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US Global Insanity, Preceded by Some Thoughts About Some Irish Icons

3 days ago | dorfonlaw.org | Neil H. Buchanan

In my Dorf on Law column earlier this week announcing my very recent move to Ireland, I wrote: "Settling in will of course take some more time, but I wanted to get back to my writing as soon as possible." I concede, however, that I am in a bit of a honeymoon period. Any ability to write my usual steely-eyed analyses of the world's horrors is thus a bit undercut by a personal sense of calm and optimism.
The Shift Toward non-US Universities is Upon Us. (Oh, and I'm now in Ireland)

6 days ago | dorfonlaw.org | Neil H. Buchanan

I took last week off from posting content here on Dorf on Law. Why? Because I have accepted an appointment as Visiting Full Professor at the Sutherland School of Law at University College Dublin (UCD) in Ireland, where I was a Sutherland Fellow this past October. A week ago, I left Toronto and moved to Dublin. Settling in will of course take some more time, but I wanted to get back to my writing as soon as possible.
Choosing Among Constitutional Crises: Martial Law or the Debt Ceiling

2 weeks ago | dorfonlaw.org | Neil H. Buchanan

Paul Krugman's daily substack post this morning ended with this: "If you’re a Democrat who wants to ignore the ongoing assault on democracy so we can talk about Medicaid — important as it is — you’re hiding your head in the sand. This is the moment.
The Nonsensical "Better Safe Than Sorry" Excuse to Slash Government Services and Public Investment

2 weeks ago | dorfonlaw.org | Neil H. Buchanan

One unanticipated blessing of being a policy nerd is that it is allowing me to turn my attention away from the ongoing rise of American fascism, at least for small amounts of time. Today, therefore, I will not address Trump's militaristic display of dictatorial intent in Los Angeles, leaving that topic to other Dorf on Law columnists (with one such column scheduled for tomorrow, and perhaps others yet to be written).
The Opposition Must Be Internal and External

3 weeks ago | dorfonlaw.org | Neil H. Buchanan

If the current era of increasingly unalloyed fascism in the US and rising authoritarianism in too many places around the world is ever going to end and be replaced by an era of democratic and humanistic renewal, it will take years of work by everyone who wants to see a better world than the dystopia that the US and some other countries are becoming.
Does Federal Civil Rights Law Forbid Race-Based and Sex-Based Affirmative Action by the Harvard Law Review?

3 weeks ago | dorfonlaw.org | Michael C. Dorf

The NY Times recently reported that the Justice Department is using a "cooperating witness" in its investigation of the Harvard Law Review (HLR) for alleged discrimination against white men. The Times article's primary focus is on the unusual circumstance that the cooperating witness--who was a HLR staffer until his graduation last week--is also now employed by the government and working for White House deputy chief of staff Stephen Miller.
The US Brain Drain and the World: Lose-Win Will Be a Net Loss

3 weeks ago | dorfonlaw.org | Neil H. Buchanan

There have recently been increasing reports about the migration of intellectuals out of the United States, along with a parallel decrease in foreign scholars moving to the US.
Resist Schadenfreude to Make Common Cause with the Federalist Society

3 weeks ago | dorfonlaw.org | Michael C. Dorf

Here's a recent social media post from President Trump:As the foregoing rant makes clear, the occasion for Trump's turn against Leonard Leo, some of the judges Trump appointed in his first term, and the Federalist Society was the fact that some of those people believe that the International Emergency Economic Powers Act (IEEPA) does not grant the president the authority to impose the sweeping tariffs Trump imposed.
Is It Time to Become a Deficit Scold?

1 month ago | dorfonlaw.org | Neil H. Buchanan

Congressional Republicans are in the middle of negotiating and (possibly) passing an absolutely disastrous and cruel budget bill, with the only question being how many people it will impoverish, harm, and kill if it passes. One thing we do know is that any eventual bill will also result in larger annual budget deficits and thus a larger overall federal debt, which is what Republicans do when they are in power.
Justices Alito and Thomas are Problematic Champions of Student Free Speech

1 month ago | dorfonlaw.org | Michael C. Dorf

L. M. was a 7th-grade student in a Massachusetts public middle school. He wore a t-shirt to school with the message "There Are Only Two Genders" in evident protest of the school's lessons and activities promoting gender identity diversity and inclusivity. He was told by school authorities that he could not wear that shirt. He then donned a shirt that said "There Are CENSORED Genders." The school told him to change from that shirt as well. He did. Then he sued.