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Posts by Michael Herz

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Daniel R. Mandelker | WashU Law

Dan Mandelker (Wash U.) seems to have started teaching in 1949 (Drake). Did other things from 1951-52; returned to teaching in 1953 (Indiana); at Wash U. since 1962. law.washu.edu/directory/pr...

1 week ago 0 0 0 0
The Deep Causes of The Shallow State - Administrative Law Ganesh Sitaraman, The Secular Decline of the American State, 100 NYU L. Rev. 2197 (2025).Michael E HerzA year into the second Trump administration, the 47th president has done a pretty darn impressive...

Before we rebuild, we need to diagnose. You could do a lot worse than this (as depressing as it is).

2 months ago 5 2 0 0
Washington, Patton, Schwarzkopf, and . . . Ashcroft? In the Supreme Court, the halls of Congress, and elsewhere, the Attorney General and the Solicitor General are often addressed as "General," as if the

Perfect. (Same for Assistant, Associate, and Full Professors?) Pace @joshchafetz.bsky.social , I still think calling the AG and SG "General" is nuts. ssrn.com/abstract=366...

2 months ago 2 0 1 0

Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.

This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!

Thread of topics we will cover:

5 months ago 34 22 1 4
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I use Claude (an AI) to scan my posts for spelling and grammar errors. On the most recent post (about the East Wing, link below), I got a really amazing addendum.
www.pbump.net/o/yes-most-a...

5 months ago 2991 1038 113 113

I wish he had made more of the central, most important, number one, fundamental feature: efficiency.

6 months ago 4 0 1 0

Which, alas, is also true of essentially everyone asking the questions as well. Congressional hearings are 99% performance, 1% substance. (Though Bondi was truly appalling.)

6 months ago 0 0 0 0
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This 1973 Herblock cartoon seems apropos. Though the theft metaphor is off; today the drawing would show Congress dropping its powers off at a thrift shop.

7 months ago 2 0 0 0
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Looking forward to welcoming Michelle Adams back to @cardozolaw.bsky.social to discuss her wonderful book, The Containment. 9/17 at 6pm. Extra bonus: James Forman and Alex Reinert. Not to be missed! Details and registration: www.eventbrite.com/e/michelle-a...

7 months ago 2 0 2 0

native washingtonian here. i've lived in this area my whole life. i've never felt less safe than i have in the past couple weeks.

7 months ago 438 89 19 8
Exit Strategy NYC - The Ultimate NYC Subway App for iPhone

Exit Strategy is better. www.exitstrategynyc.com

8 months ago 1 0 0 0
Chart showing risk of being murdered in the subway if you rode 500 times last year (0.4 in 100,000) versus other risks such as that of dying in a traffic accident in the US last year (12.1 in 100,000)

Chart showing risk of being murdered in the subway if you rode 500 times last year (0.4 in 100,000) versus other risks such as that of dying in a traffic accident in the US last year (12.1 in 100,000)

The subway risk chart you've been waiting for (Sawyer County, Wisconsin, is where Sean Duffy is from). Gift link: www.bloomberg.com/opinion/arti...

9 months ago 3706 1214 83 105

@bradlander.bsky.social showing why he would have been a great mayor (and will, I trust, be a great something or other in a Mamdani administration)

9 months ago 2 0 1 0
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Opinion | This Is Brad Lander’s New York

www.nytimes.com/2025/06/18/o...

10 months ago 86 10 10 3
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StreetsPAC Ranks Lander #1 for Mayor, Offers Other Picks for Comptroller, Beeps and Council - Streetsblog New York City The livable streets political action committee says Lander's plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any…

NEW: StreetsPAC recommends that voters rank Comptroller Brad Lander first for mayor, saying his plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any office." buff.ly/WgU5qEr

10 months ago 35 14 1 2
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10 months ago 5 0 0 0
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10 months ago 4 0 0 0
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Judicial Deference and Presidential Power Under the Alien Enemies Act Legal scholar discusses where judges have and should draw the line on judicial deference to the President in Alien Enemies Act litigation.

Judicial Deference and Presidential Power Under the Alien Enemies Act

By @becingber.bsky.social

A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. “political question doctrine”) in #AlienEnemiesAct cases

www.justsecurity.org/113589/polit...

11 months ago 20 8 0 0
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Here Is Everything That Has Changed Since Congestion Pricing Started in New York Fewer cars. Faster travel. Less honking. And some questions we still can’t answer.

How long can New Jersey and Sean Duffy keep fighting, and misrepresenting, a policy with such sweeping benefits?
www.nytimes.com/interactive/...

11 months ago 0 0 0 0

First time I heard that phrase was from Judge Robert Sack at a Cardozo event at which Second Circuit judges discussed judicial reliance (or not) on . . . legal scholarship. (Then Judge Sotomayor's only comment of the night, as I recall, was: "We don't read your articles. Get over it.")

11 months ago 4 0 0 0
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Trying to pin down Elon's emotional age. The toy badge makes him seem about 5. But the 69420 is more sophisticated, what might give a frisson to an 11-year-old. So somewhere in that range.

11 months ago 0 0 0 0

Emboldened by spending too much time reading his clippings after the Abrego Garcia opinion?

11 months ago 0 0 0 0
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Going

1 year ago 2 0 0 0
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Started

1 year ago 2 0 1 0
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DOGE Is Far Short of Its Goal, and Still Overstating Its Progress Elon Musk now says his group will produce only 15 percent of the savings it promised. But even that estimate is inflated with errors and guesswork.

DOGE set out on a hunt for nails, equipped only with a hammer. They have managed to nail a few boards together and, beaming with pride, are shouting "Look what I made!" But it turns out woodworking is more complex.
www.nytimes.com/2025/04/13/u...

1 year ago 5 2 2 0

Note that DOE went through n&c in adopting the original definition (2013); did so again in the Trump administration in replacing that rule with a more forgiving definition; and did so again in the Biden administration when reinstating the 2013 rule.

1 year ago 1 0 1 0
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There's a conceivable (tho wrong, I think) argument that this is an interpretive rule and so doesn't require notice and comment. But that's a totally different principle. The idea that n&c is not required b/c the Pres ordered the rule withdrawn is completely unfounded, novel, and absurd.

1 year ago 1 0 1 0

Another spectacular hiring year @cardozolaw.bsky.social. Very much looking forward to working with these five new colleagues!

1 year ago 1 0 0 0
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Very pleased to be among the 49 @cardozolaw.bsky.social faculty members to sign this letter to our students.

1 year ago 3 0 0 0
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Today, I joined 78 of my fellow law school deans in signing the following… | William M. Treanor | 40 comments Today, I joined 78 of my fellow law school deans in signing the following letter, issued March 26, 2025: "As deans of law schools, we have a special… | 40 comments on LinkedIn

An excellent open letter from 79 law school deans. But the most striking fact is that well over half of all deans did not sign. It cannot be out of substantive disagreement. Presumably they or their universities have been cowed into silence. www.linkedin.com/posts/willia...

1 year ago 0 0 0 0