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Posts by Nick Bednar

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Introduction Abstract. Constitutional arrangements of governmental power can become entrenched to determine who gets fundamental rights. Americans hold as an article of

Link to read the Introduction for free until May 10: academic.oup.com/book/62224/c...

Link to order an autographed bookplate sticker if you bought my book: www.annaolaw.com/contact

Link for 40% discount on my book + other new releases: global.oup.com/academic/pro...

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This is peak Pat.

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I knew I shouldn't have travelled on RSD.

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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 foreword to the law review's annual administrative law issue presents a timely opportunity to take stock of the future of regulatory governance. This Foreword argues that, especially in this time of flux, we should seek to embrace proportionality as an organizing principle in administrative law.

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…

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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.

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Ad Law Reading Room: "Protecting Perkins: Removal, Supervision, and Article II," by Amy Wildermuth and Peyton Baker - Yale Journal on Regulation Today’s Ad Law Reading Room entry is “Protecting Perkins: Removal, Supervision, and Article II,” by Amy J. Wildermuth and Peyton C. Baker. Here is the abstract: With the Supreme Court almost certain t...

@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...

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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

4 days ago 21 10 0 1
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Severe staffing cuts at GSA are harming agencies across government, watchdog says Due to the reductions, agencies reported that they were unsure about who to contact at GSA and had to delay project timelines.

GSA implemented significant staffing cuts without analyzing impacts on its work, and agencies throughout government are feeling the impacts via @seanthenewsboy buff.ly/rqia6uf

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‘A better group of people’: A year after deep staffing cuts, HHS on track to grow its workforce | Federal News Network HHS Secretary Robert F. Kennedy, Jr. said the department's new hires are more aligned with the Trump administration’s priorities.

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

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Message me an email address

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Same issue but I opted for the Political Science Ph.D.

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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.

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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.

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Why three professors changed their minds - Harvard Law School When Nikolas Bowie, Yochai Benkler and Samantha Power hit roadblocks to their beliefs, they pivoted to fresh approaches.

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.

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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.

3 days ago 37 13 5 1
Reading the Eastman Disbarment Recommendation
Quinta Jurecic
Thursday, April 4, 2024, 11:31 AM
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Many, though not all, of the lawyers who attempted to overturn the 2020 election continue to face the fallout.

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...

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Padilla to Vought: What grade do you give yourself for putting the civil service in trauma?

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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 increasingly demonstrates that generative artificial intelligence has the capacity to improve the speed and quality of legal work, yet many lawyers, judges, and clients are reluctant to fully embrace AI.

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…

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Maybe you're right. Maybe we need transparency and shame.

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Some of us Minnesotans would prefer that you not know how we pronounce New Prague.

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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.

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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.

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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.

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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.

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I couldn't let her have all the fun.

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A wet dog looking sad on the couch

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.

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This week in "I told you so."

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Congratulations! So well deserved.

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I think there is a strong likelihood Jackler and Jaroch (i.e., the immigration judge cases) make their way to the US Supreme Court.

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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.

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