Law Professor

Cambridge, MA
Joined May 2014
Final version: The Standing Realignment | The Supreme Court Review: Vol 2025, By Paz and Re journals.uchicago.edu/doi/10…
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Carl Schmitt and Moral Time Travel, with applause to @StephenESachs (This was both interesting and painful to write.) casssunstein.substack.com/p/…
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1. Our latest, Who Leads in Mass Litigation?, is forthcoming in the Harvard Law Review. With an incredible interdisciplinary team, we took a 20 year dive into lawyers steering multidistrict litigation--which accounts for ~40% of all filed federal cases. papers.ssrn.com/sol3/papers.…
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Judicial economy: papers.ssrn.com/sol3/papers.… Characterizing Agentic Flooding of Government Services arxiv.org/pdf/2608.16603
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Here's a new essay, by @nicholas_bagley and me, discussing Diego Zambrano's exciting new book, How Americans Enforce the Law, on @BzationBlog balkin.blogspot.com/2026/10/…
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In light of the SG asking for certiorari on the question of APA vacatur, I have posted a major REVISION to my "Set Aside" paper. This is a significantly improved version (thanks for all the feedback!) with lots more cases/data too. A VERY interesting subject. Link below. 1/2
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I made an animation showing the Top 10 most-cited Supreme Court cases every year since 1792. It's remarkable how citations (by federal and state courts) have exploded in frequency in the last half century.
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New paper draft: papers.ssrn.com/sol3/papers.…. Write me with what I got wrong--there's plenty of time to revise before February submissions!
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Does AI Have Rights? More relevant today than when first posted, a few months ago. papers.ssrn.com/sol3/papers.…
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Prof. Ryan Williams -- who apparently moved to Brooklyn (congrats!) -- with another banger. On how the Fugitive Slave Act affected the Court's reasoning in Murray's Lessee, and what that teaches us about the origins of the public rights doctrine. Self-recommending. papers.ssrn.com/sol3/papers.…
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NEW ESSAY: "Reading the Justices' Books" Now on @SSRN, my forthcoming @HarvLRev essay on the phenomenon on books by sitting SCOTUS Justices (spurred by the release this week of Justice Alito's first book). papers.ssrn.com/sol3/papers.…
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Thrilled to see this published! I really enjoyed working on this project and learned a lot from researching it. Thanks to the editors at @NwULRev for their work in bringing the article to print.
In “Originalism’s General-Law Turn,” Profs. @NinaVarsava (@WisconsinLaw) & @BWatson_theory (@UIllinoisLaw) argue that general law depended on morality, so identifying constitutional law grounded in general law requires applied moral reasoning. (1/2).
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"Alito’s nominal adherence to originalism even as he struggles to revamp it is but one indication that the doctrine is becoming a zombie creed that functions more as a shibboleth than as an actual guide to conservative constitutional decision making."
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Tune in now at vthepeople.org for our first panel of the day on the history and traditions of Article V!
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Today it's official! Until the Last Yoke is Broken is now published with @Harvard_Press. I will be starting off an academic book tour with a full slate of events @CCSUVU today. If you haven't yet, grab a copy today! amazon.com/dp/0674301684?lv=…
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My latest article, "Evidence Law's AI Problem and the Hearsay Solution" is now available on SSRN. Comments welcome via email! @HarvLRev papers.ssrn.com/sol3/papers.…
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