🇪🇺🏳️🌈⚖️🇭🇺 A legal earthquake - CJEU finds Hungary to have violated EU law on multiple counts with its anti-LGBT+ legislation (as expected) but also for the first time in history, in an EU law-reshaping precedent, finds Hungary to violate Art 2 TEU in a self-standing manner.
Lawrence and Nevitt on the Two-Year Clause and Military Appropriations
Matthew B. Lawrence and Mark Nevitt (both Emory University School of Law) have posted Reviving the Military’s Term Limit (G.W. L. Rev. (forthcoming)) on SSRN. Here is the abstract: This Article argues for the revival of a…
Announcing my latest law review article, Law-Policy Tethering, will be published in Iowa Law Review. The Supreme Court is transforming the law-policy relationship, with big implications for health, environment, labor, and voting. Judicial review is too strict & too deferential. (1/2)
We now have a complete set of teaching case studies on our law and language website! 🤗🥳
These case studies share the experience of 8 Australian academics who have incorporated a law and language focus into their teaching, across diverse, units, disciplines and universities.
Orbán turns out to be more of a democrat than the U.S. president and a nontrivial number of GOP candidates.
Download of the Week: “Historical Practice Theories” by Ahmed
The Download of the Week is Historical Practice Theories by Ashraf Ahmed. Here is the abstract: Contemporary constitutional law and theory is preoccupied with the question of practice. Over the last decade, across a range of issues—from…
Honestly still in shock by its placement, but my article (and job talk paper), “Indigenous Constitutionalism,” is officially out in the Harvard Law Review. A brief thread on this project🧵
harvardlawreview.org/print/vol-13...
Grateful to Professor @lsolum.bsky.social for sharing our work - and for the "Download it while it's hot!" accolade!
There's more in the paper, e.g. the results vary by participant race and politics. And the results do not clearly support increasing AI-based legal procedures. They highlight risks of "humanwashing": superficial human-in-the-loop interventions may satisfy concerns about perceived procedural justice.
In a new paper with Ben Chen, Yoan Hermstrüwer, Pascal Langenbach, and Alexander Stremitzer, we find that even minimal human oversight substantially decreases the gap: When a judge retains final authority, AI procedures are rated as no less fair than purely human adjudication.
The worry about perceived procedural justice is common. Justice Roberts's 2023 year-end report cited the perceived "human-AI fairness" gap as a concern about AI-use in the judiciary.
www.supremecourt.gov/publicinfo/y...
Prior studies have found that people perceive AI-led legal processes as less fair than human-led ones. This is the legal "human-AI fairness gap."
New studies (N = 7,651) discover that this gap is mitigated with even minimal human involvement in the AI process.
papers.ssrn.com/sol3/papers....
Two weeks to remove him. Now.
Important thread and paper. This is one of my biggest worries about chatbots, especially when combined with roleplay and any kind of user-chatbot "relationship." And now imagine persuasion for politics and other topics, not just purchasing choices...
Whatever happens, this is a deeply shameful episode in American history that will leave a permanent stain on the country.
Repeatedly vowing to commit war crimes against millions of innocent civilians is beyond the pale.
This is a threat to commit an atrocity crime of extraordinary proportions.
The statement appears to be designed to spread terror among the Iranian population, which would render the threat itself a violation of international law, as recognized in the DoD Law of War Manual.
Republicans in Congress support this.
It’s that simple
Trump has done many terrible things over the past decade.
He deliberately created anxiety, fear, and instability.
But today's dread feels different.
He is threatening a different order of terror. Mass war crimes. Countless civilian deaths.
Will the date April 7, like Dec. 7, live in infamy?
Jamal's right: The story here isn't Trump; this is entirely consistent with what everyone's known about him for many years. The story is the complete degradation of a major political party.
That said, committing war crimes & violating the Establishment Clause all in a single tweet is impressive.
Constitutional lawyer here. I don't think it would violate the Constitution for the VP/Cabinet to invoke the 25th Amendment, but the intended constitutional remedy for this behavior is impeachment & removal. The fact that that remedy is politically impossible is a scandal and a crisis.
Originalist debates often draw on historical analysis.
Yet in statutory cases, textualist decisions--and critiques of them--rarely draw on linguistics.
Linguistics can and should inform debates about textualism: papers.ssrn.com/sol3/papers....
(with @bwal.bsky.social)
The lane is open for a 2028 candidate to pledge to accept jurisdiction of the International Criminal Court
It was one thing for Congress to sign off on Bondi before it knew how DOJ would be weaponized, and entirely a different thing for it to blindly approve whoever Trump nominates to replace her now that it has notice of what DOJ is capable of. They better take their job seriously.
If folks are interested, I've just posted an updated draft of The Chadha Presidency, with revisions accounting for the Supreme Court tariffs case, Iran WPR resolutions of disapproval, and more. ssrn.com/abstract=536...
As those with Constitutional responsibilities (looking at you Congress) are flailing in the face of illegal actions by the Executive, I'm proud to be part of this professional community, willing to come together to give voice to the rule of law: www.justsecurity.org/135423/profe...
The *majority* of philosophy papers now cite at least some empirical data. Papers that do purely a priori philosophy are in a minority
Originalist debates often draw on historical analysis.
Yet in statutory cases, textualist decisions--and critiques of them--rarely draw on linguistics.
Linguistics can and should inform debates about textualism: papers.ssrn.com/sol3/papers....
(with @bwal.bsky.social)
Social movement scholar here to comment on No King again. a 🧵:
These protests are important b/c:
1.) as sustained image events, protests offer evidence of continued disapproval of the direction the country is going and disavowal of the country's leadership.
My colleague, Felipe, always knocks it out if the park. So nice to see his work highlighted on Solum’s blog.
Birthright citizenship is not my lane, but I sometimes get this critique re legitimation when I write about the Second Amendment. It seems to me—among other things—to ignore the reality that legal arguments & historical analysis can often *themselves* significantly affect the “political dynamics”.