David Kinnaird
@dkinnaird.bsky.social
Research Fellow, Georgetown Center for the Constitution. Interested in remedies, the law of judgments, and due process.
Pinned
David Kinnaird
@dkinnaird.bsky.social
· Nov 14
An updated draft of "Habeas Corpus and Void Judgments," forthcoming in Vol. 100 of the Notre Dame Law Review, is up on SSRN: papers.ssrn.com/abstract=462...
Reposted by David Kinnaird
Just gonna leave this here, for all the Administration officials who think that the Supreme Court’s immunity for the president extends to them. The answer, it seems, is pretty clearly no. Just bc the big boss is immune doesn’t mean you are.
April 19, 2025 at 2:34 AM
Just gonna leave this here, for all the Administration officials who think that the Supreme Court’s immunity for the president extends to them. The answer, it seems, is pretty clearly no. Just bc the big boss is immune doesn’t mean you are.
Very interesting forthcoming article: Josiah Rutledge, Confrontation at Sentencing, papers.ssrn.com/sol3/papers....
In-depth analysis of the original meaning of the Confrontation Clause; persuasively argues that the right of confrontation applies at the sentencing phase of trial.
In-depth analysis of the original meaning of the Confrontation Clause; persuasively argues that the right of confrontation applies at the sentencing phase of trial.
Confrontation at Sentencing
In modern criminal prosecutions, the determination of guilt is often little more than a formality. It sets the stage for the main event: sentencing. Sentencing,
papers.ssrn.com
April 12, 2025 at 8:27 PM
Very interesting forthcoming article: Josiah Rutledge, Confrontation at Sentencing, papers.ssrn.com/sol3/papers....
In-depth analysis of the original meaning of the Confrontation Clause; persuasively argues that the right of confrontation applies at the sentencing phase of trial.
In-depth analysis of the original meaning of the Confrontation Clause; persuasively argues that the right of confrontation applies at the sentencing phase of trial.
James Wilson on official immunity and loyalty: "[T]he true form of loyalty [is] in obeying our sovereign according to law: let those, who would require it in any other form, know, that we call the persons who execute his commands, when contrary to law, disloyal and traitors." 1/3
April 12, 2025 at 8:26 PM
James Wilson on official immunity and loyalty: "[T]he true form of loyalty [is] in obeying our sovereign according to law: let those, who would require it in any other form, know, that we call the persons who execute his commands, when contrary to law, disloyal and traitors." 1/3
A must-read paper. Potential implications for void-for-vagueness doctrine, the law of judgments, and other subjects beyond its immediate scope.
Keener on Bonham's Case, https://buff.ly/42HiPiH - Benjamin Keener (University of Pennsylvania Carey Law School) has posted Bonham's Case and Judicial Duty on SSRN.
buff.ly
January 22, 2025 at 7:51 PM
A must-read paper. Potential implications for void-for-vagueness doctrine, the law of judgments, and other subjects beyond its immediate scope.
Reposted by David Kinnaird
Wong Kim Ark, 169 U.S. 649, 692 (1898). True then, true now.
November 18, 2024 at 11:14 PM
Wong Kim Ark, 169 U.S. 649, 692 (1898). True then, true now.
1/12 A series of interesting (and prescient) snippets from Henry Campbell Black's treatise "Relation of the Executive Power to Legislation" on the growth of the executive power from 1865 to 1919:
January 17, 2025 at 9:57 PM
1/12 A series of interesting (and prescient) snippets from Henry Campbell Black's treatise "Relation of the Executive Power to Legislation" on the growth of the executive power from 1865 to 1919:
Reposted by David Kinnaird
Randy Barnett and I have just posted a new paper, Originalism and the Party Presentation Principle, which is available on SSRN at this link:
Originalism and the Party Presentation Principle
<p>The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations
buff.ly
January 15, 2025 at 2:00 PM
Randy Barnett and I have just posted a new paper, Originalism and the Party Presentation Principle, which is available on SSRN at this link:
Reposted by David Kinnaird
5/ 5/ The historical background is detailed here, by
@andrewkent33, Ethan Leib, and me, "Faithful Execution and Article II," @HarvLRev 2019:
harvardlawreview.org/print/vol-13...
@andrewkent33, Ethan Leib, and me, "Faithful Execution and Article II," @HarvLRev 2019:
harvardlawreview.org/print/vol-13...
Faithful Execution and Article II
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must “take Care that the Laws be faithfully executed” and take an oath or affirmation to “fa
harvardlawreview.org
December 4, 2024 at 9:25 PM
5/ 5/ The historical background is detailed here, by
@andrewkent33, Ethan Leib, and me, "Faithful Execution and Article II," @HarvLRev 2019:
harvardlawreview.org/print/vol-13...
@andrewkent33, Ethan Leib, and me, "Faithful Execution and Article II," @HarvLRev 2019:
harvardlawreview.org/print/vol-13...
An updated draft of "Habeas Corpus and Void Judgments," forthcoming in Vol. 100 of the Notre Dame Law Review, is up on SSRN: papers.ssrn.com/abstract=462...
November 14, 2024 at 12:42 PM
An updated draft of "Habeas Corpus and Void Judgments," forthcoming in Vol. 100 of the Notre Dame Law Review, is up on SSRN: papers.ssrn.com/abstract=462...