Brishen Rogers
@brishen.bsky.social
Prof at Georgetown Law. Labor law, political economy, technology, other things. I no longer have a twitter account.
Author, Data & Democracy at Work, The MIT Press. Open Access version at https://tinyurl.com/btv74buj
Author, Data & Democracy at Work, The MIT Press. Open Access version at https://tinyurl.com/btv74buj
Reposted by Brishen Rogers
Oh — the situation has escalated.
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
November 4, 2025 at 9:02 PM
Oh — the situation has escalated.
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
Pope Leo has spoken out: says "spiritual rights" of detainees should be respected and calls on the "authorities" to allow "pastoral workers" in.
"Jesus says very clearly … we're going to be asked, how did you receive the foreigner?" www.youtube.com/watch?v=taCi...
Not a single worker quoted in this @nytimes.com story on Amazon’s latest automation effort, which was also discussed on The Daily today.
How can we assess the company’s claims without hearing from workers who have used the tech?
www.nytimes.com/2025/10/21/t...
How can we assess the company’s claims without hearing from workers who have used the tech?
www.nytimes.com/2025/10/21/t...
Amazon Plans to Replace More Than Half a Million Jobs With Robots
www.nytimes.com
November 3, 2025 at 1:23 PM
Not a single worker quoted in this @nytimes.com story on Amazon’s latest automation effort, which was also discussed on The Daily today.
How can we assess the company’s claims without hearing from workers who have used the tech?
www.nytimes.com/2025/10/21/t...
How can we assess the company’s claims without hearing from workers who have used the tech?
www.nytimes.com/2025/10/21/t...
Reposted by Brishen Rogers
right. given the numbers, “how to win back the working class” should be as much about care and service workers as hard hats. and yet.
October 25, 2025 at 12:02 PM
right. given the numbers, “how to win back the working class” should be as much about care and service workers as hard hats. and yet.
Reposted by Brishen Rogers
I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.
It's especially for journalists covering this story!
Many details about how the compact itself works and why the administration has retreated to this strategy.
It's especially for journalists covering this story!
Many details about how the compact itself works and why the administration has retreated to this strategy.
Balkinization: The Art of Replacing the Law with the Deal
A group blog on constitutional law, theory, and politics
balkin.blogspot.com
October 4, 2025 at 10:34 PM
I thought I'd put the administration's proposed "compact" with universities in context, so I wrote the blog post below.
It's especially for journalists covering this story!
Many details about how the compact itself works and why the administration has retreated to this strategy.
It's especially for journalists covering this story!
Many details about how the compact itself works and why the administration has retreated to this strategy.
Reposted by Brishen Rogers
The Hertie School mourns the passing of Prof. Dr Dr h.c. Claus Offe, Professor Emeritus of Political Sociology, an extraordinary scholar, teacher and colleague.
We extend our heartfelt condolences to his family, friends and all who had the privilege to know him.
We extend our heartfelt condolences to his family, friends and all who had the privilege to know him.
October 2, 2025 at 2:07 PM
The Hertie School mourns the passing of Prof. Dr Dr h.c. Claus Offe, Professor Emeritus of Political Sociology, an extraordinary scholar, teacher and colleague.
We extend our heartfelt condolences to his family, friends and all who had the privilege to know him.
We extend our heartfelt condolences to his family, friends and all who had the privilege to know him.
Reposted by Brishen Rogers
Reposted by Brishen Rogers
NEW—Earlier this evening agents from ICE/other fed agencies were outside Rhode Island Ave metro in DC asking people exiting the station for their IDs, per someone who experienced it. When the person presented their Real ID license, an agent said that wasn't sufficient. Luckily they had secondary ID.
August 21, 2025 at 2:00 AM
NEW—Earlier this evening agents from ICE/other fed agencies were outside Rhode Island Ave metro in DC asking people exiting the station for their IDs, per someone who experienced it. When the person presented their Real ID license, an agent said that wasn't sufficient. Luckily they had secondary ID.
Reposted by Brishen Rogers
NEW Andrés Castro Araújo, Nicolás Restrepo Ochoa, "How to Make a Functionalist Argument." sociologicalscience.com/articles-v12...
August 14, 2025 at 5:31 PM
NEW Andrés Castro Araújo, Nicolás Restrepo Ochoa, "How to Make a Functionalist Argument." sociologicalscience.com/articles-v12...
Reposted by Brishen Rogers
I am a bit of a broken record on this, but are local DAs going to let this continue indefinitely? The ICE agents didn't have any kind of warrant, didn't identify themselves, and then recklessly started firing. Let them argue federal immunity.
A man understandably refused to hand over his ID or get out of the car for a bunch of masked thugs who refused to identify themselves.
And when he drove away, they opened fire on him.
This isn’t how you do any sort of enforcement when your goal is to uphold the law. This is gangsterism.
And when he drove away, they opened fire on him.
This isn’t how you do any sort of enforcement when your goal is to uphold the law. This is gangsterism.
Immigration officers open fire during vehicle stop in San Bernardino
August 17, 2025 at 5:30 PM
I am a bit of a broken record on this, but are local DAs going to let this continue indefinitely? The ICE agents didn't have any kind of warrant, didn't identify themselves, and then recklessly started firing. Let them argue federal immunity.
Reposted by Brishen Rogers
Just picked up @ositanwanevu.com ‘s really good, accessible book on democracy. This passage, which is key to his argument, captures what’s wrong with strong versions of the unitary executive theory as well as some versions of abundance liberalism.
August 14, 2025 at 11:00 AM
Just picked up @ositanwanevu.com ‘s really good, accessible book on democracy. This passage, which is key to his argument, captures what’s wrong with strong versions of the unitary executive theory as well as some versions of abundance liberalism.
we need a loving term for papers that are like 50% brilliant and 50% batshit
August 2, 2025 at 3:04 PM
we need a loving term for papers that are like 50% brilliant and 50% batshit
The BLS is legit a national treasure. Or was until now.
August 1, 2025 at 6:30 PM
The BLS is legit a national treasure. Or was until now.
Reposted by Brishen Rogers
The conventional wisdom swing on non-pharmaceutical measures during COVID has tilted toward "doing nothing, like Sweden did, was good." @ryanlcooper.com puts this through the ringer: prospect.org/health/2025-...
COVID Contrarians Are Wrong About Sweden
Trying to ‘let it rip’ in early 2020 was a disaster.
prospect.org
August 1, 2025 at 2:01 PM
The conventional wisdom swing on non-pharmaceutical measures during COVID has tilted toward "doing nothing, like Sweden did, was good." @ryanlcooper.com puts this through the ringer: prospect.org/health/2025-...
Reposted by Brishen Rogers
i believe that at 18 every american should be entered into a draft, not for military service, but for one year of mandatory retail or restaurant work
July 22, 2025 at 3:13 PM
i believe that at 18 every american should be entered into a draft, not for military service, but for one year of mandatory retail or restaurant work
Reposted by Brishen Rogers
Have you heard the good news?
A forthcoming conference will launch the The Association of Law and Political Economy: a membership organization with a regular annual conference, elected leadership, and an architecture for open participation and collaboration.
A forthcoming conference will launch the The Association of Law and Political Economy: a membership organization with a regular annual conference, elected leadership, and an architecture for open participation and collaboration.
CFP: Inaugural Association of Law and Political Economy Conference
A forthcoming conference will launch the The Association of Law and Political Economy (ALPE): a membership organization with a regular annual conference, elected leadership, and an architecture for…
lpeproject.org
July 17, 2025 at 3:21 PM
Have you heard the good news?
A forthcoming conference will launch the The Association of Law and Political Economy: a membership organization with a regular annual conference, elected leadership, and an architecture for open participation and collaboration.
A forthcoming conference will launch the The Association of Law and Political Economy: a membership organization with a regular annual conference, elected leadership, and an architecture for open participation and collaboration.
Dick Fallon was my Con Law professor and set a standard of humility and generosity in the classroom and with students that I try to follow.
He was also deeply thoughtful about many things, including the public responsibilities of scholars, as in this essay.
papers.ssrn.com/sol3/papers....
He was also deeply thoughtful about many things, including the public responsibilities of scholars, as in this essay.
papers.ssrn.com/sol3/papers....
Scholars' Briefs and the Vocation of a Law Professor
This article examines the increasingly common phenomenon of "scholars' briefs" in which collections of law professors appear as amici curiae in litiga
papers.ssrn.com
July 15, 2025 at 3:25 PM
Dick Fallon was my Con Law professor and set a standard of humility and generosity in the classroom and with students that I try to follow.
He was also deeply thoughtful about many things, including the public responsibilities of scholars, as in this essay.
papers.ssrn.com/sol3/papers....
He was also deeply thoughtful about many things, including the public responsibilities of scholars, as in this essay.
papers.ssrn.com/sol3/papers....
Reposted by Brishen Rogers
RIP Dick Fallon. A devastating loss professionally and personally.
July 14, 2025 at 5:00 PM
RIP Dick Fallon. A devastating loss professionally and personally.
Reposted by Brishen Rogers
The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.
The Supreme Court's disdain for Congress, the statutory design of agencies, and the public services they provide to millions truly astounds.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
Destroying a 50-year-old Cabinet-level department may be the biggest violation of the Take Care Clause in U.S. history—and six justices simply ... don't care.
BREAKING: The Supreme Court allows the Trump administration to move forward with the abolition of the Department of Education. It gives no explanation for its order. All three liberals dissent. www.documentcloud.org/documents/25...
From Sotomayor's dissent:
From Sotomayor's dissent:
July 14, 2025 at 8:31 PM
The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.
Reposted by Brishen Rogers
As someone who has been on the business end of nationwide injunctions that I thought were improper, I find the question of what rules we should adopt for them to be genuinely hard. But yesterday's decision deserves massive criticism, for at least two reasons. (Thread.)
June 28, 2025 at 6:03 PM
As someone who has been on the business end of nationwide injunctions that I thought were improper, I find the question of what rules we should adopt for them to be genuinely hard. But yesterday's decision deserves massive criticism, for at least two reasons. (Thread.)
Reposted by Brishen Rogers
.@CBS8 in San Diego reports that due to Bishop Michael Pham’s presence in the courtroom, in effect, cases of migrants today were postponed.
June 20, 2025 at 9:25 PM
.@CBS8 in San Diego reports that due to Bishop Michael Pham’s presence in the courtroom, in effect, cases of migrants today were postponed.
Reposted by Brishen Rogers
Thank you, Justice Jackson. Textualists claim their methodology constrains them. But it doesn't meaningfully do so.
![The majority's contention that I reject "pure textualism' [a]s insuf-ficiently pliable to secure the result [I] seek," ante, at 10, stems from an unfortunate misunderstanding of the judicial role. Our interpretative task is not to seek our own desired results (whatever they may be). And, indeed, it is precisely because of this solemn duty that, in my view, it is imperative that we interpret statutes consistent with all relevant indicia of what Congress wanted, as best we can ascertain its intent. A methodology that includes consideration of Congress's aims does exactly that— and no more. By contrast, pure textualism's refusal to try to understand the text of a statute in the larger context of what Congress sought to achieve turns the interpretive task into a potent weapon for advancing judicial policy preferences. By "finding" answers in ambiguous text, and not bothering to consider whether those answers align with other sources of statutory meaning, pure textualists can easily disguise their own preferences as "textual" inevitabilities. So, really, far from being "insuffi-ciently pliable," I think pure textualism is incessantly malleable that's its primary problem-and, indeed, it is certainly somehow always flexible enough to secure the majority's desired outcome.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:npccsb474a3u5277no6e6y2g/bafkreiawgli2xbcagrdjfbjvjdei7px7pdkmiu4cyrs3afgnohnv2a4qhe@jpeg)
June 20, 2025 at 2:49 PM
Thank you, Justice Jackson. Textualists claim their methodology constrains them. But it doesn't meaningfully do so.
Reposted by Brishen Rogers
The law in its infinite wisdom bans trans and cis people alike from being trans
June 19, 2025 at 6:30 PM
The law in its infinite wisdom bans trans and cis people alike from being trans
Not sure what to make of the fact that the best account of law's role in class relations is the postscript to a study of 18th century rural England! Maybe Thompson was being presentist. Yet it reads prophetically, and has not been matched or topped by generations of legal scholars IMHO.
June 14, 2025 at 8:57 PM
Not sure what to make of the fact that the best account of law's role in class relations is the postscript to a study of 18th century rural England! Maybe Thompson was being presentist. Yet it reads prophetically, and has not been matched or topped by generations of legal scholars IMHO.
Reposted by Brishen Rogers
June 10, 2025 at 9:15 PM