Louis Hensler
@lwhensler3.bsky.social
Teaches Torts and Evidence at Regent University School of Law. Personal account.
Important sovereign immunity amicus brief just dropped:
Now online:
A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
1/
A new amicus brief by @williambaude.bsky.social and me, filed today in the Supreme Court in Galette v. New Jersey Transit Corp., on sovereign immunity and the "arm of the State" doctrine:
www.supremecourt.gov/DocketPDF/24...
1/
November 19, 2025 at 8:30 PM
Important sovereign immunity amicus brief just dropped:
Once again bumping this excellent collection, recently expanded.
go.bsky.app/9XdVyE1
go.bsky.app/9XdVyE1
November 13, 2025 at 4:04 PM
Once again bumping this excellent collection, recently expanded.
go.bsky.app/9XdVyE1
go.bsky.app/9XdVyE1
Reposted by Louis Hensler
Attn admin law folks: I will be talking about OIRA and independent agencies with Eli Nachmany, Paul Ray, & Roger Nober tomorrow (Friday, 11/14) at noon Eastern. Should be a fun conversation. Thanks to @FedSoc for hosting.
fedsoc.org/events/indep...
fedsoc.org/events/indep...
Independent Agencies and the OIRA Review Process
The question of agency independence is front and center in modern political and legal discourse—the...
fedsoc.org
November 13, 2025 at 3:22 PM
Attn admin law folks: I will be talking about OIRA and independent agencies with Eli Nachmany, Paul Ray, & Roger Nober tomorrow (Friday, 11/14) at noon Eastern. Should be a fun conversation. Thanks to @FedSoc for hosting.
fedsoc.org/events/indep...
fedsoc.org/events/indep...
Bring back Don McGahn:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Trump v. Biden Judges
Curious about the merits of judges Donald Trump appointed in his first term as president, we looked in an earlier study at the performance during 2020 to mid-20
papers.ssrn.com
November 12, 2025 at 10:46 AM
Bring back Don McGahn:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Nice catch!
Indeed, the text of the order doesn’t include the usual “and by her referred to the Court.” So Jackson clearly got overruled here.
November 12, 2025 at 10:33 AM
Nice catch!
Interesting piece on tariffs:
www.yalejreg.com/nc/regulator...
www.yalejreg.com/nc/regulator...
Regulatory Tariffs Can Permissibly Raise Revenue: A Response to Professors Amar - Yale Journal on Regulation
At oral argument in the tariff cases, a so-called “donut hole” argument was raised. The argument maintains it would be highly unlikely for the statutory phrase “regulate … importation” to confer a ho...
www.yalejreg.com
November 11, 2025 at 8:09 PM
Interesting piece on tariffs:
www.yalejreg.com/nc/regulator...
www.yalejreg.com/nc/regulator...
Reposted by Louis Hensler
The Supreme Court denied the petition asking it to reconsider same-sex marriage. There was no noted dissent. This should not come as a surprise to anyone (and if you were surprised, perhaps reconsider your sources of court commentary).
November 10, 2025 at 3:10 PM
The Supreme Court denied the petition asking it to reconsider same-sex marriage. There was no noted dissent. This should not come as a surprise to anyone (and if you were surprised, perhaps reconsider your sources of court commentary).
Seems like an important question:
excessofdemocracy.com/blog/2025/10...
excessofdemocracy.com/blog/2025/10...
What do time accommodations do to the predictive value of LSAT scores for legal education? — Excess of Democracy
Back in March 2025 , I wrote about the LSAT’s predictive value in law school admissions. I argued that while it remains useful, it is less valuable today than it was twenty years ago (even though many...
excessofdemocracy.com
October 29, 2025 at 12:43 PM
Seems like an important question:
excessofdemocracy.com/blog/2025/10...
excessofdemocracy.com/blog/2025/10...
Reposted by Louis Hensler
Legal Theory Blog is at legaltheoryblog.com. The Legal Theory Lexicon is at legaltheorylexicon.com. Thanks in advance for you help.
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
legaltheoryblog.com
October 9, 2025 at 3:01 PM
Legal Theory Blog is at legaltheoryblog.com. The Legal Theory Lexicon is at legaltheorylexicon.com. Thanks in advance for you help.
Reposted by Louis Hensler
My statement on Middle East peace
October 9, 2025 at 5:52 PM
My statement on Middle East peace
Really do like this list, so I thought I'd bump it again:
go.bsky.app/9XdVyE1
go.bsky.app/9XdVyE1
October 9, 2025 at 2:01 PM
Really do like this list, so I thought I'd bump it again:
go.bsky.app/9XdVyE1
go.bsky.app/9XdVyE1
I think SCOTUS should be a deliberate body:
www.nytimes.com/2025/10/01/u...
www.nytimes.com/2025/10/01/u...
Supreme Court Allows Lisa Cook to Remain at Fed, for Now
www.nytimes.com
October 1, 2025 at 3:01 PM
I think SCOTUS should be a deliberate body:
www.nytimes.com/2025/10/01/u...
www.nytimes.com/2025/10/01/u...
Seems like an important essay on AI:
Bottom line: Proceed with caution. Tech-specific enactments are likely to do more harm than good, and it's not as if we don't have a robust, general-purpose baseline in place (torts, contract, consumer-protection statutes, antitrust, FTC) to pick up the slack.
www.lawfaremedia.org/article/how-...
www.lawfaremedia.org/article/how-...
How Not to Embarrass the Future
State and federal lawmakers around the country owe it to the future not to act rashly and legislate away the most promising aspects of AI.
www.lawfaremedia.org
October 1, 2025 at 2:23 PM
Seems like an important essay on AI:
Reposted by Louis Hensler
New paper, with @marinklevy.bsky.social and Sam Bray: papers.ssrn.com/sol3/papers....
September 29, 2025 at 12:10 PM
New paper, with @marinklevy.bsky.social and Sam Bray: papers.ssrn.com/sol3/papers....
Network Wars: Episode IV -- A New Hope
September 23, 2025 at 5:51 PM
Network Wars: Episode IV -- A New Hope
I think I support this. Yes, I know a lot of high profile litigators do the same thing, but I think it's unprofessional.
share.google/wJBnCNRl80m9...
share.google/wJBnCNRl80m9...
Judge tosses out Trump's $15 billion lawsuit against New York Times for being too long
A federal judge in Florida has, for the moment, dismissed President Donald Trump's lawsuit against The New York Times due to how it was written.
share.google
September 20, 2025 at 3:49 PM
I think I support this. Yes, I know a lot of high profile litigators do the same thing, but I think it's unprofessional.
share.google/wJBnCNRl80m9...
share.google/wJBnCNRl80m9...
Haven't read this yet, but it sounds like someone finally gets Civil Recourse Tort Theory.
Excited to share my job talk paper "Postcolonial Private Law" now on SSRN where I bring international law into conversation with private law theory in arguing for empowering Global South people as rightsholders in transnational supply chains.
Thanks for the shout-out @lsolum.bsky.social!
Thanks for the shout-out @lsolum.bsky.social!
Bose on Postcolonial Private Law, buff.ly/J3zvLV4 - Debadatta Bose (University of California, Berkeley - School of Law) has posted Postcolonial Private Law on SSRN.
September 11, 2025 at 1:22 PM
Haven't read this yet, but it sounds like someone finally gets Civil Recourse Tort Theory.
Skrmetti apparently has legs:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
September 10, 2025 at 9:23 AM
Skrmetti apparently has legs:
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Maybe anti-climactic at this point:
apnews.com/article/trum...
Appeals court throws out massive civil fraud penalty against President Donald Trump
apnews.com/article/trum...
Appeals court throws out massive civil fraud penalty against President Donald Trump
Appeals court throws out massive civil fraud penalty against President Donald Trump
An appeals court has thrown out the massive civil fraud penalty against President Donald Trump but upheld other punishments, such as banning Trump and his two eldest sons from serving in corporate lea...
apnews.com
August 21, 2025 at 4:04 PM
Maybe anti-climactic at this point:
apnews.com/article/trum...
Appeals court throws out massive civil fraud penalty against President Donald Trump
apnews.com/article/trum...
Appeals court throws out massive civil fraud penalty against President Donald Trump
Ninth Circuit birthright citizenship opinion just dropped:
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
August 20, 2025 at 7:47 PM
Ninth Circuit birthright citizenship opinion just dropped:
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
New draft on marine fuel sale agreements just dropped:
papers.ssrn.com/sol3/papers.....
papers.ssrn.com/sol3/papers.....
CONTRACTING FOR MARITIME LIENS: A SURVEY OF MARINE FUEL SALE AGREEMENTS
<p><i><span>The marine fuel industry relies heavily on credit sales, entailing credit risk for suppliers and intermediaries. One way to mitigate the risk is the
papers.ssrn.com
August 19, 2025 at 4:10 PM
New draft on marine fuel sale agreements just dropped:
papers.ssrn.com/sol3/papers.....
papers.ssrn.com/sol3/papers.....
The scope of President Biden's pardon of Adam Schiff may become important, eh?
August 13, 2025 at 6:40 PM
The scope of President Biden's pardon of Adam Schiff may become important, eh?
How common is it for a law professor to be on retainer to the FBI?
justthenews.com/government/f...
justthenews.com/government/f...
Comey's media mole told FBI he shaped Russia narrative, needed ‘discount’ to deny leaking intel
The FBI confirmed illegal intel leaks but rounded up no offenders. Declassified memos have unmasked Comey's secret media conduit, a law professor whom Comey put on the government payroll.
justthenews.com
August 13, 2025 at 3:06 PM
How common is it for a law professor to be on retainer to the FBI?
justthenews.com/government/f...
justthenews.com/government/f...
Haven't been following Tornetta v. Musk closely. Is there an expected timeline for a ruling from the Delaware Supreme Court?
www.city-journal.org/article/elon...
www.city-journal.org/article/elon...
A Delaware Court Wrongly Stripped Billions from Elon Musk
The state’s Court of Chancery relied on an incoherent legal doctrine to overturn the billionaire’s compensation package.
www.city-journal.org
August 12, 2025 at 8:57 PM
Haven't been following Tornetta v. Musk closely. Is there an expected timeline for a ruling from the Delaware Supreme Court?
www.city-journal.org/article/elon...
www.city-journal.org/article/elon...
Should the SCOTUS take up the Boasberg matter or just leave it alone? I'm thinking it's better to just leave it alone.
s3.documentcloud.org/documents/26...
s3.documentcloud.org/documents/26...
s3.documentcloud.org
August 9, 2025 at 2:39 AM
Should the SCOTUS take up the Boasberg matter or just leave it alone? I'm thinking it's better to just leave it alone.
s3.documentcloud.org/documents/26...
s3.documentcloud.org/documents/26...