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Posts by Noah Rosenblum

And apparently, now we’re back to winter?

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It is too soon to be this sweaty this early

5 days ago 3 0 2 1

I’m glad Mason went on the record about this. I taught his section of 1Ls. Just imagine asking a student a question in class—any question at all—and imagine how it will affect their answer when they know their classmates are actively “vetting” for future employers whether they are “solid.”

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Mr. Jacobson tapped his phone on a conference table. "It's on the app," he said. In a year he had wagered about $4.46 million on DraftKings and FanDuel accounts, two of the nation's leading online sports betting sites, according to investigators.

Mr. Jacobson tapped his phone on a conference table. "It's on the app," he said. In a year he had wagered about $4.46 million on DraftKings and FanDuel accounts, two of the nation's leading online sports betting sites, according to investigators.

Sports gambling is a scourge and it is a shame on our country that we’ve allowed this to proliferate

www.nytimes.com/2026/04/14/n...

6 days ago 397 59 3 8
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Registration Open: 2026 ABA Spring Administrative Law Conference, May 7-8, 2026, Washington DC - Yale Journal on Regulation The ABA Administrative Law and Regulatory Practice Section’s Spring Conference will feature these hot-topic CLE programs on Friday, May 8: Join us in Washington, D.C., for these programs and academic ...

The ABA Administrative Law Section is hosting its Third Annual Spring Administrative Law Conference. Some really great CLE panels: www.yalejreg.com/nc/registrat...

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Can we get a deceptive practice investigation into ride share pricing? When the app shows you a price and time estimate that turn out not to be available, isn’t that just gussied up false advertising?

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Please join us as we celebrate the publication of the 3rd edition of the Comparative Administrative Law Handbook: New Voices, New Perspectives!! April 29, 12:30pm EDT over Zoom. We have great panelists to explain the handbook's vision, present its chapters, and comment on it.

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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 gun rights to elections to school prayer to the structure of the administrative state—the Supreme Court has decided cases on the basis of past practice.

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…

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One hundred and sixty one years ago today, General US Grant accepted the surrender of the defeated rebel leader Robert Lee. Lee’s treachery caused the needless deaths of many Americans. The cause he fought for was slavery. Today, we celebrate a new birth of the republic, in freedom.

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The Union forever, hurrah boys hurrah, down with the traitor and up with the star.

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Sarang Shah | Center for Law and the Economy Sarang Shah is an incoming Fellow in Public Economic Law at the Center for Law and the Economy and Columbia Law School. He is also a PhD candidate in political science at the University of…

We have a website! Which means...

I'm thrilled to share that I will be joining the Center for Law and the Economy at Columbia Law School as a Fellow in Public Economic Law later this summer!

Hope to connect further with scholars and others at Columbia and the NYC metro area over the coming years.

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Am I ready for a perfect storm to come at me like a dark horse? Today, at 6:45AM in the year of our lord 2026? Yes Katie. Yes I am.

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Democrats’ Colossal Missed Opportunity to Shape the Supreme Court The collapse of Harriet Miers’ 2005 nomination is still reverberating.

This Politico article is thought provoking, but the headline is a little rich. The article notes in its opening sections that (1) GOP had control of Senate and (2) *Rs* turned on Bush to put a hard right movement judge in! This is another story of GOP radicalization; not clear there was opportunity.

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CONTENTS
Acknowledgments ix
Trying to Save the Soul of America 1
Julian E. Zelizer
2
The Red and the Blue Endure 15
Julian E. Zelizer
3 Antagonists and Enablers: The Tragic Dance of Biden and the Supremes 29
John Fabian Witt
4
Between the Nightmare and the Noble Dream:
The Ideal of Department of Justice Independence in a Time of Hyperpartisanship 52
Noah A. Rosenblum
Checked Ambition: The Biden Economic Agenda 70
Sean H. Vanatta
6
Unrequited Labor: The Biden Administration's Failure to Win Over Working-Class America 92
Michael Kazin
7 Energy, Climate, and the Environment 104
Paul Sabin
8 After the Fall of Roe: The Biden Presidency and Reproductive Policy 123
Mary Ziegler

CONTENTS Acknowledgments ix Trying to Save the Soul of America 1 Julian E. Zelizer 2 The Red and the Blue Endure 15 Julian E. Zelizer 3 Antagonists and Enablers: The Tragic Dance of Biden and the Supremes 29 John Fabian Witt 4 Between the Nightmare and the Noble Dream: The Ideal of Department of Justice Independence in a Time of Hyperpartisanship 52 Noah A. Rosenblum Checked Ambition: The Biden Economic Agenda 70 Sean H. Vanatta 6 Unrequited Labor: The Biden Administration's Failure to Win Over Working-Class America 92 Michael Kazin 7 Energy, Climate, and the Environment 104 Paul Sabin 8 After the Fall of Roe: The Biden Presidency and Reproductive Policy 123 Mary Ziegler

vili CONTENTS
9 Biden, Congressional Impasse, and the "Broken"
U.S. Immigration System 142
Maria Cristina Garcia
10 Trans Rights and the Emerging Politics of Gender 159
Timothy Stewart-Winter
11 The Biden Presidency and the Education Wars 173
Natalia Mehlman Petrzela
12 The Equity President: Biden's Reckoning with Race and the Nation 188
Khalil Gibran Muhammad
13 Invest, Align, Compete: Biden on China 208
Joyce Mao
14 Biden, Russia, and Ukraine 223
Ekaterina Pravilova
15 Biden and the Middle East: Legacy at a Crossroads 242
Daniel C. Kurtzer
16 How Biden Failed to Understand the Modern
Media Presidency 264
Kathryn Cramer Brownell
17 The Historic, and Consequential, Harris Vice Presidency 281
Joel K. Goldstein
18 The Withdrawal 301
Timothy Naftali
Notes 333
Contributors
Index 419
413

vili CONTENTS 9 Biden, Congressional Impasse, and the "Broken" U.S. Immigration System 142 Maria Cristina Garcia 10 Trans Rights and the Emerging Politics of Gender 159 Timothy Stewart-Winter 11 The Biden Presidency and the Education Wars 173 Natalia Mehlman Petrzela 12 The Equity President: Biden's Reckoning with Race and the Nation 188 Khalil Gibran Muhammad 13 Invest, Align, Compete: Biden on China 208 Joyce Mao 14 Biden, Russia, and Ukraine 223 Ekaterina Pravilova 15 Biden and the Middle East: Legacy at a Crossroads 242 Daniel C. Kurtzer 16 How Biden Failed to Understand the Modern Media Presidency 264 Kathryn Cramer Brownell 17 The Historic, and Consequential, Harris Vice Presidency 281 Joel K. Goldstein 18 The Withdrawal 301 Timothy Naftali Notes 333 Contributors Index 419 413

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The Presidency of Joseph R. Biden Leading historians offer the first look at Biden’s four years in the White House

Today is pub day for this exciting new volume on the Biden administration in historical perspective!! Thank you to our fearless editor @zelizer.bsky.social for pulling us together. I’m in here on the DOJ, alongside fantastic chapters on everything from polarization to education. TOC below.

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I had forgotten that the new US News law school rankings were coming out. They seem more useless every year. I hope that students do not over-rely on them in making their decision about where to study. And I worry about how their false precision will get picked up by LLMs.

2 weeks ago 21 1 0 0

What @andycraig.bsky.social says is right — power of the purse is the cornerstone of constitutional government, at least in theory. It’s supposed to be a massive safeguard. But for nearly 150 years scholars have lamented its decline. We should think about how to reinvigorate it.

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I'm a bit of a broken record on this, but usurping the power of the purse isn't just one constitutional violation among all the many others. It is, uniquely and singularly, the death of constitutional government altogether. Game over, end of story, you now live in an autocracy.

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Places social science & public policy readers may not expect to see legal history? Don's substack on today's good governance.

I applied "administrative burdens" to 19th century state law restricting the internal mobility of free Black people to help us understand and assess state capacity.

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“He stated as indispensable conditions of a settlement: the restoration of the authority of the United States over the whole of the State, and the cessation of hostilities by the disbanding of the army, and that there shall be no receding on the pat of the Executive from his position on the slavery question. The latter proposition was explained to mean that the Executive action on the subject of slavery, so far as it had been declared in messages, proclamations and other official acts, must pass for what they were worth; that he would not receded from his position. But that this would not debar action by other authorities of the government.”

“He stated as indispensable conditions of a settlement: the restoration of the authority of the United States over the whole of the State, and the cessation of hostilities by the disbanding of the army, and that there shall be no receding on the pat of the Executive from his position on the slavery question. The latter proposition was explained to mean that the Executive action on the subject of slavery, so far as it had been declared in messages, proclamations and other official acts, must pass for what they were worth; that he would not receded from his position. But that this would not debar action by other authorities of the government.”

Today we celebrate not only the second night of Passover, but, fittingly, the anniversary of the fall of Richmond. As Union troops pressed in on the capital of the Confederacy, the traitor Jefferson Davis and his cabinet fled. Truly a day to honor and remember for all patriots and lovers of freedom.

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In April 1944, at the Anzio Beachhead in Italy, Sidney Hyman, a United States Army officer, led a Passover Seder for the Jewish troops who assembled from all corners of the beachhead. In an abandoned barn, in the midst of shelling and artillery fire, American servicemen observed the Passover. Sydney wrote to his sister Flo:
[...]Iadded that the world owes much to our grandfathers for keeping alive the concept of political freedom -- that in its largest sense, Passover was or should be not only a Jewish holiday, but a holiday for all men of good will to whom freedom and life are indivisible concepts -- that the Exodus of Egypt and the battles fought to secure freedom were the father of all such battles - at Marathon, Lexington, Gettysburgh and the ones we ourselves are fighting -- that the "Haggadah" of Passover, in its largest significance is the "Haggadah" of a Gettysburgh Address or Walt Whitman's poetry. L...]
As it was, Passover was observed here because the men truly wanted to observe it, at considerable peril to themselves. We did the best we could with what we had in hand. I think the very imperfection of our means, inviting as it did total participation to compensate for the imperfection, heightened the majesty of the occasion. It was, in a sense, a very primitive observance of the holiday, and for that very reason -- a whole-souled observance of it. I returned to camp over the same road that had been under shell-fire, and once again, the passage was easy. In my mood and in the mood of the men who accompanied me, we all felt that even if a shell hit our vehicle, it would be the shell and not us who would be shattered. All of us who participated in the ceremony feel exhilarated and it has been with considerable effort that I have managed to write you when, instead, I wanted to shout to you. For somehow or other, I felt, while the services were in progress, that father was standing by my side, smiling his wonderful smile at the lesser heresies committed, but a…

In April 1944, at the Anzio Beachhead in Italy, Sidney Hyman, a United States Army officer, led a Passover Seder for the Jewish troops who assembled from all corners of the beachhead. In an abandoned barn, in the midst of shelling and artillery fire, American servicemen observed the Passover. Sydney wrote to his sister Flo: [...]Iadded that the world owes much to our grandfathers for keeping alive the concept of political freedom -- that in its largest sense, Passover was or should be not only a Jewish holiday, but a holiday for all men of good will to whom freedom and life are indivisible concepts -- that the Exodus of Egypt and the battles fought to secure freedom were the father of all such battles - at Marathon, Lexington, Gettysburgh and the ones we ourselves are fighting -- that the "Haggadah" of Passover, in its largest significance is the "Haggadah" of a Gettysburgh Address or Walt Whitman's poetry. L...] As it was, Passover was observed here because the men truly wanted to observe it, at considerable peril to themselves. We did the best we could with what we had in hand. I think the very imperfection of our means, inviting as it did total participation to compensate for the imperfection, heightened the majesty of the occasion. It was, in a sense, a very primitive observance of the holiday, and for that very reason -- a whole-souled observance of it. I returned to camp over the same road that had been under shell-fire, and once again, the passage was easy. In my mood and in the mood of the men who accompanied me, we all felt that even if a shell hit our vehicle, it would be the shell and not us who would be shattered. All of us who participated in the ceremony feel exhilarated and it has been with considerable effort that I have managed to write you when, instead, I wanted to shout to you. For somehow or other, I felt, while the services were in progress, that father was standing by my side, smiling his wonderful smile at the lesser heresies committed, but a…

Chag sameach.

Here’s a little reading that grew up with, in the Haggadah a family friend wrote. I thought this was a “standard” reading for Passover. Turns out it was pulled by that family friend as she compiled, from the original letter itself in a trunk or drawer somewhere.

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It’s not strange. Grown Americans in positions of power & authority called the police on to campuses, and threatened the future work and livelihood of 20 year olds because they dared to stand against the mass bombing of women and children.

And they will never forget it.

3 weeks ago 798 227 18 5

My favorite part of the Randy Barnett WSJ oped on birthright citizenship is where he says: the originalist case for Trump’s position is as strong as the originalist case was for an individual right to bear arms under the Second Amendment. I don’t think that is quite the own you think it is.

2 weeks ago 21 1 1 2

Casey is a rockstar — so glad to see this coming out!!

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I continue to be genuinely shocked every time I read about another Trump cabinet official who lives *on a military base.* Being among the people is such a foundational Republican commitment. Rule and be ruled in turn. I really think this should not be allowed.

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Can I make a living from my art without killing the romance? The Drift's advice column #3

March installment of Sophie’s advice column just in the nick of time!

newsletter.thedriftmag.com/p/can-i-make...

2 weeks ago 2 1 0 0

Can’t wait to read this!!

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Supremacy From two acclaimed legal scholars, a new history of the Supreme Court that overturns our most basic assumptions about its role in our democracy, showing how it seized the power it now wields., Suprema...

After years of research, Daphna Renan & I are thrilled to announce preorders of SUPREMACY. Why is US democracy so broken? One reason is we've wrongly accepted that 9 justices have the final say over the Constitution. This book traces how that happened—& how we can reclaim power to govern ourselves.

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Public Health Law, Social Movements, and the Feminist Remaking of AIDS - Health Law Aziza Ahmed, Risk and Resistance: How Feminists Transformed the Law and Science of AIDS (2025).Maya ManianFor more than forty years, HIV/AIDS has been understood as a paradigmatic public health crisis...

Delighted to review @azizaahmed.bsky.social's terrific book "Risk and Resistance: How Feminists Transformed the Law and Science of Aids" at JOTWELL: health.jotwell.com/public-healt...

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Thanks Beau!!

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