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...
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome.
open.substack.com/pub/michaelp...
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome.
open.substack.com/pub/michaelp...
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome.
open.substack.com/pub/michaelp...
Latest Substack, drawing together stuff on Richard Primus and the future of legal education. On accountability, AI, judging easy cases, and more. As always, comments and suggestions welcome!
open.substack.com/pub/michaelp...
Latest Substack, drawing together stuff on Richard Primus and the future of legal education. On accountability, AI, judging easy cases, and more. As always, comments and suggestions welcome!
open.substack.com/pub/michaelp...
Legal Theory Musings
The first issue of Legal Theory Musings was published today. You may have followed recent debates about legal scholarship and the Supreme Court's birthright citizenship case: that's the topic of the first issue of the Mustings. If you are a paid subscriber to Legal Theory…
Latest post on Substack. On Richard Primus' recent paper, describing how (American) lawyers and judges play the game of constitutional interpretation. With brief reflections on ethos and constitutional memory. Thoughts and comments much appreciated.
open.substack.com/pub/michaelp...
Latest post on Substack. On Richard Primus' recent paper, describing how (American) lawyers and judges play the game of constitutional interpretation. With brief reflections on ethos and constitutional memory. Thoughts and comments much appreciated.
open.substack.com/pub/michaelp...
I have created a new personal website with information about my public commentary, scholarship, and teaching, as well as useful data and materials relating to American constitutional, political, and intellectual history. It can be found at keithewhittington.com/index.html
"Notice, too, that all of the things that people will want human lawyers for – human judgment, human relationships, human accountability – are things that law schools cannot effectively teach at scale."
A really well-written post with lots of great points. I don't teach at a law school, but I send a lot of students their way. And some of the same problems infect undergraduate education. Worth reading.
Some further thoughts, building on yesterday's post, on the value of local legal knowledge in the age of AI.
open.substack.com/pub/michaelp...
My latest Substack. A question for our next dean - and for every Canadian and American law dean out there: in an age of artificial intelligence, how will you justify law schools' existence? Comments welcome.
open.substack.com/pub/michaelp...
Some further thoughts, building on yesterday's post, on the value of local legal knowledge in the age of AI.
open.substack.com/pub/michaelp...
Study Visas issued, selected anglophone countries, 2019-2025.
We often talk as if we're all going through similar journeys, but the magnitudes of the swings are quite different.
Thanks Emmett! Appreciate it.
My latest Substack. A question for our next dean - and for every Canadian and American law dean out there: in an age of artificial intelligence, how will you justify law schools' existence? Comments welcome.
open.substack.com/pub/michaelp...
New Substack post. On the FLSC's National Requirement, and the language of "demonstrated competency". What would it mean if Canadian law schools actually took it seriously? Comments and suggestions welcome.
open.substack.com/pub/michaelp...
New Substack post. On the FLSC's National Requirement, and the language of "demonstrated competency". What would it mean if Canadian law schools actually took it seriously? Comments and suggestions welcome.
open.substack.com/pub/michaelp...
Latest Substack post. On the written and unwritten law of (Charter) interpretation in Canada - in 1982 and now. Thoughts on William Baude & Stephen Sachs (re general law); Cass Sunstein; and Gerard Kennedy. Comments and thoughts very welcome.
open.substack.com/pub/michaelp...
Latest Substack post. On the written and unwritten law of (Charter) interpretation in Canada - in 1982 and now. Thoughts on William Baude & Stephen Sachs (re general law); Cass Sunstein; and Gerard Kennedy. Comments and thoughts very welcome.
open.substack.com/pub/michaelp...
Plaxton: "[T]hese cases, and the constitutional interpretive methodology for which they stand, are fundamentally based on bedrock ideas of political morality and philosophy...".
Plaxton on the Contestability of Interpretative Methodology in Canada
I recommend the excellent discussion at Michael Plaxon's Substack: Interpretive Methodology: Is Anything Ever Really Settled?. Here is a taste: Yet I believe we have reached a kind of tipping point in Canadian constitutional…
Very, very chuffed by this. Many thanks.
Latest on Substack: my first of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On common sense, myths and stereotypes, and appellate review. Second will be posted tomorrow.
open.substack.com/pub/michaelp...
My second of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On what the decision conspicuously doesn't say about the role of the trial judge and (relatedly) judicial notice. Comments and thoughts welcome.
open.substack.com/pub/michaelp...
My second of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On what the decision conspicuously doesn't say about the role of the trial judge and (relatedly) judicial notice. Comments and thoughts welcome.
open.substack.com/pub/michaelp...
Latest on Substack: my first of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On common sense, myths and stereotypes, and appellate review. Second will be posted tomorrow.
open.substack.com/pub/michaelp...
New Substack post on the 2025 SCC decision in Rioux. Incapacity by intoxication, the evidentiary challenges of disproving subjective consent and incapacity when the complainant has significant memory issues; and a (perhaps controversial) proposal for reform.
open.substack.com/pub/michaelp...