James (Jamie) Macleod
jammacleod1.bsky.social
James (Jamie) Macleod
@jammacleod1.bsky.social
Professor, Cardozo School of Law

experimental jurisprudence, statutory interpretation, evidence, crim, torts

Papers here: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1804861
Pinned
New draft article!

“Standard Textualism”
papers.ssrn.com/sol3/papers....

Main claim: Faithful adherence to modern textualism would produce far more standard-like (as opposed to rule-like) law than people have realized.

Important implications for textualists AND critics of textualism!
Reposted by James (Jamie) Macleod
🚨Georgetown University Law Center students are detailing which law firms have caved and which have stood up to the Trump regime. They have created this spreadsheet: docs.google.com/spreadsheets... Please share widely.
Legal Industry Responses to Fascist Attacks Tracker (Public)
docs.google.com
April 3, 2025 at 4:41 AM
Reposted by James (Jamie) Macleod
Unidentified men grabbing someone off the street and putting her in a car because she wrote an op-Ed. This as flatly authoritarian as anything we’ve seen in this country in a very long time.
Video of the international student at Tufts being arrested by "federal authorities" in Massachusetts has been released and it's terrifying.

They're not even uniformed officers. Just secret police thugs in hoodies and masks.

From WCVB: youtu.be/PuFIs7OkzYY
March 26, 2025 at 5:41 PM
Heading to @georgetownlaw.bsky.social for a symposium on legal interpretation and data.

I'll be presenting some preliminary empirical results for an early-stage paper, "Is Originalism Common Sense?"

Attend virtually! Program and info here: solid-symposium.github.io/2025/#program
March 13, 2025 at 2:56 PM
Grateful to @dtdeacon.bsky.social for the generous review of my new article at Yale J. of Reg.'s "Notice & Comment" blog.

"'Standard Textualism' should be of great interest to the administrative law crowd in addition to the legal theory generalist." Indeed!

www.yalejreg.com/nc/ad-law-re...
February 10, 2025 at 3:20 PM
Reposted by James (Jamie) Macleod
Over at the Notice and Comment blog, today's Ad Law Reading Room entry is "Standard Textualism," by @jammacleod1.bsky.social. Check it out! www.yalejreg.com/nc/ad-law-re...
Ad Law Reading Room: "Standard Textualism," by James Macleod - Yale Journal on Regulation
Today’s Ad Law Reading Room entry is “Standard Textualism,” by James Macleod. Here is the abstract: For as long as legal scholars have been writing about the rules-versus-standards distinction, textua...
www.yalejreg.com
February 10, 2025 at 2:02 PM
"Standard Textualism" (papers.ssrn.com/sol3/papers....)
got the coveted "Download it while it's hot!"
--AND Download of the Week!--
on @lsolum.bsky.social's Legal Theory Blog!

Difficult and kind of embarrassing trying to convey to family and friends how excited this made me...
January 29, 2025 at 2:46 PM
New draft article!

“Standard Textualism”
papers.ssrn.com/sol3/papers....

Main claim: Faithful adherence to modern textualism would produce far more standard-like (as opposed to rule-like) law than people have realized.

Important implications for textualists AND critics of textualism!
January 22, 2025 at 3:10 PM
*Tickled* be presenting at today's 2:40 AALS panel, “Methodological Realignments in Statutory Interpretation?”

With Katie Eyer, Tara Grove, Richard Re, Brian Slocum & Kevin Tobia!

My paper, "Standard Textualism," argues that adherence to modern textualism would produce much more standard-like...
January 9, 2025 at 5:42 PM
On my way to AALS! Today I’ll moderate the “New Voices in Legislation” panel at 2:40

Exciting work by:

—Jon Choi & Nina Mendelson on canons
—Beau Baumann on legislative constitutionalism
—Sam Simon on coalitional congressional constitutionalism
—Joel Johnson on MQD and lenity

Join us!
January 8, 2025 at 1:17 PM
Reposted by James (Jamie) Macleod
I'm editor of the Elgar Concise Encyclopedia of Legal Theory & Philosophy. We're in need of contributors on: (1) Raz, Joseph; (2) Critical Race Theory & Law; (3) Discourse Theory & Law; (4) Empirical Legal Studies; & (5) Law & Risk. If you're interested, let me know via email. #academicsky
November 21, 2024 at 8:12 PM
Reposted by James (Jamie) Macleod

Kate Weisburd and I have a new empirical paper out in the Northwestern University Law Review! We ask: what do ordinary Americans believe about how Miranda rights are invoked? t.co/fjpjlJ4vUY 1/4
November 14, 2024 at 3:14 AM
Excited to comment on Ed Cheng's work at this symposium at Columbia Law next Fri., Nov. 8!

Speakers incl. E. Beerdsen, V. Hans, M. Grossman, D. Faigman, S. Diamond

Comments by me, J. Rakoff, A. Sood, D. Richman, R. Wexler, D. Madigan

Register w/ QR code below!
October 30, 2024 at 2:01 PM
Call for Papers - AALS Section on Legislation & Law of the Political Process "Emerging Scholars" Panel

Deadline Sept. 6, more info below, email me w/ questions! Emerge! Retweet! Thank you :)
August 14, 2024 at 3:05 PM
Brooklyn Law School is hiring!

Lateral and entry-level candidates in Civ Pro, Con Law, and Corporate Law, among other areas.

Please feel free to DM or email me with any questions. Full announcement below.
August 6, 2024 at 6:40 PM
Two essential news items today:

1. I now have tenure at Brooklyn Law!

2. I'm now hiring chair at Brooklyn Law!

Too many people to thank here rn, but suffice it to say I'm very thankful and excited. Being a (tenured!) law prof remains my dream job, even if I lack full immunity.
July 1, 2024 at 7:21 PM
My world-renowned colleague @jocelynsimonson.bsky.social teamed up with a little-known artist named John Legend to write this op-Ed about threats to bail funds in georgia time.com/collection/t...
Bail Funds Are Essential to Democracy. A Georgia Bill Threatens to Stifle Them
John Legend and lawyer Jocelyn Simonson condemn "a law aimed squarely at stifling democracy and dissent."
time.com
February 27, 2024 at 10:22 PM
Reposted by James (Jamie) Macleod
I’m proud of this coauthored paper, “Redistributing Justice,” with Ben Levin. It’s forthcoming in Columbia Law Review. Up on SSRN now. papers.ssrn.com/sol3/papers....
Redistributing Justice
This Article surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite increasingly prevale
papers.ssrn.com
January 14, 2024 at 7:50 PM
New draft! Evidence Law's Blind Spots (forthcoming @IowaLawReview)--check it out if you’re interested in…
evidence law OR
prior convictions OR
race OR
law & psych OR
ban-the-box and other disclosure rules OR...
just check it out here: papers.ssrn.com/sol3/papers....
November 16, 2023 at 1:53 PM