We're excited to host Prof. @williambaude.bsky.social tomorrow for the Jerome Hall Law Lecture. His presentation, "Beyond Tit-for-Tat," will begin at 12 p.m. Eastern and will be livestreamed. Register to attend via Zoom: events.iu.edu/lawiub/event...
I didn’t know whether you aware of this body of literature and find it incorrect or irrelevant, or didn’t know about it, hence the brief initial reply.
There are too many relevant papers to link easily, but here are two:
chicagounbound.uchicago.edu/cgi/viewcont...
papers.ssrn.com/sol3/papers....
I won’t speak for Sai, but on my view, what interpretive principles we should use are governed by law; and for the Constitution specifically, our law of interpretation is the founders law of interpretation, plus any lawful changes to that law since then.
The Law of Interpretation
“Chicago is a beach town.”
www.interlochenpublicradio.org/podcast/poin...
blog.dividedargument.com/p/the-americ...
Co-post with @williambaude.bsky.social
blog.dividedargument.com/p/when-extre...
I’ve posted a short piece for lay readers on Youngstown papers.ssrn.com/sol3/papers....
Yes
Call for papers!
www.law.uchicago.edu/form/uchicag...
www.law.uchicago.edu/news/does-un...
‘The Justices Might Actually Have to Say No, Even to the President’ www.nytimes.com/2026/01/22/o...
I generally agree with this, but I also wonder how much of a convention it actually is. I'd guess that maybe 30-40% of my articles have had a "Part IV" in this sense, and that most or all of my most-cited pieces don't (and to the extent they do, that's not what they're cited for).
1, Im not sure, but 2, shouldn’t it be the state law of interpretation?
Big and good news for the Constitutional Law Institute. Thanks to Deb Cafaro!
Are those all pre-Grzegorczyk?
Zielinski: www.supremecourt.gov/search.aspx?...
Grzegorczyk: www.supremecourt.gov/search.aspx?...
I notice that I am confused by the GVR in Zielinski v. US. I had thought the Court had stopped GVR'ing i/l/o SG confessions of error after Grzegorzyk.
Am I misremembering/misunderstanding?
Pretty sure I'm one of the folks Mark's subtweeting. While I don’t feel compelled to respond, this actually provides a beautiful lesson for how academics and other serious observers might think about engaging with the Court and law. (thread)
I’m not sold that it was either! I am describing …
And I won't give away the ending, but I will tell you the last sentence: "Does the Roberts Court have the will and the power to do what the Marshall Court could not?"
You have to subscribe online or find a place that sells journals to read it. But an excerpt from the heart:
My latest, “Marbury Now,” is published in the latest issue of Liberties! libertiesjournal.com/articles/mar...
