Daniel Rice
danielrice.bsky.social
Daniel Rice
@danielrice.bsky.social
Law prof @ UNC-Chapel Hill. Con Law and Indian Law. Views my own.

Bio: https://law.unc.edu/people/daniel-rice/
SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1684746
Pinned
Excited to share a draft of my most recent work, “The Moral Complacency of Federal Indian law” (forthcoming in the Minnesota Law Review): papers.ssrn.com/sol3/papers....
The Moral Complacency of Federal Indian Law
<p><span>For all its association with historical tragedy, federal Indian law remains thoroughly amoral. The field draws little distinction between horrific and
papers.ssrn.com
Reposted by Daniel Rice
Two significant externalities to the lack of a civil remedy against federal officials:
1) There won't be litigation and discovery showing the extent and depth of the abuses in the immigration crackdown
2) Precedent won't be creating to prevent a repeat of those abuses
January 19, 2026 at 5:08 PM
I've just posted a draft essay called "Tradition Without Text?" (forthcoming in Duke Law Journal Online). It critiques Dobbs for using crude positive-law proxies to identify "historical understandings of ordered liberty."

papers.ssrn.com/abstract=609...
Tradition Without Text?
<p><span>It is no secret that the <i>Dobbs </i>framework dooms virtually all liberty claims brought under the ambit of due process. Yet for all their devotion t
papers.ssrn.com
January 19, 2026 at 1:09 PM
Minnesota Voters Alliance v. Mansky in the wild!
January 17, 2026 at 5:20 PM
This footnote from Foley v. Connelie (1978) should be more widely known:
January 15, 2026 at 8:48 PM
Reposted by Daniel Rice
Book recommendation: "The Worst Trickster Story Ever Told" by Keith Richotte, Jr.

This is a wonderful and *highly* entertaining account of the development of Indian law.

I learned a lot!!!

#indianlaw #law #constitution @skystorians @lawsky
January 12, 2026 at 5:17 PM
Reposted by Daniel Rice
Gonna add this to my syllabus on Johnson v. M’Intosh day …
Trump talks about Denmark and Greenland just now: "The fact that they landed a boat there 500 years ago doesn't mean that they own the land."
January 9, 2026 at 10:28 PM
Wherein a prominent federal judge urges courts not to anticipate future moral judgments, but fails even to acknowledge the only full-length defense of that practice (my "Judicial Moral Prophecy" piece, available here: wustllawreview.org/2023/09/25/j...)
January 6, 2026 at 12:25 AM
Reposted by Daniel Rice
To sum up, a US president is going to war without congressional authorization against a sovereign nation that has not attacked or threatened it, and is doing so like a thief in the night, with no explanation for the American people or the world. It is all so unimaginable that it strains credulity.
January 3, 2026 at 9:38 AM
Sure, we’re starting idiotic wars. BUT – I hit 2,000 miles on my Walking Pad today!
December 17, 2025 at 2:12 AM
Congrats to Jack (my co-clerk and occasional co-author) on this awesome paper, which is coming out in the Michigan Law Review!
December 15, 2025 at 5:09 PM
Reposted by Daniel Rice
Now on SSRN: "The Missing Constitutional Law of Executive Conditions" (with Nicole Huberfeld) is forthcoming in Wash U. L. Rev--about the distinctive constitutional issues presented by presidential "regulation by deal." tinyurl.com/mrytp74z

Comments very welcome on the draft!
December 10, 2025 at 2:58 PM
Glad there can be no 1A claim for ‘’I hereby search you in retaliation for your protected speech, thereby dispelling any causal complexities!’’ That seems right.
A First Amendment retaliation suit claiming the government searched you to retaliate for your speech requires pleading the absence of probable cause for the search, CA4 holds, agreeing with the CA5.
govinfo.gov/content/pkg/...
December 5, 2025 at 11:40 PM
Missed this when it was originally uploaded, but "Conscription's Constitution" by Gerard Magliocca looks fascinating:

papers.ssrn.com/sol3/papers....
Conscription's Constitution
This Essay examines the military draft in constitutional practice and argument. The constitutionality of national conscription is clear, but what that means for
papers.ssrn.com
December 4, 2025 at 1:32 AM
I had such a terrific time presenting at Georgia State yesterday – thanks for having me!!
Yesterday, we were so privileged to have @danielrice.bsky.social visit the College of Law to present his fascinating paper on the Supreme Court, Indian Law, and the jurisprudence of moral disapproval. I look forward to seeing the final version and am thankful he participated in our faculty exchange!
December 2, 2025 at 7:46 PM
Reposted by Daniel Rice
More Congressional Material On-Line
[We are reproducing the following from In Custodia Legis, the blog of the Law Library of Congress, on the latest "migration" of Congressional materials from "Century of Lawmaking" to the digital site, Congress.gov.  DRE]  We have been working on migrating content from Century of Lawmaking to Congress.gov over the last few years. We kicked this off with migrating 30,000 Bills and Resolutions from 1799-1873. Then, in February 2024, we added the Annals of Congress to Congress.gov. In November last year, we added the Senate Journal to our site. The House Journal was added in the following release. If you are interested in more information on the journals, we have help pages for both the House Journal and Senate Journal. Earlier this year, in February, we added the Congressional Globe. The Debates of Congress (Congressional Globe, The Annals of Congress, and the Register of Debates) are all predecessors to the Congressional Record, which goes back to 1873 on Congress.gov. The Globe was followed by the Senate Executive Journal going live on Congress.gov in April. With today’s release we are adding the last item from the Debates of Congress, the Register of Debates. This is also the last area of content to migrate from Century of Lawmaking to Congress.gov. You can see the Register of Debates starting with the 18th Congress of the Browse page and through the 25th Congress.
dlvr.it
December 1, 2025 at 2:51 PM
TIL that France continued to use the guillotine until 1977?!?!

www.nytimes.com/2025/10/10/a...
The French Revolution’s Instrument of Terror Goes on Show
www.nytimes.com
December 1, 2025 at 1:21 AM
It’s super cool seeing Learned Hand’s actual TV and Peleton in these pics.
November 29, 2025 at 11:50 PM
Aspiring law profs – check out this fantastic opportunity!
We’re thrilled to invite applications for the Visiting Assistant Professor position at Duke Law! This two- to three-year opportunity is designed to support aspiring legal scholars. (Think of it as the law school equivalent of a post-doc.)

Learn more and apply here: tinyurl.com/mrxccxxv
November 21, 2025 at 2:26 PM
Sounds violent!
November 18, 2025 at 1:22 AM
Looking forward to attending the First Amendment Law Review's 2025 Symposium tomorrow (and moderating a panel on Mahmoud v. Taylor)!

medialaw.unc.edu/events/first...
November 13, 2025 at 2:24 PM
Amazing
November 8, 2025 at 8:13 PM
November 8, 2025 at 1:23 PM
The final version of "Civic Duties and Cultural Change" is now live on @califlrev.bsky.social's website!

californialawreview.org/s/4-Rice.pdf
November 4, 2025 at 2:05 PM
Reposted by Daniel Rice
Unless I'm missing something, this seems pretty straightforwardly unconstitutional.
Citing a Trump executive order banning "gender ideology," the VA is withholding coverage and treatment for male veterans with breast cancer, an increasing condition among veterans exposed to toxic chemicals during service. 100 male veterans a year are diagnosed with breast cancer.
Citing Trump Order on “Biological Truth,” VA Makes It Harder for Male Veterans With Breast Cancer to Get Coverage
A Department of Veterans Affairs memo obtained by ProPublica erects new roadblocks to care for veterans with the rare but deadly cancer. The agency cites no new science but relies on an executive orde...
www.propublica.org
October 30, 2025 at 2:19 AM