Law Professor

Cambridge, MA
Joined May 2014
Final version: The Standing Realignment | The Supreme Court Review: Vol 2025, By Paz and Re journals.uchicago.edu/doi/10…
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Jud Campbell's scholarship is terrific, and I enjoyed his new Scalia lecture at HLS: "The Federalist Bill of Rights," arguing there was a divide b/w the Federalists & Anti-Federalists about what a Bill of Rights should be, & the Federalist view won out. youtube.com/watch?v=UIcFp-i_…
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New paper up on SSRN - Interbranch Litigation - Comments welcome! papers.ssrn.com/sol3/papers.…
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Carl Schmitt and Moral Time Travel, with applause to @StephenESachs (This was both interesting and painful to write.) casssunstein.substack.com/p/…
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1. Our latest, Who Leads in Mass Litigation?, is forthcoming in the Harvard Law Review. With an incredible interdisciplinary team, we took a 20 year dive into lawyers steering multidistrict litigation--which accounts for ~40% of all filed federal cases. papers.ssrn.com/sol3/papers.…
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Judicial economy: papers.ssrn.com/sol3/papers.… Characterizing Agentic Flooding of Government Services arxiv.org/pdf/2608.16603
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Here's a new essay, by @nicholas_bagley and me, discussing Diego Zambrano's exciting new book, How Americans Enforce the Law, on @BzationBlog balkin.blogspot.com/2026/10/…
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In light of the SG asking for certiorari on the question of APA vacatur, I have posted a major REVISION to my "Set Aside" paper. This is a significantly improved version (thanks for all the feedback!) with lots more cases/data too. A VERY interesting subject. Link below. 1/2
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I made an animation showing the Top 10 most-cited Supreme Court cases every year since 1792. It's remarkable how citations (by federal and state courts) have exploded in frequency in the last half century.
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New paper draft: papers.ssrn.com/sol3/papers.…. Write me with what I got wrong--there's plenty of time to revise before February submissions!
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Does AI Have Rights? More relevant today than when first posted, a few months ago. papers.ssrn.com/sol3/papers.…
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Prof. Ryan Williams -- who apparently moved to Brooklyn (congrats!) -- with another banger. On how the Fugitive Slave Act affected the Court's reasoning in Murray's Lessee, and what that teaches us about the origins of the public rights doctrine. Self-recommending. papers.ssrn.com/sol3/papers.…
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