A few articles on it for reference:
scholarship.law.tamu.edu/lawreview/vo...
www.nbcnews.com/think/opinio...
www.law.cornell.edu/constitution...
academic.oup.com/book/31907/c...
scholarship.law.tamu.edu/lawreview/vo...
www.nbcnews.com/think/opinio...
www.law.cornell.edu/constitution...
academic.oup.com/book/31907/c...
January 8, 2026 at 6:07 PM
A few articles on it for reference:
scholarship.law.tamu.edu/lawreview/vo...
www.nbcnews.com/think/opinio...
www.law.cornell.edu/constitution...
academic.oup.com/book/31907/c...
scholarship.law.tamu.edu/lawreview/vo...
www.nbcnews.com/think/opinio...
www.law.cornell.edu/constitution...
academic.oup.com/book/31907/c...
The Trump administration reportedly invoked a 1989 DOJ opinion holding that POTUS can “override” the UN Charter to justify the U.S. military intervention in Venezuela.
I dissect and refute that 1989 legal opinion in this law review article.
publications.lawschool.cornell.edu/lawreview/20...
I dissect and refute that 1989 legal opinion in this law review article.
publications.lawschool.cornell.edu/lawreview/20...
Presidential War Powers, The Take Care, and Article 2(4) of the U.N. Charter – Cornell Law Review
publications.lawschool.cornell.edu
January 4, 2026 at 11:31 AM
The Trump administration reportedly invoked a 1989 DOJ opinion holding that POTUS can “override” the UN Charter to justify the U.S. military intervention in Venezuela.
I dissect and refute that 1989 legal opinion in this law review article.
publications.lawschool.cornell.edu/lawreview/20...
I dissect and refute that 1989 legal opinion in this law review article.
publications.lawschool.cornell.edu/lawreview/20...
It's a long read, but worth it. A single call makes little difference, but collective pressure causes action. It is one of the few things that does, in fact.
But that collective pressure is made up by single calls.
journals.library.wustl.edu/lawreview/ar...
But that collective pressure is made up by single calls.
journals.library.wustl.edu/lawreview/ar...
journals.library.wustl.edu
January 3, 2026 at 9:43 PM
It's a long read, but worth it. A single call makes little difference, but collective pressure causes action. It is one of the few things that does, in fact.
But that collective pressure is made up by single calls.
journals.library.wustl.edu/lawreview/ar...
But that collective pressure is made up by single calls.
journals.library.wustl.edu/lawreview/ar...
We're seeing a resurgence of law office history in recent "debates" re well-settled law, e.g., birthright citizenship, for which I point you toward @evanbernick.bsky.social, @gowder.io, and @anthonymkreis.bsky.social's excellent article:
publications.lawschool.cornell.edu/lawreview/20...
publications.lawschool.cornell.edu/lawreview/20...
Birthright Citizenship and the Dunning School of Unoriginal Meanings – Cornell Law Review
publications.lawschool.cornell.edu
January 1, 2026 at 3:45 PM
We're seeing a resurgence of law office history in recent "debates" re well-settled law, e.g., birthright citizenship, for which I point you toward @evanbernick.bsky.social, @gowder.io, and @anthonymkreis.bsky.social's excellent article:
publications.lawschool.cornell.edu/lawreview/20...
publications.lawschool.cornell.edu/lawreview/20...
I wrote a paper many years ago about the complementary uses of carrots and sticks in private-sector climate governance. I modeled it on A.O. Hirschman's _Exit, Voice, and Loyalty_.
scholarship.law.tamu.edu/lawreview/vo...
scholarship.law.tamu.edu/lawreview/vo...
Carrots and Sticks in Private Climate Governance
When public governance fails to address important environmental threats— such as climate change—private governance by firms, not-for-profits, individuals, and households can produce significant reduct...
scholarship.law.tamu.edu
December 24, 2025 at 12:24 AM
I wrote a paper many years ago about the complementary uses of carrots and sticks in private-sector climate governance. I modeled it on A.O. Hirschman's _Exit, Voice, and Loyalty_.
scholarship.law.tamu.edu/lawreview/vo...
scholarship.law.tamu.edu/lawreview/vo...
Papering Justices, 50 BYU Law Review 681 (2025) (digitalcommons.law.byu.edu/lawreview/vo...)
A court reform piece, in which I propose that each side to a dispute gets the chance to peremptorily challenge a Justice of their choice. Written before the 2024 election, and I still stand behind it!
A court reform piece, in which I propose that each side to a dispute gets the chance to peremptorily challenge a Justice of their choice. Written before the 2024 election, and I still stand behind it!
Papering Justices
Supreme Court reform is a lively topic of discussion and debate, with scholars, commentators, and politicians debating a variety of proposed Court reforms, such as term limits, additional Justices, an...
digitalcommons.law.byu.edu
December 19, 2025 at 5:33 PM
Papering Justices, 50 BYU Law Review 681 (2025) (digitalcommons.law.byu.edu/lawreview/vo...)
A court reform piece, in which I propose that each side to a dispute gets the chance to peremptorily challenge a Justice of their choice. Written before the 2024 election, and I still stand behind it!
A court reform piece, in which I propose that each side to a dispute gets the chance to peremptorily challenge a Justice of their choice. Written before the 2024 election, and I still stand behind it!
Missouri's Law of Constitutional Interpretation, 93 UMKC Law Review 703 (2025) (irlaw.umkc.edu/lawreview/vo...)
I survey and do deep dives into more than 100 cases interpreting the Missouri Constitution to identify interpretive methods and trends over time. More state-specific projects forthcoming.
I survey and do deep dives into more than 100 cases interpreting the Missouri Constitution to identify interpretive methods and trends over time. More state-specific projects forthcoming.
Missouri's Law of Constitutional Interpretation
By Michael L. Smith, Published on 03/01/25
irlaw.umkc.edu
December 19, 2025 at 5:33 PM
Missouri's Law of Constitutional Interpretation, 93 UMKC Law Review 703 (2025) (irlaw.umkc.edu/lawreview/vo...)
I survey and do deep dives into more than 100 cases interpreting the Missouri Constitution to identify interpretive methods and trends over time. More state-specific projects forthcoming.
I survey and do deep dives into more than 100 cases interpreting the Missouri Constitution to identify interpretive methods and trends over time. More state-specific projects forthcoming.
The left is today. On the right is something I wrote about financial deregulation under Trump I.
In 2023, we had a near-banking crisis the proximate cause of which was financial deregulation. This administration is repeating the same failed playbook again.
scholar.law.colorado.edu/lawreview/vo...
In 2023, we had a near-banking crisis the proximate cause of which was financial deregulation. This administration is repeating the same failed playbook again.
scholar.law.colorado.edu/lawreview/vo...
December 11, 2025 at 4:02 PM
The left is today. On the right is something I wrote about financial deregulation under Trump I.
In 2023, we had a near-banking crisis the proximate cause of which was financial deregulation. This administration is repeating the same failed playbook again.
scholar.law.colorado.edu/lawreview/vo...
In 2023, we had a near-banking crisis the proximate cause of which was financial deregulation. This administration is repeating the same failed playbook again.
scholar.law.colorado.edu/lawreview/vo...
Wrote an article that discussed the absurd inversion of the Take Care Clause in the war powers domain.
publications.lawschool.cornell.edu/lawreview/20...
publications.lawschool.cornell.edu/lawreview/20...
Presidential War Powers, The Take Care, and Article 2(4) of the U.N. Charter – Cornell Law Review
publications.lawschool.cornell.edu
December 9, 2025 at 2:55 PM
Wrote an article that discussed the absurd inversion of the Take Care Clause in the war powers domain.
publications.lawschool.cornell.edu/lawreview/20...
publications.lawschool.cornell.edu/lawreview/20...
What kills me about this post and repost is that Anthony already cleared them both on this point in his excellent co-authored piece in the Cornell Law Review (online) just this summer. But Ilan is seeking a name for himself. And Barnett…well…
publications.lawschool.cornell.edu/lawreview/wp...
publications.lawschool.cornell.edu/lawreview/wp...
December 7, 2025 at 8:32 PM
What kills me about this post and repost is that Anthony already cleared them both on this point in his excellent co-authored piece in the Cornell Law Review (online) just this summer. But Ilan is seeking a name for himself. And Barnett…well…
publications.lawschool.cornell.edu/lawreview/wp...
publications.lawschool.cornell.edu/lawreview/wp...
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
December 5, 2025 at 7:27 PM
If you want a read about the recent anti-constituonal attempt to denaturalize American children from their claim to birthright citizenship using bad history, @evanbernick.bsky.social, @gowder.io, I wrote about it in the Cornell Law Review Online. publications.lawschool.cornell.edu/lawreview/wp...
State laws may need to change. One of the first prosecutions of a company for homicide was Film Recovery Systems in Illinois in 1985. Conviction over-turned on appeal. If you’re interested - journals.library.wustl.edu/lawreview/ar...
journals.library.wustl.edu
December 4, 2025 at 8:33 PM
State laws may need to change. One of the first prosecutions of a company for homicide was Film Recovery Systems in Illinois in 1985. Conviction over-turned on appeal. If you’re interested - journals.library.wustl.edu/lawreview/ar...
The theme of this Reprint Day is "Whimsical Court Reform."
Article here: digitalcommons.law.byu.edu/lawreview/vo...
Article here: digitalcommons.law.byu.edu/lawreview/vo...
December 2, 2025 at 7:35 PM
The theme of this Reprint Day is "Whimsical Court Reform."
Article here: digitalcommons.law.byu.edu/lawreview/vo...
Article here: digitalcommons.law.byu.edu/lawreview/vo...
@omrimarian.bsky.social wrote a really provocative journal article proposing different ways to tax data. Time for politicians to read it I guess!
digitalcommons.law.byu.edu/lawreview/vo...
digitalcommons.law.byu.edu/lawreview/vo...
Taxing Data
The Article offers a new theory of tax on data collection and transmission as a primary source of government revenue. This tax does not depend on the monetary value of data. This "data tax" can supple...
digitalcommons.law.byu.edu
November 26, 2025 at 10:08 PM
@omrimarian.bsky.social wrote a really provocative journal article proposing different ways to tax data. Time for politicians to read it I guess!
digitalcommons.law.byu.edu/lawreview/vo...
digitalcommons.law.byu.edu/lawreview/vo...
Published last month in the Santa Clara Law Review: digitalcommons.law.scu.edu/lawreview/vo...
digitalcommons.law.scu.edu
November 21, 2025 at 8:59 PM
Published last month in the Santa Clara Law Review: digitalcommons.law.scu.edu/lawreview/vo...
Published last month in the Santa Clara Law Review: digitalcommons.law.scu.edu/lawreview/vo...
SOUTH TO JUSTICE: USING INTERNATIONAL LAW TO DEFEND AGAINST U.S. BORDER EXTERNALIZATION POLICIES THROUGH THE EXAMPLE OF FORCIBLY DISAPPEARED MIGRANTS IN MEXICO
The United States is increasingly employing border externalization controls as a primary means of preventing immigrants and asylum seekers from accessing due process and protection on U.S. soil. From ...
digitalcommons.law.scu.edu
November 21, 2025 at 8:57 PM
Published last month in the Santa Clara Law Review: digitalcommons.law.scu.edu/lawreview/vo...
This is the Texas one if anyone is interested. If I were Neflix I might change the title before release, but I'm not in the movie biz.
scholarship.law.tamu.edu/lawreview/vo...
scholarship.law.tamu.edu/lawreview/vo...
The Law and Politics of Firearms Regulation in Reconstruction Texas
In District of Columbia v. Heller, Justice Scalia instructed that the historical understanding of the right to keep and bear arms should inform our present day understanding of the Second Amendment. T...
scholarship.law.tamu.edu
November 21, 2025 at 7:04 PM
This is the Texas one if anyone is interested. If I were Neflix I might change the title before release, but I'm not in the movie biz.
scholarship.law.tamu.edu/lawreview/vo...
scholarship.law.tamu.edu/lawreview/vo...
The Syracuse Law Review team is selling copies of Volume 76, featuring a dedicated book on advocacy and litigation, exploring pedagogy, practice, and doctrine. Reserve your copy today! commerce.cashnet.com/lawreview
November 12, 2025 at 7:12 PM
The Syracuse Law Review team is selling copies of Volume 76, featuring a dedicated book on advocacy and litigation, exploring pedagogy, practice, and doctrine. Reserve your copy today! commerce.cashnet.com/lawreview
Law Editors: Want top-tier submissions? Communicate your niche clearly!
What sets your journal apart from the rest?
#LawReview
What sets your journal apart from the rest?
#LawReview
November 10, 2025 at 3:51 PM
Law Editors: Want top-tier submissions? Communicate your niche clearly!
What sets your journal apart from the rest?
#LawReview
What sets your journal apart from the rest?
#LawReview
It’s here! My first solo published article is available online and in print. This article is the origin of my research on enforced disappearances of migrants that I began 3.5 years ago. Its relevance has only grown in importance. I hope you’ll take a look: digitalcommons.law.scu.edu/lawreview/vo...
October 18, 2025 at 7:16 PM
It’s here! My first solo published article is available online and in print. This article is the origin of my research on enforced disappearances of migrants that I began 3.5 years ago. Its relevance has only grown in importance. I hope you’ll take a look: digitalcommons.law.scu.edu/lawreview/vo...
When I started this research over 3.5 years ago, I had no idea it would lead to general allegations by the UN WGEID, joint allegations by multiple UN human rights experts, amicus briefing at the Mexican Supreme Court…. digitalcommons.law.scu.edu/lawreview/vo...
SOUTH TO JUSTICE: USING INTERNATIONAL LAW TO DEFEND AGAINST U.S. BORDER EXTERNALIZATION POLICIES THROUGH THE EXAMPLE OF FORCIBLY DISAPPEARED MIGRANTS IN MEXICO
The United States is increasingly employing border externalization controls as a primary means of preventing immigrants and asylum seekers from accessing due process and protection on U.S. soil. From ...
digitalcommons.law.scu.edu
October 7, 2025 at 12:34 AM
When I started this research over 3.5 years ago, I had no idea it would lead to general allegations by the UN WGEID, joint allegations by multiple UN human rights experts, amicus briefing at the Mexican Supreme Court…. digitalcommons.law.scu.edu/lawreview/vo...
Some lunch-break news: The article I started writing over 3.5 years ago and that was accepted for publication in early 2024 has finally been published! It’s produced so many successful advocacy opportunities, and is one of my proudest achievements: digitalcommons.law.scu.edu/lawreview/vo...
SOUTH TO JUSTICE: USING INTERNATIONAL LAW TO DEFEND AGAINST U.S. BORDER EXTERNALIZATION POLICIES THROUGH THE EXAMPLE OF FORCIBLY DISAPPEARED MIGRANTS IN MEXICO
The United States is increasingly employing border externalization controls as a primary means of preventing immigrants and asylum seekers from accessing due process and protection on U.S. soil. From ...
digitalcommons.law.scu.edu
October 6, 2025 at 7:13 PM
Some lunch-break news: The article I started writing over 3.5 years ago and that was accepted for publication in early 2024 has finally been published! It’s produced so many successful advocacy opportunities, and is one of my proudest achievements: digitalcommons.law.scu.edu/lawreview/vo...
I mean we're trying... publications.lawschool.cornell.edu/lawreview/20...
Birthright Citizenship and the Dunning School of Unoriginal Meanings – Cornell Law Review
publications.lawschool.cornell.edu
October 5, 2025 at 3:45 PM
I mean we're trying... publications.lawschool.cornell.edu/lawreview/20...