“The Constitution of the War on Drugs” by David Pozen

This is the full book posted online! papers.ssrn.com/sol3/papers.cf…

After five years of labor and love, finally, my book is published.
amazon.com/Collective-Act…

Tremendous, defining piece by Lawrence Solum, on outcome reasons and process reasons in constitutional theory - a major advance.
scholarship.law.upenn.edu/penn_law_revie…

New version of this paper now up on SSRN. bit.ly/3PHvudN

NEW ARTICLE, Comments Welcomed. The Arkansas Law Review accepted my article, Partisan Judges. I argue that judges should admit that we have values and political views, but that both sides should look for judges with intellectual humility. I have until Aug. to revise. papers.ssrn.com/sol3/papers.cf…

“My view is that we shouldn't threaten innocent neutrals as a means of influencing the culpable.”

When I wrote this essay about Elijah McClain and the policing of Black nonconformity, I thought about how much my nephew and I love to sing to ourselves and dance down the street, lost in our inner worlds.

I love being a weirdo. I want the world to let my nephew stay weird too.…

New Paper!
The Renaissance of Private Law, forthcoming Northwestern University Law Review with Gideon Parchomovsky & Adi Libson.
What are the advantages of using private law litigation to tackle problems like the opioid pandemic, gun violence or the climate crisis?
papers.ssrn.com/sol3/papers.cf…

In a fascinating guest essay on my blog, Guha Krishnamurthi explains how the incentive to shift potential tort liability may contribute to university administrators' decisions to call the police to clear encampments. dorfonlaw.org/2024/05/univer…

How does Fourth Amendment protection change when property is moved? I recently gave a lecture on that topic at Yale Law School as part of the Doyle-Winter visiting professorship I enjoyed last fall. Check out 'Searching, Seizing, and Moving' below.
vimeo.com/935088325

Solum on Outcome Reasons and Process Reasons in Normative Constitutional Theory (Final Version), lsolum.typepad.com/legaltheory/20…

Are the Supreme Court's affirmative action cases employing an 'antisubordination' theory of the Fourteenth Amendment?

Read Justin Driver in the UChicago Law Review: lawreview.uchicago.edu/sites/default/…

A bit biased here, but this is a fascinating article by my brilliant classmate Alexandra Lahav challenging the traditional understanding of liability for defective products.

repository.law.umich.edu/mlr/vol122/iss…

reason.com/volokh/2024/04…

Some thoughts on presidential 'immunity,' with thanks to William Baude for posting.

Underdevelopment Despite Upzoning SSRN papers.ssrn.com/sol3/papers.cf…
We’ve posted this paper, which finds unused zoned capacity in Charlottesville, VA, a college town with high housing costs. Will additional upzonings lead to more supply or also go unused?

My take on the reaction in some quarters to the oral argument in Trump v. US. lawfaremedia.org/article/catast…

New article: ''Mistakes' in War,' coauthored with Azmat Khan (Azmat Khan, who received the Pulitzer Prize for the 'The Civilian Casualty Files'). Forthcoming in University of Pennsylvania Law Review. Read it here: papers.ssrn.com/sol3/papers.cf…

FWIW Marty seems to have same bottom line as most non-alarmists. It seems unlikely the court adopts an immunity standard that would exclude much of anything in the indictment.

Eyer on Textualism and Progressives, lsolum.typepad.com/legaltheory/20…

Emerson on the Existential Challenge to the Administrative State, lsolum.typepad.com/legaltheory/20…