Michael Herz
@michaeleherz.bsky.social
Law prof @cardozolaw.bsky.social
https://cardozo.yu.edu/directory/michael-eric-herz
https://cardozo.yu.edu/directory/michael-eric-herz
Reposted by Michael Herz
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
NEWS! The ABA Admin Law Conference is FREE this year, in light of the shutdown. Great for admin law practitioners, academics, and students. It'll be Nov. 21 but you'll also be able to access recordings for 30 days afterwards.
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
6 FREE hours of CLE (approvals pending), including 3 ethics hours:
2025 Administrative Law Fall Conference
events.americanbar.org
November 11, 2025 at 9:27 PM
Can you help me get the word out? We are having trouble reaching government attorneys due to the shutdown.
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
This is 6 hours of CLE of FREE through the ABA. But you don’t have to be an attorney to sign up!
Thread of topics we will cover:
Reposted by Michael Herz
I use Claude (an AI) to scan my posts for spelling and grammar errors. On the most recent post (about the East Wing, link below), I got a really amazing addendum.
www.pbump.net/o/yes-most-a...
www.pbump.net/o/yes-most-a...
October 30, 2025 at 3:03 PM
I use Claude (an AI) to scan my posts for spelling and grammar errors. On the most recent post (about the East Wing, link below), I got a really amazing addendum.
www.pbump.net/o/yes-most-a...
www.pbump.net/o/yes-most-a...
This 1973 Herblock cartoon seems apropos. Though the theft metaphor is off; today the drawing would show Congress dropping its powers off at a thrift shop.
September 12, 2025 at 4:20 PM
This 1973 Herblock cartoon seems apropos. Though the theft metaphor is off; today the drawing would show Congress dropping its powers off at a thrift shop.
Looking forward to welcoming Michelle Adams back to @cardozolaw.bsky.social to discuss her wonderful book, The Containment. 9/17 at 6pm. Extra bonus: James Forman and Alex Reinert. Not to be missed! Details and registration: www.eventbrite.com/e/michelle-a...
September 2, 2025 at 11:33 AM
Looking forward to welcoming Michelle Adams back to @cardozolaw.bsky.social to discuss her wonderful book, The Containment. 9/17 at 6pm. Extra bonus: James Forman and Alex Reinert. Not to be missed! Details and registration: www.eventbrite.com/e/michelle-a...
Reposted by Michael Herz
native washingtonian here. i've lived in this area my whole life. i've never felt less safe than i have in the past couple weeks.
Stephen Miller on DC residents: "For the first time in their lives, they can use the parks, they can walk on the streets. You have people who can walk freely at night without having to worry about being robbed or mugged. They are wearing their watches again."
August 25, 2025 at 3:33 PM
native washingtonian here. i've lived in this area my whole life. i've never felt less safe than i have in the past couple weeks.
Reposted by Michael Herz
The subway risk chart you've been waiting for (Sawyer County, Wisconsin, is where Sean Duffy is from). Gift link: www.bloomberg.com/opinion/arti...
July 21, 2025 at 1:23 PM
The subway risk chart you've been waiting for (Sawyer County, Wisconsin, is where Sean Duffy is from). Gift link: www.bloomberg.com/opinion/arti...
@bradlander.bsky.social showing why he would have been a great mayor (and will, I trust, be a great something or other in a Mamdani administration)
Lander: "It's just gross, racist bigotry. Meanwhile he's running an optimistic, upbeat campaign for a NY where everybody belongs, and I feel proud as the highest-ranking Jewish elected official in NYC to be supporting somebody who would be the first Muslim mayor—what could be more NYC than that?"
June 27, 2025 at 10:00 PM
@bradlander.bsky.social showing why he would have been a great mayor (and will, I trust, be a great something or other in a Mamdani administration)
Reposted by Michael Herz
Reposted by Michael Herz
NEW: StreetsPAC recommends that voters rank Comptroller Brad Lander first for mayor, saying his plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any office." buff.ly/WgU5qEr
StreetsPAC Ranks Lander #1 for Mayor, Offers Other Picks for Comptroller, Beeps and Council - Streetsblog New York City
The livable streets political action committee says Lander's plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any…
nyc.streetsblog.org
June 11, 2025 at 4:34 PM
NEW: StreetsPAC recommends that voters rank Comptroller Brad Lander first for mayor, saying his plan for safer streets and better public transit is "by far the most comprehensive blueprint ... we've ever seen from a candidate for any office." buff.ly/WgU5qEr
Reposted by Michael Herz
Judicial Deference and Presidential Power Under the Alien Enemies Act
By @becingber.bsky.social
A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. “political question doctrine”) in #AlienEnemiesAct cases
www.justsecurity.org/113589/polit...
By @becingber.bsky.social
A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. “political question doctrine”) in #AlienEnemiesAct cases
www.justsecurity.org/113589/polit...
Judicial Deference and Presidential Power Under the Alien Enemies Act
Legal scholar discusses where judges have and should draw the line on judicial deference to the President in Alien Enemies Act litigation.
www.justsecurity.org
May 20, 2025 at 3:37 PM
Judicial Deference and Presidential Power Under the Alien Enemies Act
By @becingber.bsky.social
A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. “political question doctrine”) in #AlienEnemiesAct cases
www.justsecurity.org/113589/polit...
By @becingber.bsky.social
A sweeping analysis of all the cases to date, and assessing the proper role of judicial deference (vs. “political question doctrine”) in #AlienEnemiesAct cases
www.justsecurity.org/113589/polit...
How long can New Jersey and Sean Duffy keep fighting, and misrepresenting, a policy with such sweeping benefits?
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
Here Is Everything That Has Changed Since Congestion Pricing Started in New York
Fewer cars. Faster travel. Less honking. And some questions we still can’t answer.
www.nytimes.com
May 12, 2025 at 1:26 PM
How long can New Jersey and Sean Duffy keep fighting, and misrepresenting, a policy with such sweeping benefits?
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
Trying to pin down Elon's emotional age. The toy badge makes him seem about 5. But the 69420 is more sophisticated, what might give a frisson to an 11-year-old. So somewhere in that range.
April 29, 2025 at 4:11 PM
Trying to pin down Elon's emotional age. The toy badge makes him seem about 5. But the 69420 is more sophisticated, what might give a frisson to an 11-year-old. So somewhere in that range.
DOGE set out on a hunt for nails, equipped only with a hammer. They have managed to nail a few boards together and, beaming with pride, are shouting "Look what I made!" But it turns out woodworking is more complex.
www.nytimes.com/2025/04/13/u...
www.nytimes.com/2025/04/13/u...
DOGE Is Far Short of Its Goal, and Still Overstating Its Progress
Elon Musk now says his group will produce only 15 percent of the savings it promised. But even that estimate is inflated with errors and guesswork.
www.nytimes.com
April 13, 2025 at 2:03 PM
DOGE set out on a hunt for nails, equipped only with a hammer. They have managed to nail a few boards together and, beaming with pride, are shouting "Look what I made!" But it turns out woodworking is more complex.
www.nytimes.com/2025/04/13/u...
www.nytimes.com/2025/04/13/u...
Another spectacular hiring year @cardozolaw.bsky.social. Very much looking forward to working with these five new colleagues!
We are excited to welcome five outstanding new faculty members to Cardozo School of Law! 🎉
🔹 Aneil Kovvali
🔹 James Macleod
🔹 Jared Mayer
🔹 Prianka Nair
🔹 Britta Redwood
Learn more about their impressive backgrounds:
➡️ bit.ly/42q235E
#CardozoLaw
🔹 Aneil Kovvali
🔹 James Macleod
🔹 Jared Mayer
🔹 Prianka Nair
🔹 Britta Redwood
Learn more about their impressive backgrounds:
➡️ bit.ly/42q235E
#CardozoLaw
Dean Leslie Appoints Five New Faculty Members
Cardozo Law proudly welcomes five new members of its strong and growing faculty.
bit.ly
April 9, 2025 at 9:05 PM
Another spectacular hiring year @cardozolaw.bsky.social. Very much looking forward to working with these five new colleagues!
Very pleased to be among the 49 @cardozolaw.bsky.social faculty members to sign this letter to our students.
April 3, 2025 at 2:51 PM
Very pleased to be among the 49 @cardozolaw.bsky.social faculty members to sign this letter to our students.
An excellent open letter from 79 law school deans. But the most striking fact is that well over half of all deans did not sign. It cannot be out of substantive disagreement. Presumably they or their universities have been cowed into silence. www.linkedin.com/posts/willia...
Today, I joined 78 of my fellow law school deans in signing the following… | William M. Treanor | 40 comments
Today, I joined 78 of my fellow law school deans in signing the following letter, issued March 26, 2025:
"As deans of law schools, we have a special… | 40 comments on LinkedIn
www.linkedin.com
March 26, 2025 at 8:47 PM
An excellent open letter from 79 law school deans. But the most striking fact is that well over half of all deans did not sign. It cannot be out of substantive disagreement. Presumably they or their universities have been cowed into silence. www.linkedin.com/posts/willia...
Reposted by Michael Herz
They Are America’s Most Powerful Law Firms. Their Silence Is Deafening. www.nytimes.com/2025/03/25/o...
Opinion | America’s Most Powerful Law Firms Won’t Stand Up to Trump
Bowing to Trump won’t protect their businesses and clients.
www.nytimes.com
March 25, 2025 at 2:30 PM
They Are America’s Most Powerful Law Firms. Their Silence Is Deafening. www.nytimes.com/2025/03/25/o...
Turns out the newly discovered mystery/nominal head of DOGE thinks government can and should solve problems. "One thing that I've learned about joining the government is that you get to work on really cool problems that affect all of Americans." Does Elon know? www.ted.com/talks/amy_gl...
A 360⁰ View of Patient History
A primary caregiver to her daughter Morgan Gleason, diagnosed with Juvenile Dermatomyositis, Amy Gleason gives us her in-depth analysis of the management of patient information. Stressing the need for...
www.ted.com
February 26, 2025 at 4:10 AM
Turns out the newly discovered mystery/nominal head of DOGE thinks government can and should solve problems. "One thing that I've learned about joining the government is that you get to work on really cool problems that affect all of Americans." Does Elon know? www.ted.com/talks/amy_gl...
"1st thing we do, let's kill all the lawyers." Because, to quote Justice Stevens, "Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government." supreme.justia.com/cases/federa.... Hegseth proving the point. @debpearlstein.bsky.social
February 23, 2025 at 5:41 PM
"1st thing we do, let's kill all the lawyers." Because, to quote Justice Stevens, "Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government." supreme.justia.com/cases/federa.... Hegseth proving the point. @debpearlstein.bsky.social
For those in NYC: on Monday, 2/24 at 6pm the indefatigable and always interesting @stevevladeck.bsky.social will be giving a public talk at @cardozolaw.bsky.social : "The Court We Need: Why the Supreme Court is Worth Saving--Especially from Itself." All welcome! go.yu.edu/youre-invite...
You're Invited: The Court We Need: Why the Supreme Court is Worth Saving—Especially from Itself
go.yu.edu
February 20, 2025 at 5:54 PM
For those in NYC: on Monday, 2/24 at 6pm the indefatigable and always interesting @stevevladeck.bsky.social will be giving a public talk at @cardozolaw.bsky.social : "The Court We Need: Why the Supreme Court is Worth Saving--Especially from Itself." All welcome! go.yu.edu/youre-invite...
Reposted by Michael Herz
This is as good a summary as any of Trump's approach to government: it's awful and I don't know anything about it
Reporter: Why do you want to be chairman of Kennedy Center board?
Trump: Some of the shows were terrible. They were a disgrace.
Reporter: Have you seen any shows there?
Trump: No, I didn’t go.
Trump: Some of the shows were terrible. They were a disgrace.
Reporter: Have you seen any shows there?
Trump: No, I didn’t go.
February 10, 2025 at 3:09 AM
This is as good a summary as any of Trump's approach to government: it's awful and I don't know anything about it
A convincing explanation of why the NIH's process-free & unjustified (in every sense) reduction in payments for grantees' indirect costs is illegal. It is highly likely a court will so rule. But one despairs at the flood of such actions and the possibility that court rulings will simply be ignored.
Indirect Costs and Trump's Attack on Independent Voices.
My latest post:
buttondown.com/sbagen/archi...
My latest post:
buttondown.com/sbagen/archi...
Indirect Costs and Trump's Attack on Independent Voices
By Samuel Bagenstos A strong democracy requires a robust independent sector. Organizations and associations that stand apart from the governing state regime...
buttondown.com
February 8, 2025 at 4:59 PM
A convincing explanation of why the NIH's process-free & unjustified (in every sense) reduction in payments for grantees' indirect costs is illegal. It is highly likely a court will so rule. But one despairs at the flood of such actions and the possibility that court rulings will simply be ignored.
Reposted by Michael Herz
Sure sounds to me like the Trump Administration believes unlawfully present aliens are "subject to the jurisdiciton" of the United States.
Check out this provision in Trump’s EO on the death penalty, which orders the AG to pursue a death sentence “regardless of other factors” if the defendant is “an alien illegally present.”
January 31, 2025 at 3:03 PM
Sure sounds to me like the Trump Administration believes unlawfully present aliens are "subject to the jurisdiciton" of the United States.
So much for ambition being made to counteract ambition. Separation of parties, not separation of powers. papers.ssrn.com/sol3/papers....
January 26, 2025 at 4:36 PM
So much for ambition being made to counteract ambition. Separation of parties, not separation of powers. papers.ssrn.com/sol3/papers....
Reposted by Michael Herz
A hiring freeze is one thing; rescinding *accepted* offers of employment is just being cruel for the sake of being cruel, and upending the lives of countless young lawyers (and others) who now have to scramble to find alternative employment (including, perhaps, in entirely different cities).
January 23, 2025 at 2:25 PM
A hiring freeze is one thing; rescinding *accepted* offers of employment is just being cruel for the sake of being cruel, and upending the lives of countless young lawyers (and others) who now have to scramble to find alternative employment (including, perhaps, in entirely different cities).