The allegiance reading has no basis in the historical usage of this language in American law
Some thoughts on a Balkinization post on the birthright citizenship debate
New piece on birthright citizenship in English and American law
Problems ahead for the Trump administration
New "gender ideology" rule has predictable results
A joint statement and a solo analysis of the Compact's problems
My two recent pieces in Chronicle of Higher Education
How to speak a new constitution into being
My new paper on the original meaning of the citizenship clause of the Fourteenth Amendment
My new paper on judicial independence as a constitutional construction.
A bit of cold water on a popular Court "reform" from a justice on the left-wing of the Court
My new paper thinking through the political calculus of independent universities
My new article in the First Amendment Law Review's symposium on campus free speech
My new article on diversity statements in faculty hiring and the First Amendment
An explainer from Brian Galle
A conversation with Eugene Volokh on the First Amendment issues of the Trump administration's actions
An explainer from Cass Sunstein
Can Trump do that, and what would it mean?
A conversation with David Cole
Is the experiment over?
Conversations on campus free speech with Timothy Zick, Jennifer Ruth, and Michael Berube
The podcast relaunches with a conversation with Cary Nelson
Hosted by the Society for the Rule of Law
Check it out live or online
My response to Harvard's Dean Lawrence Bobo
You Can't Teach That! is in fine bookstores now
There is nothing in the Constitution that prevents an inmate from winning the presidency.
There is nothing in the Constitution that prevents an inmate from winning the presidency.
My new article in the print issue of Reason on how things could get weird
This approach to doing so poses serious academic freedom problems
An open letter released today from the AFA, HxA, and FIRE
My new article on the First Amendment and controversial faculty speech
Universities should not be in the political activism business
Only one option will preserve the central mission of the university
University of Southern California appears to ignore its own policy to remove professor from campus over alleged speech
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