America is about to learn that the courtroom of the NY Appellate Division, First Department, makes the U.S. Supreme Court look like the unimaginative and faintly tacky fake Greek temple that it is.
The congestion pricing debacle should tell us, for the zillionth time, that NY State is an omnishambles and Albany is not fit to govern NYC. NYC is 45% of the state's population--and if it wanted to starve the state of tax revenues and go It alone, it could. So why doesn't it? 1/
It is, and yet it's not even the most insane part of judicial review in the U.S., where 5 justices can overturn settled law based on politicized interpretations of wholly indeterminate constitutional text with no realistic possibility of any check by the political branches.
NYC pols, as a class, are careerists who value office-holding over accomplishments. Just look at our mayor. The guy is a joke. He has no real agenda other than being mayor. 3/
Simple--because NYC's politicians prefer having Albany to blame over having to shoulder the responsibility and do the work necessary to allow NYC to flourish. 2/
I have had conversations with *many* NYC pols telling them that the city would respond to a mayor who identifies our relationship with NY State as a problem that has to be addressed. None of them want to have that conversation. But ... 4/
@arpitrage
We don't need to leave. We just need NYC pols to stop cooperating until NYC keeps more of its own revenue and is in charge of its own transit, infrastructure, and rules, and NY State renames itself "Greater Schenectady," which is more descriptive.
Let's be clear that the text of section 3 of the 14th Amendment does not say that Congress has to act to remove insurrectionists from the ballot. The Supreme Court *put that requirement there.* That's awful even if the result was, in a sense, necessary. 1/
My new piece for NY Magazine's Intelligencer about the Neri Oxman and Claudine Gay plagiarism scandals, and how they show that we need new rules about plagiarism before plagiarism witch-hunts become a regular feature of our messed-up politics.
@Andrew___Baker
It's an elaborate excuse for not taking away enough free street parking spaces to make real containerization and mechanized collection--like they do in a zillion places--work in NYC.
Today is the publication day for ANTITRUST: PRINCIPLES, CASES, AND MATERIALS, an openly-licensed antitrust textbook I co-authored with my estimable NYU colleague, Daniel Francis (
@DSFrancis1
). It is available for free download, and ... 1/
Hot take: the legal academy isnt going to get over it's incoherent approach to plagiarism as long as the fancy profs keep being lauded for writing fancy textbooks that cost $300 and whose copyright is enforced by massive for profit companies utilizing increasingly invasive edtech
The message Penn, MIT, NYU, Columbia and other American universities are sending is that peaceful protest on a subject that an important segment of our community doesn't want to hear about will be met with cops in riot gear and violence. 1/
I want to put down a marker: Gazan civilians are starving, and that is not an accident. People seem to be mostly indifferent to that fact--I'm not sure why. I am not indifferent. 1/
This, one billion times. The Court has effectively removed the 2/3rds requirement from the text of section 3. Because Congress can repeal by a simple majority any statute barring an insurrectionist.
Sec. 3 states Congress can *remove* a disqualification by a 2/3 vote. But if they have to affirmatively disqualify (by a majority) in the first instance, they can also effectively remove it with a majority. The 2/3 requirement is rendered meaningless.
This is absolutely huge. If unions come to the South, we're going to have a different South--one that is better for everyone but the people at the very top. Not overnight. But soon.
BREAKING: Over 4,000 Volkswagen workers in Tennessee just joined the
@UAW
in a landslide.
They’re the first American workers to win a union at a non-union car company in decades.
This historic victory will change the auto industry, and the future of American labor.
I suspect it will be difficult for university presidents who have had their students and faculty arrested to stay in their jobs. Who at the university is going to want to work with them? Who is even going to want to be seen with them?
My NYU Law and ALI colleague Ricky Revesz, now head of the critical Office of Information and Regulatory affairs, gets that very rare thing--a glowing NYT profile that is actually deserved.
@arpitrage
I mean, I'm kidding(ish) about the last part, but the NYC pols' dynamic of passing off responsibility to the basket-case that is NY State has to end.
I have co-authored two openly-licensed textbooks now. One for (c) w
@JeanneFromer
and one for antitrust with
@DSFrancis1
. Both books are available for free download or as high-quality/very-low-cost print on demand paperbacks. Let me say a few words about the experience. 1/
With grades turned in, exam feedback sent, and graduation over I just want to acknowledge how much fun I had teaching Antitrust this last semester. This is down to the really great students, obviously, but also the amazing casebook work of
@DSFrancis1
and
@CJSprigman
. Thank you!!
@AlecMacGillis
NH has a gross state product of approx. $84B. The city of San Francisco has a "gross city product" of approx. $230B. The San Francisco metro area, twice that.
Maybe it's NH that's over-spending?
So the decision is, in an important sense, 5-4. And again, that is not what section 3 says. The Supreme Court not only took power away from the states (necessary), but also from Congress ... 5/
,
@JeanneFromer
and I are pleased to announce the release of Copyright Law: Cases and Materials v5.0, our freely-licensed copyright textbook, which has been adopted at about 5 dozen law schools (that we know of) so far. You can download it for free at . 1/
.
@JeanneFromer
and I are pleased to announce the release of Copyright Law: Cases and Materials v6.0, our freely-licensed copyright textbook, which has been adopted at over 80 law schools (that we know of) so far. You can download it for free at . 1/
Necessary in the sense we can't run a democracy with states empowered to remove names from the federal ballot more or less willy-nilly. And yet, with this case as with seemingly every decision these days, the judicial branch's power expands. 2/
And perhaps the most insane part of all is that the Constitution itself doesn't give the Court this kind of unreviewable power. They made it up for themselves.
Five of them ruled (with 4 justices saying they would not go this far) that the only way to disqualify a candidate for *any federal office* is for Congress to pass a statute. 4/
"America’s universities are, and long have been, only situationally committed to free speech. Specifically, universities are unable to adhere to their own avowed commitment to student free speech whenever an important part of their community disagrees with the message."
It’s distressing that so many people I respect have taken leave of their senses on Netchoice. This should be an easy case for striking down the TX and FL laws. I’ve thought about the common carrier arguments a lot. They are daft. 1/
@AOC
Agree completely
@AOC
. And I've written on one way of curbing the power of politicized federal judges--using Congress's power to reduce their jurisdiction. See
You can see that in this case b/c, as
@steve_vladeck
noted, the narrow ruling would have been that states can't disqualify presidential candidates under section 3. But the Court's ruling is much broader ... 3/
This is the dumbest thing yet in our current Dumb Age. My kids started taking the subway alone when they were 12. This is common among normal people in NYC. It’s much safer than your SUV.
it keeps happening: conservative snowflakes are deathly afraid of New York City
Meanwhile millions of normal people here just keep going out and about living their lives in one of the safest cities in the country
Currently taking the subway at midnight, feel very safe!
Sen. Tom Cotton: "Have you ever been a member of the Chinese Communist Party?"
TikTok CEO Shou Zi Chew: "Senator, I'm Singaporean. No."
Cotton: "Have you ever been associated or affiliated with the Chinese Communist Party?"
Chew: "No, senator. Again, I'm Singaporean."
There is absolutely no excuse--no argument whatsoever--for starving Gazan civilians. That is a crime, full stop. For which Israel, as the invading and occupying power, is responsible. /end
The fool who temporarily serves as mayor of New York City has sided with suburbanite commuters over New York City’s own citizens and businesses, and is supporting the delay of congestion pricing.
Today
@DSFrancis1
and I are releasing the *2d edition* of our openly-licensed antitrust law textbook, ANTITRUST: PRINCIPLES, CASES, AND MATERIALS, available now for free download or as an high-quality print-on-demand at Amazon (priced at cost, $23.74). 1/
Students are protesting Israeli gov't policy that has resulted in the deaths of 30k+ Gazan civilians. That is obviously relevant. Why doesn't Dana Bash mention it?
Today: Destruction, violence and hate overtake college campuses across the country with Jewish students feeling unsafe at their own schools. It is unacceptable, and harkening back to the 1930s in Europe. Our
@InsidePolitics
show open, here.
So, for example, Congress cannot now bar Trump as an insurrectionist under section 3 by refusing to count his electoral votes. Where is the textual authority for that? /end
Just FYI: I wrote this before the allegations re Oxman came out. Then revised it b/c the Oxman allegations are further evidence of the politicization of plagiarism allegations. Not because I wanted to defend anyone, including Oxman, in particular.
This episode is more than faintly ridiculous. When I was offered a clerkship, my uncle, a WWII combat vet who I adored, heard me out on what I was going to spend a year doing after law school, and then put his arm around me and said "don't worry buddy, you're going to get a job."
Thirteen federal judges say that absent major changes at Columbia, they won't hire anyone who chooses to go there (undergrad or law school) following this year.
Agreed. And I'm torn between "they don't realize the damages this does to the Supreme Court's integrity and standing" or "they realize it and don't care."
The fast pace of disqualification coupled with the slow pace of immunity is deliberate, political, and GOP friendly. That’s your Supreme Court (non-court).
@UJAfedNY
@GovKathyHochul
Really terrific job platforming our governor's apparent belief that Palestinians are the only people on earth with no right to defend themselves.
.
@brianlfrye
's take on plagiarism is more radical than mine ... but he's right that a share of what gets labeled "plagiarism" is the uncredited repetition of literary/academic dross and not worth the energy we put into getting upset about it.
@YudelkaTapia
@GovKathyHochul
Thanks for stabbing your own constituents (who overwhelmingly ride transit) in the back. I just hope they have the sense to throw you out of office.
💥Protesters block trucks carrying humanitarian aid into Gaza at the Tarqumya crossing, vandalizing & pillaging their contents. No mounted police. No batons. No water cannon. Security personnel were present and declined to intervene.
(Neta Hamami Tabib)
A lot of people in my life who I otherwise respect are illustrating a great truth right now about free speech. People are for it up to the point they hear a message they don’t like.
Columbia Law School's David Pozen offers a measured critique of the actions of the Columbia Univ. president and administration. Worth your time to read.
New: Source says the legislature is expected vote on a bill as soon as tonight that would commit $1B in state funding for the MTA.
Legislature and gov are working towards a deal.
Money would come from general fund/bonded out - still unclear.
Back from Italy. I'll quickly sum up what I learned. Fast trains and slow food are good. Cars at any speed and fast food are bad. Thank you for your attention.
1) Impeach and remove Hochul. 2) Restart congestion pricing. 3) Begin movement to take back NYC's power--and our tax dollars--from grasping, extractive, pathetic, brain-dead NY State.
We're living through a moment of incredible conflict and anxiety. Let me try to calm things by reporting that I listened to entire new TSwift album for third time today. The experience was, to me, an aural Bataan Death March, only blander and cringier (though with fewer murders).
Tentative Draft 4 approved in full. The Reporters thank all the commenters, advisors, liaisons, and ALI Members for the help they provided in making our work better!
Nearly 300 bodies found in mass grave outside Gaza's Nasser hospital, according to civil defence workers. Some found with hands and feet tied - "there were signs of field executions".
This could end very very badly, and history will judge people who were silent, or, worse, who tried to justify the unjustifiable. Civilians in Gaza deserve to live as much as anyone else. 2/
My feelings re Claudine Gay episode are complicated. On one hand, she was in charge of enforcing academic rules, including plagiarism rules, on students, and so had to be beyond reproach. On other hand, the rules can be very silly. I wrote about that. 1/
Also daft is throwing your lot in with right-wing anti-free-speech zealots bc you think that you’re gonna get sensible social media regulation out of it. That is almost Weimar-level naivete. Which we cannot afford. /end
Terrific and worth your time to read. The problem isn't just politicized judicial review. The problem is judicial review (at least our extremist American version). James Bradley Thayer, we need you.
I have a post on
@dorfonlaw
today on the “crisis” in teaching conlaw. Short version: the Roberts Court is the direct descendant of the Warren Court.
Conlaw teaching has always been problematic. The difference is the results. 1/x
@chayesmatthew
I agree with several of the suggestions here (not all of them). Home rules is a big one. NYC should be free to require NYPD to live in NYC. If more cops lived where they worked, maybe they'd be more respectful of the people they police. And ...
Before marching into Gaza, an Israeli settler from New York explained to me that that she wants to live on the beach in Gaza after the Palestinians are cleaned out.
"We have lists already of about 500 families that are willing, on the drop of a hat to move to Gaza...People are
Carl Heastie is determined to take Dems down with clueless Kathy Hochul. Congestion pricing is law. She can't just cancel it by posting a video. NY Assembly and Senate Dems need to kill any effort to clean up Hochul's mess. And the MTA board needs to get on with implementation.
Assembly Speaker Carl Heastie says the current talks are about whether to figure out the MTA $$ situation now, before the end of the year, or in January.
“The plan is to be here late into tonight,” he said.