
if the ssrn link not working, here it is at the UCLR: lawreview.uchicago.edu/print-archiv...
Also some thoughts here on LPE and "method." Basically, I don't think we can do without either critical theory or social science - but LPE now leans toward the former and to more qualitative work bc that's how you build new paradigms. Welcome your thoughts!
This reparative work has two prominent strands. One aims at "power-building" - trying to counteract historical exclusion to enable more organized power, e.g. for tenants and workers. The second seeks to bring private power under more public authority, e.g. introducing public options.
tldr: (but read it, it's short!): LPE builds on realism (as law and econ did) but with a very different conception of how political economy *should* be governed. Instead of reliance on expert reconstruction via the economics of its time, LPE aims to answer this democratically and reparatively.
How does LPE relate to law and econ and legal realism? The University of Chicago L Rev. recently held a symposium on LPE and L&E, so I grabbed the chance to set out some ideas -> papers.ssrn.com/sol3/papers....
going to keep saying: to keep functioning, a society must discourage baldfaced lying, especially by authorities
I have seen a lot of cursed stuff in my time in academia but this is among the *most* cursed.
Grammarly is generating miniature LLMs based on academic work so that users can have their writing ‘reviewed’ by experts like David Abulafia, who died less than two months ago.
whether war, vaccines, or critical infrastructure there is contingent of the right that seems to believe that their security from the worst things that happen is some kind of metaphysical principle rather than the result of specific historical processes that could've gone otherwise and still could
a thing historians will marvel about when they study this era is the extent to which the "war is a thing that happens to poorer, browner people" class went about systematically dismantling every aspect of the global political order that confined the costs of war to poorer and browner people
Just going to say that decades of consumer welfare* analysis favoring media mergers made all of this possible, too
*it's rather about presuming consumer welfare from consolidation
in general (thanks @laminda.bsky.social)
go.bsky.app/2Fq4P6e
The DOJ's lawsuit against UCLA heavily recycles prior claims from a private lawsuit against UCLA (the Frankel case), a campus antisemitism report, and the federal government's own prior civil rights complaint against UCLA—lots of sources there.
So what, if anything, did DOJ learn or do differently?
Well, the DOJ has done it: they have filed a lawsuit against the University of California over antisemitism.
The complaint contains some falsehoods. But as someone who teaches and writes about Title VII, I'm equally struck by what the complaint doesn't say.
A few thoughts— 🧵
I have a new @lpeproject.bsky.social essay out that offers a framework for teasing apart three discrete and cascading layers of “media capture” that produce censorship, exclusion, and democratic failure in our information and communication systems. lpeproject.org/blog/the-ame...
