Associate professor @UVALaw writing (mostly) about federal courts and constitutional law. Like, retweet =/= endorsement

Joined May 2021
New paper up on SSRN - Interbranch Litigation - Comments welcome! papers.ssrn.com/sol3/papers.…
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I argue that interbranch justiciability rules produce effects that extend beyond the courtroom to shape the separation of powers in instances that do not get to court
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Along the way, learn about the substantive areas where a motivated Congress is most likely to be successful in pressing back on executive power in court: information disputes, appropriations, impoundment, and structural circumvention of bicameralism and presentment
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The Court just granted cert in US DOGE Service, which asks whether (1) COA departed from the separation-of-powers principles in Cheney v. District Court; (2) Whether a ct can order discovery against an Exec Office advisory body to decide if FOIA's disclosure requirements apply
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And when cts subvert judicial power to executive power, there are knock on effects outside of court too. The Executive Branch will use this case in information disputes with Congress to press back further on Article I.
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If you care about the functional separation of powers, this seemingly small case about discovery is a case to watch.
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Payvand Ahdout retweeted
Our office is again hiring one or more attorneys for a one-year fellowship to work directly with the Illinois Solicitor General and her team, beginning in August/September 2027.
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In “Child Labor and State Constitutionalism,” Profs. Andrew Hammond (@IUMaurerLaw) & Helen Hershkoff (@nyulaw) examine corporate-backed efforts in some states to roll back child labor protections under cover of “parents’ rights,” amid weak federal enforcement. (1/2).
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Payvand Ahdout retweeted
The Individual Right to Bear Arms for Common Defense, is now forthcoming in the @NotreDameLRev. The article connects an individual right to keep and bear arms to the Constitution's military structure. I have posted an updated draft to SSRN. papers.ssrn.com/sol3/papers.…
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Prof. Alison Gocke unpacks the law of the mid-transition in her recent #MLR article, analyzing a unique period in energy law that "resembles neither the law as it existed prior to the transition nor the law as it will come to be after . . . ." READ: bit.ly/MLRVol124Iss7Gocke
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Payvand Ahdout retweeted
At an academic “writing party” — a festschrift — leading scholars reflected on the reach of Prof. Kenneth S. Abraham’s work, which has sought to capture the way insurance has defined the boundaries of tort law. law.virginia.edu/news/202606…
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Payvand Ahdout retweeted
New draft paper: “What is the Business of the Warren Court?” papers.ssrn.com/sol3/papers.…
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Payvand Ahdout retweeted
In a paper that won this year’s John Hope Franklin Prize, Prof. Alice Abrokwa outlines how to reform healthcare to prevent patients from improperly being labeled “noncompliant.” @law_soc law.virginia.edu/news/202605…
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🚨SDRI is hiring!🚨 Learn more about our Staff Attorney and Fellowship opportunities here ➡️statedemocracy.law.wisc.edu/…
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My book is out today. It examines how legal training shapes issues that impact all of us (e.g., policing, work, healthcare, the environment). It’s written for a broad audience—nonlawyers, law students, and professors alike. I think it can move some urgent conversations forward.
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