Link to read the Introduction for free until May 10: academic.oup.com/book/62224/c...
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Posts by Nick Bednar
This is peak Pat.
I knew I shouldn't have travelled on RSD.
Download of the Week: “Proportionality in Administrative Law” by Walker
The Download of the Week is Proportionality in Administrative Law by Christopher J. Walker. Here is the abstract: In this era of rapid change in administrative law—both at the Supreme Court and from the White House—the…
As an academic, the best kind of error is claiming that a hypothesis can never be tested (or, in this case, tested within our lifetime)—only to later discover the evidence that allows you to test it.
@dtdeacon.bsky.social has a nice write up of Wildermuth and Baker's recent piece on Perkins and the future of the civil service at the Court.
www.yalejreg.com/nc/ad-law-re...
Some key takeaways from new work with @marknevitt.bsky.social:
🚫Funding the military long term through reconciliation is unconstitutional
🚫Long-term military funding in OBBA is unconstitutional
❓Maybe ICE funding too
🚫Tapping the Judgment Fund for defense procurement contracts is unconstitutional
GSA implemented significant staffing cuts without analyzing impacts on its work, and agencies throughout government are feeling the impacts via @seanthenewsboy buff.ly/rqia6uf
And HHS will continue to argue to the MSPB that the RIF was done for a bona fide reason & HHS followed all regulations….
How much $$ will that cost…. instead of rehiring illegally fired Feds.
@firedbutfighting.bsky.social @nicholasbednar.bsky.social @donmoyn.bsky.social @hoyer.house.gov
Message me an email address
Same issue but I opted for the Political Science Ph.D.
Absolutely. I'll warn that I taught it for the first time last spring and I'll likely spend the summer overhauling it. It got great reviews but I think there is a lot I could improve upon. Will email it to you shortly.
This is why I started teaching Policymaking and Public Administration to law students. On Day 1, I tell them that we spend most of law school teaching them what the law is. This is their opportunity to think about what the law should be and how to change it.
I’ve changed my mind about a lot of things, but talked about why I think law schools need to teach people how to make law and not just litigate under it.
This link where you can order Migration and the Origins of American Citizenship with a 40% conference discount even if you are not attending or at the conference. Go to the link and search for the book by title. Thanks, Kevin.
Reading the Eastman Disbarment Recommendation Quinta Jurecic Thursday, April 4, 2024, 11:31 AM Share On: Share on Facebook Share on X Share on LinkedIn Share on BlueSky Share on Threads Print this article Many, though not all, of the lawyers who attempted to overturn the 2020 election continue to face the fallout.
I covered the John Eastman bar discipline process when at Lawfare. It's been a long time coming. www.lawfaremedia.org/article/read...
Padilla to Vought: What grade do you give yourself for putting the civil service in trauma?
Bednar, Cleveland, Erbsen, and Schwarcz on AI and Human Legal Reasoning
Nicholas Bednar, David R. Cleveland, Allan Erbsen, and Daniel Schwarcz (University of Minnesota Law School) have posted Artificial Intelligence and Human Legal Reasoning on SSRN. Here is the abstract: Empirical evidence…
Maybe you're right. Maybe we need transparency and shame.
Some of us Minnesotans would prefer that you not know how we pronounce New Prague.
But, you're right, we don't test that because we haven't found a great way to look at the long term impacts of AI use on legal skills. Moreover, it's such a new technology it may be hard to fully estimate those effects at this stage.
Junior associates who use AI become partners tasked with evaluating the work product of junior associates. By use of AI during their own junior years, they dull their senses and instincts of what works and what doesn't. It's trickle down dulling of skills.
FWIW, my sense is that you are correct (if I understand you correctly). Today, you have senior lawyers who have good instincts about how to evaluate work product from other attorneys. Those instincts are derived from genuine practice and working through the issues.
This is a good thoughtful discussion of the paper that I've commented on elsewhere. I think I would characterize the concerns about the use of AI in legal contexts a bit differently than @danielschwarcz.bsky.social does but, as I've also said, this definitely provies interesting data.
I couldn't let her have all the fun.
A wet dog looking sad on the couch
We rolled around in a dead rabbit and we are sad that we were forced to take a bath.
This week in "I told you so."
Congratulations! So well deserved.
I think there is a strong likelihood Jackler and Jaroch (i.e., the immigration judge cases) make their way to the US Supreme Court.
This is facilitated, in part, by a recent MSPB decision that says removal protections for Immigration Judges are unconstitutional. The MSPB's decision is wrong under existing precedent, but it has certainly emboldened the administration.