Ben Heath
@jbentonheath.bsky.social
Associate Professor, Temple University School of Law. I post about things that interest me, some of which are about law.
Pinned
Ben Heath
@jbentonheath.bsky.social
· Jul 30
New paper! This essay takes a step toward developing what I call a "jurisprudence of weaponized interdependence.: Building on @himself.bsky.social & @abenewman.bsky.social's groundbreaking work, I develop an account of the legal processes that facilitate the weaponization of networks. 1/x
Reposted by Ben Heath
At this point, the easiest way to unify the Democrats would be a change in leadership.
The sooner we get past internal recriminations and back to fighting united, the better off we all are — the likelier our victory next November.
November 11, 2025 at 12:13 AM
At this point, the easiest way to unify the Democrats would be a change in leadership.
Reposted by Ben Heath
Meanwhile, people unconstitutionally seized or brutalized by ICE agents can’t sue them because there’s no private right of action for them to do that.
Buried inside the deal to reopen government is a provision that would give Senators private right of action to sue for millions in damages over their phone records being analyzed by Jack Smith's team.
news.bloomberglaw.com/us-law-week/...
news.bloomberglaw.com/us-law-week/...
Shutdown Deal Would Let Senators Sue Over Jack Smith Searches
Senators whose phone records were sought by Special Counsel Jack Smith would gain authority to sue for millions in damages under a provision buried in the Senate-advanced deal to reopen the government...
news.bloomberglaw.com
November 10, 2025 at 11:00 PM
Meanwhile, people unconstitutionally seized or brutalized by ICE agents can’t sue them because there’s no private right of action for them to do that.
Reposted by Ben Heath
November 10, 2025 at 10:56 PM
Reposted by Ben Heath
Exactly -- austerity for everyone, except digital IT, especially AI. At one CT university, 44% of new allocations when to AI projects and another large chunk to the new School of Healthcare. Everyone else can get crumbs.
Austerity is dead…but only for AI?!?!
“The Ohio State University has announced a major Artificial Intelligence (AI) Faculty Hiring Initiative that will add 100 new tenure-track faculty with expertise in AI over the next five years.”
news.osu.edu/ohio-state-t...
“The Ohio State University has announced a major Artificial Intelligence (AI) Faculty Hiring Initiative that will add 100 new tenure-track faculty with expertise in AI over the next five years.”
news.osu.edu/ohio-state-t...
Ohio State to hire 100 new faculty with AI expertise
The Ohio State University has announced a major Artificial Intelligence (AI) Faculty Hiring Initiative that will add 100 new tenure-track faculty with expertise in AI over the next five years. The ini...
news.osu.edu
November 7, 2025 at 11:35 PM
Exactly -- austerity for everyone, except digital IT, especially AI. At one CT university, 44% of new allocations when to AI projects and another large chunk to the new School of Healthcare. Everyone else can get crumbs.
Reposted by Ben Heath
Omg the reason most voted yes is bc Tesla is a meme stock driven by retail. losing elon means a crash in value. Not bc he’s a genius that will make great products in exchange for proper incentives.
We must regulate the gamification of Wall Street. It’s FanDuel but with macrofin implications.
We must regulate the gamification of Wall Street. It’s FanDuel but with macrofin implications.
The $1 Trillion Question Hanging Over Elon Musk’s Pay Plan
www.nytimes.com
November 7, 2025 at 9:43 PM
Omg the reason most voted yes is bc Tesla is a meme stock driven by retail. losing elon means a crash in value. Not bc he’s a genius that will make great products in exchange for proper incentives.
We must regulate the gamification of Wall Street. It’s FanDuel but with macrofin implications.
We must regulate the gamification of Wall Street. It’s FanDuel but with macrofin implications.
Reposted by Ben Heath
virtue signalling is good actually
Performative decency is actually *so* important for this reason.
It tricks the 10% of ghouls into thinking that there are only 1% of ghouls.
And it makes the 30% of people that don't care one way or another follow the mostly decent crowd
It tricks the 10% of ghouls into thinking that there are only 1% of ghouls.
And it makes the 30% of people that don't care one way or another follow the mostly decent crowd
November 7, 2025 at 7:59 PM
virtue signalling is good actually
Yesssssssssssss
14/19 For those reasons, I argue that we have to move away from a single-purpose investor-rights regime in regulating international investment. Terminate the investment treaties, I say!
November 7, 2025 at 6:43 PM
Yesssssssssssss
Reposted by Ben Heath
1/19 Now on SSRN: [From Business Plans to International Rights](papers.ssrn.com/sol3/papers....), forthcoming in the Harvard International Law Journal.
From Business Plans to International Rights
<p><span><span>Multinational businesses have used a highly enforceable, specialized treaty regime to turn their plans into international rights that trump natio
papers.ssrn.com
November 7, 2025 at 4:43 PM
1/19 Now on SSRN: [From Business Plans to International Rights](papers.ssrn.com/sol3/papers....), forthcoming in the Harvard International Law Journal.
Bring them back! Bring them back!
17/19 (Feel like tweetstorms have gone out of vogue but I've learned enough from them to have wanted to give one a shot)
November 7, 2025 at 5:30 PM
Bring them back! Bring them back!
Reposted by Ben Heath
Looks like ordinary drugrunning, not narco-terrorists piloting turbocharged death boats at the US--so naturally, people ask why they weren't just interdicted.
So far as we know, the answer is that officials thought killing suspected criminals outright would be a popular, dramatic way to deter them.
So far as we know, the answer is that officials thought killing suspected criminals outright would be a popular, dramatic way to deter them.
November 7, 2025 at 3:44 PM
Looks like ordinary drugrunning, not narco-terrorists piloting turbocharged death boats at the US--so naturally, people ask why they weren't just interdicted.
So far as we know, the answer is that officials thought killing suspected criminals outright would be a popular, dramatic way to deter them.
So far as we know, the answer is that officials thought killing suspected criminals outright would be a popular, dramatic way to deter them.
Reposted by Ben Heath
One analytical model shows that, as of November 5th, the dismantling of U.S.A.I.D. has already caused the deaths of 600,000 people, two-thirds of them children. https://newyorkermag.visitlink.me/jUzNSc
The Shutdown of U.S.A.I.D. Has Already Killed Hundreds of Thousands
The short documentary “Rovina’s Choice” tells the story of what goes when aid goes.
newyorkermag.visitlink.me
November 6, 2025 at 9:00 PM
One analytical model shows that, as of November 5th, the dismantling of U.S.A.I.D. has already caused the deaths of 600,000 people, two-thirds of them children. https://newyorkermag.visitlink.me/jUzNSc
Look, the headline is crap, and legally it doesn’t matter whether these people were smuggling drugs or if they were in TdA. But this is excellent reporting. The admin conducting these murders doesn’t want us to know who these men were. apnews.com/article/trum...
Trump has accused boat crews of being narco-terrorists. The truth, AP found, is more nuanced
One was a fisherman struggling to eke out a living on $100 a month. Another was a career criminal. A third was a former military cadet.
apnews.com
November 7, 2025 at 2:04 PM
Look, the headline is crap, and legally it doesn’t matter whether these people were smuggling drugs or if they were in TdA. But this is excellent reporting. The admin conducting these murders doesn’t want us to know who these men were. apnews.com/article/trum...
Reposted by Ben Heath
There had better be trials. And not just for the low-level thugs carrying out these orders, but for everyone up the chain of command.
If we get past this, the solution isn’t to pretend it never happened and invite Stephen Miller to Harvard’s Institute of Politics.
It’s trials w real punishments.
If we get past this, the solution isn’t to pretend it never happened and invite Stephen Miller to Harvard’s Institute of Politics.
It’s trials w real punishments.
A family friend was telling us about what her husband shared about his experience in Broadview before he was deported back to Mexico. She's been sharing to friends and family because she's just in disbelief & horror what her husband told her. She wasn't able to talk to him until he was in Mexico.
November 7, 2025 at 12:45 PM
There had better be trials. And not just for the low-level thugs carrying out these orders, but for everyone up the chain of command.
If we get past this, the solution isn’t to pretend it never happened and invite Stephen Miller to Harvard’s Institute of Politics.
It’s trials w real punishments.
If we get past this, the solution isn’t to pretend it never happened and invite Stephen Miller to Harvard’s Institute of Politics.
It’s trials w real punishments.
Reposted by Ben Heath
Once again, marginal income & capital gains taxes are too low & pose an existential threat to the Republic.
November 7, 2025 at 1:23 PM
Once again, marginal income & capital gains taxes are too low & pose an existential threat to the Republic.
Reposted by Ben Heath
Wondering why no one likes your posts anymore, even among your friends? It's because @jay.bsky.team and team have decided to hide a huge amount of content from all of our feeds by default.
Here's how to turn it off.
First go to the hamburger menu in the upper left corner
Here's how to turn it off.
First go to the hamburger menu in the upper left corner
November 6, 2025 at 6:23 PM
Wondering why no one likes your posts anymore, even among your friends? It's because @jay.bsky.team and team have decided to hide a huge amount of content from all of our feeds by default.
Here's how to turn it off.
First go to the hamburger menu in the upper left corner
Here's how to turn it off.
First go to the hamburger menu in the upper left corner
Reposted by Ben Heath
Delighted to see JIEL 28(3) out in the world, which includes my article 'Dollar Dominance, De-Dollarisation, and International Law'.
The rest of the issue is packed with sharp work (inc @jbentonheath.bsky.social, @dcpeat.bsky.social, @elenachachko.bsky.social).
academic.oup.com/jiel/article...
The rest of the issue is packed with sharp work (inc @jbentonheath.bsky.social, @dcpeat.bsky.social, @elenachachko.bsky.social).
academic.oup.com/jiel/article...
November 7, 2025 at 12:40 PM
Delighted to see JIEL 28(3) out in the world, which includes my article 'Dollar Dominance, De-Dollarisation, and International Law'.
The rest of the issue is packed with sharp work (inc @jbentonheath.bsky.social, @dcpeat.bsky.social, @elenachachko.bsky.social).
academic.oup.com/jiel/article...
The rest of the issue is packed with sharp work (inc @jbentonheath.bsky.social, @dcpeat.bsky.social, @elenachachko.bsky.social).
academic.oup.com/jiel/article...
Reposted by Ben Heath
I'd missed this. Evidently Rubio, Hegseth & someone from OLC told Congress in classified session that the administration doesn't currently have a legal justification for attacking Venezuela.
Trump admin tells Congress it currently lacks legal justification to strike Venezuela | CNN Politics
The “execute order” that launched the US military campaign against suspected drug boats in September also does not extend to land targets, the briefers said, according to the sources.
www.cnn.com
November 7, 2025 at 1:30 AM
I'd missed this. Evidently Rubio, Hegseth & someone from OLC told Congress in classified session that the administration doesn't currently have a legal justification for attacking Venezuela.
Reposted by Ben Heath
I don’t know how many times I’ve watched this video.
I don’t know how we’ve gotten to the point where men in full balaclavas can abduct daycare teachers while they’re watching children.
But I do know that this isn’t sustainable. Abolish ICE. There is no way to reform this.
I don’t know how we’ve gotten to the point where men in full balaclavas can abduct daycare teachers while they’re watching children.
But I do know that this isn’t sustainable. Abolish ICE. There is no way to reform this.
Federal agents pulling a woman out of Rayito Del Sol, a daycare by Lane Tech high school
November 5, 2025 at 9:42 PM
I don’t know how many times I’ve watched this video.
I don’t know how we’ve gotten to the point where men in full balaclavas can abduct daycare teachers while they’re watching children.
But I do know that this isn’t sustainable. Abolish ICE. There is no way to reform this.
I don’t know how we’ve gotten to the point where men in full balaclavas can abduct daycare teachers while they’re watching children.
But I do know that this isn’t sustainable. Abolish ICE. There is no way to reform this.
Sort of interesting how "using emergency powers to address the very real threat of climate change" is the reductio ad absurdum of these tariffs, rather than the actually absurd policies actually enacted by the administration actually in power.
Gorsuch: "Could the president impose a 50% tariff on gas powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?"
November 5, 2025 at 6:13 PM
Sort of interesting how "using emergency powers to address the very real threat of climate change" is the reductio ad absurdum of these tariffs, rather than the actually absurd policies actually enacted by the administration actually in power.
Reposted by Ben Heath
I did not write the headline, but I have an op ed on Prop 50 over at the @sfchronicle.com.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
California’s Prop 50 passed. Now, here’s how to end partisan redistricting once and for all
OPINION: We need a new federal statute of mutual disarmament — ideally before we reach the point where there are zero California Republicans and zero Texas Democrats, Joseph Fishkin writes.
www.sfchronicle.com
November 5, 2025 at 6:10 AM
I did not write the headline, but I have an op ed on Prop 50 over at the @sfchronicle.com.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Shorter version: the nationalization and polarization of our politics is what got us here, and it's also the most likely way out. It will take national partisan Democratic hardball to enact anti-hardball.
Interesting. I strongly disagree with what Chad says here. This may be an accurate restatement of Gorsuch-ian originalist doctrine (see the Gundy dissent), but it is both historically incorrect and extremely dangerous. The amicus brief by @timlmeyer.bsky.social, which I signed, makes that clear.
November 5, 2025 at 3:21 PM
Interesting. I strongly disagree with what Chad says here. This may be an accurate restatement of Gorsuch-ian originalist doctrine (see the Gundy dissent), but it is both historically incorrect and extremely dangerous. The amicus brief by @timlmeyer.bsky.social, which I signed, makes that clear.
Reposted by Ben Heath
The name zohran comes from the arabic root z-h-r, to flower or to bloom
November 5, 2025 at 2:29 PM
The name zohran comes from the arabic root z-h-r, to flower or to bloom
Woke dungeon masters ftw.
Every race. It’s basically been every race.
Governors. Mayors. Long-held GOP dog-catchers. School boards. Water boards. Flipped a dungeon master in a rural Iowa D&D club. State senators. State reps. A janitor in Duluth. State justices. Three GOP Uber drivers.
Just everything.
Governors. Mayors. Long-held GOP dog-catchers. School boards. Water boards. Flipped a dungeon master in a rural Iowa D&D club. State senators. State reps. A janitor in Duluth. State justices. Three GOP Uber drivers.
Just everything.
November 5, 2025 at 2:29 PM
Woke dungeon masters ftw.
Reposted by Ben Heath
This seems huge, and deserves more attention.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
The Illinois legislature had passed the “Illinois Bivens Act,” allowing people to sue ICE agents in state court. Just waiting for Pritzker’s signature.
dailynorthwestern.com/2025/11/03/c...
dailynorthwestern.com/2025/11/03/c...
November 5, 2025 at 1:09 PM
This seems huge, and deserves more attention.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.
SCOTUS has gone out of its way to make it harder to sue Fed law enforcement for damages when they trample—sometimes literally—on your rights.
Illinois just made it so their resident can sue the Feds in state court.
Feds fail us, states step up.