Reposted by Josh Fischman
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
Remedies for a Constitutional Crisis
<p><span>In a crisis of authority, where it is unclear whether executive officials will comply with judicial decisions, the courts may seem to have limited reme
papers.ssrn.com
September 29, 2025 at 11:52 AM
Just posted a new essay with @williambaude.bsky.social and Sam Bray -
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
"Remedies for a Constitutional Crisis" (forthcoming in the Harvard Law Review).
papers.ssrn.com/sol3/papers....
Reposted by Josh Fischman
Great piece by @jbfischman.bsky.social on the partisan polarization of appellate judges regarding the granting and denying of universal injunctions. download.ssrn.com/2025/9/3/543...
download.ssrn.com
September 25, 2025 at 11:44 PM
Great piece by @jbfischman.bsky.social on the partisan polarization of appellate judges regarding the granting and denying of universal injunctions. download.ssrn.com/2025/9/3/543...
Can colleges consider whether you can be targeted for detention and deportation as a factor in admissions? Applicants could write a short essay on that.
SCOTUS: considering race as one factor in a college applicant's file is blatantly unconstitutional
ALSO SCOTUS: considering race as one factor in targeting whom to detain and deport is cool cool cool
ALSO SCOTUS: considering race as one factor in targeting whom to detain and deport is cool cool cool
September 8, 2025 at 6:45 PM
Can colleges consider whether you can be targeted for detention and deportation as a factor in admissions? Applicants could write a short essay on that.
Reposted by Josh Fischman
Happy to announce that @anthonytaboni.bsky.social and I have created a new dataset of the Supreme Court's Shadow Docket actions from 1993-2025. A paper describing the data and a website with the data and documentation are here:
www.shadowdocketdata.com/s/kastellec_...
www.shadowdocketdata.com
www.shadowdocketdata.com/s/kastellec_...
www.shadowdocketdata.com
Supreme Court Shadow Docket Database
www.shadowdocketdata.com
June 26, 2025 at 6:09 PM
Happy to announce that @anthonytaboni.bsky.social and I have created a new dataset of the Supreme Court's Shadow Docket actions from 1993-2025. A paper describing the data and a website with the data and documentation are here:
www.shadowdocketdata.com/s/kastellec_...
www.shadowdocketdata.com
www.shadowdocketdata.com/s/kastellec_...
www.shadowdocketdata.com
Reposted by Josh Fischman
Courage is contagious.
Grateful to the Harvard Law faculty members who spearheaded a similar letter recently, to the 150 UVA School of Law students who walked out of classes last week, and to the 70 members of the @uvalaw.bsky.social faculty who have signed this letter.
Grateful to the Harvard Law faculty members who spearheaded a similar letter recently, to the 150 UVA School of Law students who walked out of classes last week, and to the 70 members of the @uvalaw.bsky.social faculty who have signed this letter.
I’m proud to join nearly 70 of my Virginia Law colleagues—from myriad fields, political backgrounds, and ideologies—to affirm our commitment to core rule-of-law principles and to express our deep concerns about the administration’s actions that undermine them.
April 3, 2025 at 3:35 PM
Courage is contagious.
Grateful to the Harvard Law faculty members who spearheaded a similar letter recently, to the 150 UVA School of Law students who walked out of classes last week, and to the 70 members of the @uvalaw.bsky.social faculty who have signed this letter.
Grateful to the Harvard Law faculty members who spearheaded a similar letter recently, to the 150 UVA School of Law students who walked out of classes last week, and to the 70 members of the @uvalaw.bsky.social faculty who have signed this letter.
Reposted by Josh Fischman
I’m proud of my colleagues at UVA Law who drafted this letter, and I was honored to sign my name to it.
April 4, 2025 at 3:52 AM
I’m proud of my colleagues at UVA Law who drafted this letter, and I was honored to sign my name to it.
Reposted by Josh Fischman
I am delighted to announce that my student Aslihan Asil will join Duke Law School this summer.
Asli has several terrific papers at the intersection of law and economics and her job market paper is a timely analysis of the pro-competitive effects of the Robinson-Patman Act.
www.aslihanasil.com
Asli has several terrific papers at the intersection of law and economics and her job market paper is a timely analysis of the pro-competitive effects of the Robinson-Patman Act.
www.aslihanasil.com
March 24, 2025 at 2:39 PM
I am delighted to announce that my student Aslihan Asil will join Duke Law School this summer.
Asli has several terrific papers at the intersection of law and economics and her job market paper is a timely analysis of the pro-competitive effects of the Robinson-Patman Act.
www.aslihanasil.com
Asli has several terrific papers at the intersection of law and economics and her job market paper is a timely analysis of the pro-competitive effects of the Robinson-Patman Act.
www.aslihanasil.com
Reposted by Josh Fischman
1/🧵 Judges across ideological lines are ruling against Trump at strikingly similar rates (84% liberal, 86% centrist, 82% conservative). This isn't partisan opposition to Trump—it's the judiciary functioning as intended by cutting across partisan lines to uphold the Constitution.
March 18, 2025 at 9:32 PM
1/🧵 Judges across ideological lines are ruling against Trump at strikingly similar rates (84% liberal, 86% centrist, 82% conservative). This isn't partisan opposition to Trump—it's the judiciary functioning as intended by cutting across partisan lines to uphold the Constitution.
Reposted by Josh Fischman
My paper, "Mass Versus Donor Attitudes on the Importance of Supreme Court Nominations," (co-authored with Brandice Canes-Wrone and Nicolas Studen) is now available at @apsrjournal.bsky.social
www.cambridge.org/core/journal...
www.cambridge.org/core/journal...
March 18, 2025 at 1:07 PM
My paper, "Mass Versus Donor Attitudes on the Importance of Supreme Court Nominations," (co-authored with Brandice Canes-Wrone and Nicolas Studen) is now available at @apsrjournal.bsky.social
www.cambridge.org/core/journal...
www.cambridge.org/core/journal...
Reposted by Josh Fischman
Professor Alison Gocke (Professor at @UVALaw) has won the 10th annual Morrison Prize from @ASUCollegeofLaw for her article, "Public Utility’s Potential," published in the @YaleLJournal.
buff.ly/AxLjO3u
buff.ly/AxLjO3u
March 12, 2025 at 7:13 PM
Professor Alison Gocke (Professor at @UVALaw) has won the 10th annual Morrison Prize from @ASUCollegeofLaw for her article, "Public Utility’s Potential," published in the @YaleLJournal.
buff.ly/AxLjO3u
buff.ly/AxLjO3u
Reposted by Josh Fischman
New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review.
Comments welcome!
papers.ssrn.com/sol3/papers....
Comments welcome!
papers.ssrn.com/sol3/papers....
March 3, 2025 at 3:42 PM
New from me and Ashley Deeks: "Federalism and the New National Security." Forthcoming with the Harvard Law Review.
Comments welcome!
papers.ssrn.com/sol3/papers....
Comments welcome!
papers.ssrn.com/sol3/papers....
Reposted by Josh Fischman
Prof. Deborah Hellman has been awarded the American Philosophical Association 2024 AI2050 Prize for Established Researchers for her article “Measuring Algorithmic Fairness,” published in the Virginia Law Review.
Hellman Awarded APA Prize for Article on ‘Algorithmic Fairness’
University of Virginia School of Law professor Deborah Hellman has been awarded the 2024 AI2050 Prize for Established Researchers by the American Philosophical Association for her article “Measuring A...
www.law.virginia.edu
January 8, 2025 at 1:44 PM
Prof. Deborah Hellman has been awarded the American Philosophical Association 2024 AI2050 Prize for Established Researchers for her article “Measuring Algorithmic Fairness,” published in the Virginia Law Review.
Reposted by Josh Fischman
So this happened! 🥳
Honored and grateful for my colleagues’s support and all the professors/mentors along the way (and the students I’ve gotten to teach and learn from!).
And many, many thanks to the 10 anonymous letter writers out there for whatever perjury they committed. I owe you drinks.
Honored and grateful for my colleagues’s support and all the professors/mentors along the way (and the students I’ve gotten to teach and learn from!).
And many, many thanks to the 10 anonymous letter writers out there for whatever perjury they committed. I owe you drinks.
When the Dean of the law school came in to Thomas’s office and shut the door I was sure she was bringing bad news. Turns out, no. Congrats to @tframpton.bsky.social , my buddy, my colleague, my co-counsel, my husband on being recommended for tenure today by the @uvalaw.bsky.social faculty. ❤️
December 15, 2024 at 3:58 PM
So this happened! 🥳
Honored and grateful for my colleagues’s support and all the professors/mentors along the way (and the students I’ve gotten to teach and learn from!).
And many, many thanks to the 10 anonymous letter writers out there for whatever perjury they committed. I owe you drinks.
Honored and grateful for my colleagues’s support and all the professors/mentors along the way (and the students I’ve gotten to teach and learn from!).
And many, many thanks to the 10 anonymous letter writers out there for whatever perjury they committed. I owe you drinks.
Reposted by Josh Fischman
So excited that @marinklevy.bsky.social's fantastic new book is finally out there in the world!!!
A running thread of things that surprised me as I read @marinklevy.bsky.social’s book 1/
December 9, 2024 at 3:45 PM
So excited that @marinklevy.bsky.social's fantastic new book is finally out there in the world!!!
Reposted by Josh Fischman
Some exciting news: today my UVA Law faculty colleagues voted to recommend me for tenure. Hoping to spend many more years in this community of brilliant scholars and students!
November 20, 2024 at 12:25 AM
Some exciting news: today my UVA Law faculty colleagues voted to recommend me for tenure. Hoping to spend many more years in this community of brilliant scholars and students!
Reposted by Josh Fischman
Seeing media reports portraying yesterday's Fed Soc panel on "judicial independence" in disappointingly equivocal terms.
I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:
www.youtube.com/watch?v=-DBl...
I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:
www.youtube.com/watch?v=-DBl...
The Continued Independence of the Judiciary [2024 NLC]
YouTube video by The Federalist Society
www.youtube.com
November 15, 2024 at 1:50 PM
Seeing media reports portraying yesterday's Fed Soc panel on "judicial independence" in disappointingly equivocal terms.
I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:
www.youtube.com/watch?v=-DBl...
I'm just going to post the full video here and let everyone's behavior speak for itself. I start @ 41:30; Judge Jones @ 50:23; replies @ 1:12:50:
www.youtube.com/watch?v=-DBl...
Reposted by Josh Fischman
A great scholar and friend — there is a lot more to say about Fred’s life and work, but this is a good start, with thanks to Mary Wood for writing it:
www.law.virginia.edu/news/202409/...
www.law.virginia.edu/news/202409/...
In Memoriam: Professor Frederick Schauer, a ‘Giant’ in the Legal Academy
The University of Virginia School of Law community remembers Professor Frederick Schauer, a world-renowned free speech and constitutional law expert who also wrote influential works on evidence, rules...
www.law.virginia.edu
September 3, 2024 at 11:51 AM
A great scholar and friend — there is a lot more to say about Fred’s life and work, but this is a good start, with thanks to Mary Wood for writing it:
www.law.virginia.edu/news/202409/...
www.law.virginia.edu/news/202409/...
Reposted by Josh Fischman
Fred Schauer Has Passed, lsolum.typepad.com/legaltheory/...
Fred Schauer Has Passed
It is with a heavy heart that I report that Fred Schauer passed yesterday, Sunday, the first of September, 2024. I have known Fred for almost forty years. At the very beginning of my academic career, ...
lsolum.typepad.com
September 2, 2024 at 8:38 PM
Fred Schauer Has Passed, lsolum.typepad.com/legaltheory/...