@benjifisch.bsky.social
Drip is on point, no notes.
October 10, 2025 at 3:08 PM
Drip is on point, no notes.
I guess I didn’t miss much by not getting into HLS.
October 10, 2025 at 2:07 AM
I guess I didn’t miss much by not getting into HLS.
I’m not saying it’s suspicious, necessarily. Just extremely weird.
September 26, 2025 at 11:11 PM
I’m not saying it’s suspicious, necessarily. Just extremely weird.
I’m very confused as to how he was even hired by his school.
September 26, 2025 at 11:06 PM
I’m very confused as to how he was even hired by his school.
They’re not even healthy for you.
September 24, 2025 at 3:59 PM
They’re not even healthy for you.
This could lead directly into the valuable discussion that the founders really had profound disagreements about the nature of the union.
September 21, 2025 at 9:09 PM
This could lead directly into the valuable discussion that the founders really had profound disagreements about the nature of the union.
In other words, the mid 20th century liberal story that state compact theory was just a stalking horse for defending slavery and segregation looks a little bit less credible than it did 20 years ago.
September 21, 2025 at 9:08 PM
In other words, the mid 20th century liberal story that state compact theory was just a stalking horse for defending slavery and segregation looks a little bit less credible than it did 20 years ago.
And it’s important to remember that Jeffersons and Madison‘s first invocation of state rights came in the context of the alien and sedition acts.
September 21, 2025 at 9:07 PM
And it’s important to remember that Jeffersons and Madison‘s first invocation of state rights came in the context of the alien and sedition acts.
I’m not endorsing your view necessarily, but the key supreme court case saying that states couldn’t use habeas corpus against federal imprisonment is remarkably unconvincing.
September 21, 2025 at 9:04 PM
I’m not endorsing your view necessarily, but the key supreme court case saying that states couldn’t use habeas corpus against federal imprisonment is remarkably unconvincing.
Baude characterizes himself as defending originalism on positive grounds, so I think he would not rest his defense of Swift on natural law grounds, though he does believe in unwritten law.
September 3, 2025 at 8:05 PM
Baude characterizes himself as defending originalism on positive grounds, so I think he would not rest his defense of Swift on natural law grounds, though he does believe in unwritten law.
And I think Suzanne Sherry, long before Baude, also argued Erie was decided wrongly.
September 3, 2025 at 8:02 PM
And I think Suzanne Sherry, long before Baude, also argued Erie was decided wrongly.
And there’s an alternative take by Baude which posits the existence of unwritten law and argues against the Holmesian position that this is a metaphysical extravagance.
September 3, 2025 at 8:01 PM
And there’s an alternative take by Baude which posits the existence of unwritten law and argues against the Holmesian position that this is a metaphysical extravagance.
Yes. The Upside Constitution provides the theory behind this charge. But all the conservative theories agree Erie misread the RDA.
September 3, 2025 at 7:59 PM
Yes. The Upside Constitution provides the theory behind this charge. But all the conservative theories agree Erie misread the RDA.
Greve’s account praises federal courts for creating a commercial jurisprudence that prevents states favoring insiders.
September 3, 2025 at 7:58 PM
Greve’s account praises federal courts for creating a commercial jurisprudence that prevents states favoring insiders.
(Sorry for the typo I’m dictating this). Second, Michael Greve has an account where Erie enables states to capture income from outsiders, and this is bad.
September 3, 2025 at 7:56 PM
(Sorry for the typo I’m dictating this). Second, Michael Greve has an account where Erie enables states to capture income from outsiders, and this is bad.
There’s several different versions of the story; first as a formal matter this Supreme Court clearly misunderstood. The rules of decision act in Erie. As a matter of statutory interpretation, the Courts reported reason does not stand up.
September 3, 2025 at 7:54 PM
There’s several different versions of the story; first as a formal matter this Supreme Court clearly misunderstood. The rules of decision act in Erie. As a matter of statutory interpretation, the Courts reported reason does not stand up.
From Thomas Sowell and George Will to …. this is a steep decline indeed.
September 3, 2025 at 5:53 PM
From Thomas Sowell and George Will to …. this is a steep decline indeed.
This happened in 2011; some of the philosophers in the room accused him of undermining the basis of human rights by undermining the nation state. And those were putative liberals.
September 2, 2025 at 10:28 PM
This happened in 2011; some of the philosophers in the room accused him of undermining the basis of human rights by undermining the nation state. And those were putative liberals.
You would not believe how furious the entire colloquium was at Joseph Carens! It was extraordinary.
September 2, 2025 at 10:26 PM
You would not believe how furious the entire colloquium was at Joseph Carens! It was extraordinary.
I went to the famous NYU legal theory colloquium, and witnessed Samuel Freeman furiously lecturing Joseph Carens that open borders would only lead to global immoderation. He certainly thought Rawls was a nationalist in some key respects.
September 2, 2025 at 10:24 PM
I went to the famous NYU legal theory colloquium, and witnessed Samuel Freeman furiously lecturing Joseph Carens that open borders would only lead to global immoderation. He certainly thought Rawls was a nationalist in some key respects.
Reposted
It was truly horrifying to hear from people in nonprofits and government trying desperately to house migrants in blue states over the last few years, who simply could not find any place to house them, because barely any new housing existed and prices were being driven higher and higher.
August 25, 2025 at 2:15 AM
It was truly horrifying to hear from people in nonprofits and government trying desperately to house migrants in blue states over the last few years, who simply could not find any place to house them, because barely any new housing existed and prices were being driven higher and higher.