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Gautam Hans

@gshans

Clinical Prof., Cornell Law School. That brown gay law prof who makes ice cream & laughs too loud. Currently mired in the Constitution, speech, tech, clinical legal education, and the legal profession. Not the best but pretty good. Always MI βœ‹πŸΎ

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Latest posts by Gautam Hans @gshans

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Women law profs dominate new list of most-cited faculty, bucking historical pattern A new ranking of the most-cited legal scholars in the U.S. flips the script on who is making the biggest impact, with women occupying seven of the top 10 spots on the listβ€”more than double the number ...

β€œDanielle Citron, a prominent privacy expert who teaches at the University of Virginia School of Law, topped the β€Œranking for ⁠the second time in as many years. This time she was joined by six other women in the top 10”

11.03.2026 19:46 πŸ‘ 47 πŸ” 10 πŸ’¬ 3 πŸ“Œ 2

SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS.

Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.

10.03.2026 16:58 πŸ‘ 1195 πŸ” 259 πŸ’¬ 5 πŸ“Œ 49
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Mamdani Chooses His Words Carefully After Alleged Terror Attack

Is the premise of this story that the mayor should make lighthearted video content about an ongoing criminal investigation www.nytimes.com/2026/03/09/n...

10.03.2026 15:59 πŸ‘ 2230 πŸ” 178 πŸ’¬ 81 πŸ“Œ 46
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The Bay Area Considers the Unthinkable: Life Without BART

As a former East Bay resident, this is incredibly depressing. www.nytimes.com/2026/03/10/u...

10.03.2026 16:29 πŸ‘ 2 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

I reviewed The Ordinal Society, by @marionf.bsky.social and @kjhealy.co, for jotwell. I think this is one of the most important books for law and tech scholars, and yet it says almost nothing (explicitly) about law, which makes it a special treat to read!

10.03.2026 16:12 πŸ‘ 13 πŸ” 3 πŸ’¬ 0 πŸ“Œ 1

Principles for thee but not for me

10.03.2026 01:50 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

I taught Rust v. Sullivan, Legal Services Corporation v. Velazquez, and Walker v. Sons of Confederate Veterans today. I did take some pleasure in seeing my students as turned up into knots as I am about the intersection of unconstitutional conditions, government speech, and viewpoint discrimination…

10.03.2026 01:50 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Federal Judges Are Slowly Realizing They Can Treat Trump Like Anyone Else Federal judges have been reluctant to hold the Trump administration in contempt for violating court orders. Now, they are getting impatient.

There are signs that at least some federal judges are getting tired of the Trump administration simply ignoring court orders

09.03.2026 22:49 πŸ‘ 156 πŸ” 53 πŸ’¬ 9 πŸ“Œ 7
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Trump is using immigration policy to suppress speech, lawsuit claims A new lawsuit accuses the administration of violating the First Amendment by threatening the visas of researchers for work on disinformation and content moderation of social media.

""The Trump administration is using the threat of detention and deportation to suppress speech it disfavors"--@carriedecell.bsky.social on CITR v. Rubio, the case we filed this morning www.npr.org/2026/03/09/n...

09.03.2026 16:31 πŸ‘ 30 πŸ” 21 πŸ’¬ 0 πŸ“Œ 1

Wait, is this 2nd circuit or just SDNY on remand? I assume that Upsolve will appeal again to the 2nd Circuit though perhaps with a more uphill battle.

09.03.2026 13:07 πŸ‘ 0 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

🫠

05.03.2026 21:05 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
The Top 100 Legal Scholars of 2025 Traditional legal scholarship rankings rely almost exclusively on career-long publication metrics, a method that inherently favors decades-old articles and ofte

Honored to find out that I am on this list of top-cited legal scholars again this year: papers.ssrn.com/sol3/papers..... Lots of others on this list whose work I deeply admire, including @jessicaclarke.bsky.social @miriamseifter.bsky.social @jdmortenson.bsky.social and many others! Congrats, all!

05.03.2026 16:07 πŸ‘ 53 πŸ” 11 πŸ’¬ 5 πŸ“Œ 0

You don’t think you’re good at that as well? πŸ€”πŸ˜˜

04.03.2026 20:28 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Big tech is hungry for consumer data. Mass. needs privacy legislation now The heart of the privacy bill that the Massachusetts legislature is now considering is a simple but firm rule that companies should collect and use only the personal information that they need to prov...

Today @cogwbur.bsky.social published my op-ed with Neil Richards. We argue in favor of the proposed MA privacy legislation with strong data minimization rules. Surveillance advertising leaves both consumers and small businesses worse off. It only helps Silicon Valley. www.wbur.org/cognoscenti/...

04.03.2026 14:11 πŸ‘ 12 πŸ” 7 πŸ’¬ 1 πŸ“Œ 1
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Trump’s Orwellian Board of Peace Consists Entirely of Human Rights Abusers An Intercept analysis finds that every single Board of Peace member state has been rebuked for human rights violations.

"An Intercept analysis finds that every member state of the Board of Peace has been rebuked for human rights violations, including many by Rubio’s own State Department." What a sick joke Trump is. theintercept.com/2026/03/02/t...

04.03.2026 01:25 πŸ‘ 60 πŸ” 33 πŸ’¬ 4 πŸ“Œ 1
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DOJ has asked a federal appeals court to un-drop its challenge to lower-court rulings that President Trump illegally targeted law firms he disfavored.

03.03.2026 17:36 πŸ‘ 307 πŸ” 56 πŸ’¬ 32 πŸ“Œ 30
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Trump Administration, in Apparent Reversal, Tries to Continue Fight Against Law Firms

Presumption of irregularity

www.nytimes.com/2026/03/03/u...

03.03.2026 16:57 πŸ‘ 5 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0
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Judge Lewis Liman (brother of Doug Liman) has ruled that the federal government canβ€˜t unilaterally end congestion pricing, giving the MTA yet another court win on congestion pricing

03.03.2026 16:51 πŸ‘ 512 πŸ” 66 πŸ’¬ 5 πŸ“Œ 11

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....

03.03.2026 14:59 πŸ‘ 15 πŸ” 7 πŸ’¬ 2 πŸ“Œ 0
First Amendment Inversion | Texas Law Review Introduction A new arrangement of First Amendment positions has upturned constitutional discourse in key areas. Familiar perspectives have transposed not only in Supreme Court opinions but also in pol...

My friend & colleague @nelsontebbe.bsky.social has an Article on "First Amendment Inversion," just recently published by the Texas Law Review. It documents a fascinating and important shift in how different political groups have conceptualized free speech: texaslawreview.org/first-amendm...

02.03.2026 20:22 πŸ‘ 5 πŸ” 6 πŸ’¬ 0 πŸ“Œ 1

I just emailed my colleagues about this; truly baffling timing. The only thing I can think is that someone finally realized what the preclusive effects would be of yet another loss. Of course, we all already knew that eight months ago, so… πŸ€·πŸΎβ€β™‚οΈ

02.03.2026 19:37 πŸ‘ 3 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0

Victory

02.03.2026 19:19 πŸ‘ 9 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0
Trump's War Against Iran is Unconstitutional In my last essay for this blog , I explained why the U.S. violated international law by initiating its war on Iran. I did not directly discu...

The war against Iran is unconstitutional, as I explain on the blog. Trump has already missed the 48-hour deadline for a written report required by the War Powers Resolution. These illegalities compound the war's violation of international law.

02.03.2026 19:00 πŸ‘ 28 πŸ” 9 πŸ’¬ 1 πŸ“Œ 1
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28.02.2026 12:10 πŸ‘ 2386 πŸ” 413 πŸ’¬ 55 πŸ“Œ 33
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theonion.com/this-war-wil...

28.02.2026 11:57 πŸ‘ 3675 πŸ” 829 πŸ’¬ 41 πŸ“Œ 23

Every day I despair a little more.

28.02.2026 12:01 πŸ‘ 8 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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The Conventional Wisdom On Supreme Court Reform Is More Wrong Than Ever For Democrats, running against a historically unpopular Supreme Court is basically a free space on the campaign trail bingo card.

I want Democratic candidates for office to understand just how much voters do not like the Supreme Court, and are dying to elect representatives who are actually committed to doing something about it

27.02.2026 21:58 πŸ‘ 407 πŸ” 105 πŸ’¬ 6 πŸ“Œ 3

no takebacks

27.02.2026 21:09 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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Paramount and Warner Bros' deal is about merging studios, and a whole lot more The nearly $111 billion marriage would unite Paramount and Warner film studios, streamers and television properties β€” including CNN β€” under the control of the wealthy Ellison family.

Paramount, Warner Bros deal would unite film, news and social media forces in the age of Trump

My analysis for NPR:

www.npr.org/2026/02/27/n...

27.02.2026 18:02 πŸ‘ 44 πŸ” 17 πŸ’¬ 4 πŸ“Œ 1
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The Nationwide Revolt Against Flock Safety Cameras From New York to Alabama to Arizona, everyday people are mounting a local resistance to the company’s mass surveillance. And sometimes, they take matters into their own hands.

newrepublic.com/article/2069... One of my star clinic students is quoted in this article. We have had a great experience working alongside our neighbors to reign in mass surveillance in Ithaca this year.

27.02.2026 18:01 πŸ‘ 3 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0