Worthwhile conversation between @beaubaumann.bsky.social and Chad Squitieri. podcasts.apple.com/us/podcast/t...
Yale Law PhD candidate. Admin law/legislation/separation of powers/immigration
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Worthwhile conversation between @beaubaumann.bsky.social and Chad Squitieri. podcasts.apple.com/us/podcast/t...
Still a very, very serious doctrine, not a joke at all 🙂↕️
New pod w/ Chad Squitieri! I talk about my job talk! Give it a listen!
While I think there are bigger fish to fry when people suggest that the whiiiiiiite man is an endangered species at Yale (lol no), I take personal umbrage at these race baiters’ failure to notice the goofy white boy in the (dare I say rather put together) vintage outfits.
What a bonanza for collateral review
New pod w/ Chad Squitieri! I talk about my job talk! Give it a listen!
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(2) This was an extremely important mode of extra-constitutional governing authority that bound together a fractured, localist society. Although political will was baked in, it was mediated through institutions (the parties) that had broad constituencies.
(1) One tight rope that you have to walk in 19 ca lit is (1) saying that the patronage system couldn't work today and was synonymous with corruptions without (2) suggesting that the system didn't have an extremely important role to play in its own day.
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Truly the Paul Rudd of the legal academy :>
I think we would all be better off if they were read through the LPE frame with Novak in hand, since he often shows how much ground was laid before LR came on the scene.
Such weird shadowboxing with ghosts that never even existed. I think our collective preoccupations with the legal realists have been more problematic than helpful.
(also legal realists, insofar as there is some singular theory they all somehow developed, didn't say that indeterminacy means you can do whatever you want or that legal interpretation amounts to whims)
Bingo
I don’t know who this is directed towards. The legal realists were dead before I was born. We live in an era in which constitutional veneration is at its zenith. Centrists news publications are deeply enraptured with the document and its sacraments.
For today's "One First," I wrote about Friday's circuit-court rulings in the tariffs and Venezuelan TPS cases, and the procedural reasons why they're likely to be just the first of a slew of cases about the *merits* of Trump policies that #SCOTUS will have to address during the October 2025 Term:
Good! 👍🏻
SWAG FOR DAYS
This a real drag because there’s a time honored tradition of being assigned The Great Gatsby and having to pretend it’s a chore.
It’s a thing apparently. Standardized tests rely on shorter reading comprehension sections. This gives teachers an incentive to teach to those tests. As a result, they are never assigned anything longer than a few paras. They don’t read books because there is not incentive.
I want to live long enough to see the influence of Apartheid South Africa on US politics die off.
I was going to type a response but the reasons Americans don’t do this are numerous enough and of such longstanding it felt kind of silly. But a more recent one: aren’t we like 4 months removed from the cycle of stories about how standardized tests have produced a new gen that doesn’t read?
Why should the guy who beat out two kids and a horse get a leg up over somebody from a school with 2,000 students? That is crazy.
That would be absolutely nuts. I’m from Copper Canyon, Tx. Do you think there might be a difference getting a 4.0 there and Austin?
Touché!
*resources
Wait, doesn’t Daisy Edgar-Jones work for NOAA and you find out the tick tockers are actually using social media to funnel sources to vulnerable communities?
The bad guys are literally neoliberal shills exploiting homeland America
Isn’t this sort of Twisters (the new one)? Plucky weather phds with an authentic tie to a rural community working to manage socialized risk?
Didn’t post this one earlier this week b/c of whatever was happening to my lapel, but it had promise!!
If Dershowitz gets Sullivan overruled, we’re in a spot where it’s so bleak all you can do is laugh.
Someone in my family kind of opted out of following the news this time, and it’s greatest virtue is that they have not been berated with images of force and dominance. They are pretty immune to these people’s illusion of unalterable power.
Not making a relative claim, not framing this as a relative claim, just think the guy sucks (apart from his shopping at J Press that is).
Watching the original Bewitched and it’s fascinating. I’ve never seen a show that’s so set on subverting an era’s social mores, but not challenging them. The husband is the worst, the plots revolve around him being the worst, but he always comes out as the good guy.
I think this video really encapsulates the critical crisis in authority that’s behind a lot that ails us. But I don’t think anyone can resurrect the old gods either.
A very Hamburgian standard of success in legal history!
Your standard can’t be “do bad laws get enacted”. You crank down on that metric too hard, the costs are enormous
Probably will once I have a job. I feel like you have to affect the bit of “serious law man” is the only reason I don’t pump it more.
eBay store. Sell vintage menswear with an eye towards trad/ivy. Swimming in it in CT and helps me make a little cheddar for the kiddo.
I run a vintage menswear store on the side. It’s becomes more striking just how far we’ve fallen when you see the mid century sporty brands like Horace Patridge. Natural materials are a missing grace in the world.
Legislatures in your system have fewer in-built veto gates. We corrected for that problem but kept the tyrannaphobia around legislative politics. Some times belt and suspenders is bad.
Equal parts caucacity and neurodivergence! We have a many charms for those with discernment lol
You’re right. We have to remember the important roll courts played in policing Hitler and saving Weimar. 😜
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Super interesting signifiers of these interwoven Protestant and secular humanist strains that have been confederates since before I was born. My own “society” is much more in that secular humanist strain.
Love this :) I think two big signifiers of the differing traditions in UU is whether a given community calls themselves a “church” or a “society,” and then the comfort level with “God talk.”
The most hopeful reading of the MQD was that it depended on context and regulatory format. The majority just kind of envisions an all encompassing MQD that would be the bane of Congress and progressives.
Yeah, basically MQD gets applied and the the majority just kind of hand waives all the reasons why it shouldn’t apply: foreign affairs context, direct presidential delegation, pretty open ended statutory text. Really bad if you have other values besides schadenfreude.
So the new tariff decision’s MQD section is pretty yikes 😬
What is the salient admin issue unguided by a text to fight over?
Need to get the pants tailored, but work in progress trying to get my arms around some vintage spectators.
Makes you think of the Holmesian bad man (which lacked any theory of how judges think, and instead focused on the target of legal sanction).
This thread has a lot of diverging and important convos. Worth reading through.
Bingo
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I prefer for all public officials to do good things. The institutional question is whether empowering the President or Congress is more likely to lead to good things, and I think the answer is clearly Congress.
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I think more con law has to start from the premise that the one time Congress has (sort of) rolled both both other branches (Reconstruction), it was one of the most promising if ill-fated steps towards multi-racial democracy in our history, not unbridled despotism.
Gotta be real that there’s not a realistic prospect of a tyrannical Congress in my lifetime or my son’s. Presidentialism and juristocracy are the clear and present dangers.
The dangers of legislatures in general has to be separated from the dangers of *Congress,* which has limited capacity for tyranny and (imho) has easily out performed the other branches on states craft and rights protection. See, eg, Bowie & Renan.
Seconded. Really think appeals to the old gods are not going to get you through this one.
Seconded!
*expertise-based authority
Kind of completely disagree. There was a podcast recently with admin people where they kept saying “expertise.” The rhetoric around the framed alternative is super bound up in a model of expertise authority that was dying before I was born. RoL not enough. Need new cement
Need to get the pants tailored, but work in progress trying to get my arms around some vintage spectators.
Can you say more about “inherently politically unstable”? Because there’s runs of stability. You just mean it’s bound up in periodized contestation governed (in the law, in part) by appeals to the past. Right? So you can never escape “the last war” which is always asserting itself on the present?
I’ll just add, this is true and a major impediment to writing interesting things. When I had writers block on the job talk paper, it was usually rooted in the fact that this area is a testament to the court’s limitations as a serious source of governing authority.
On my friend Chad’s comments RE: the Fed. too much focused on technical observance of SCOTUS. Too little on ambiguous meaning of for cause. Q isn’t just observance of court rulings, also centrally about whether DT is doing violence to statutory law.
Seconded. Pretext is maybe the most interesting question because it’s not neatly encompassed in the cause/no cause discourse. But practically DOA b/c SCOTUS
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You thought SCOTUS was going to push back?
This show is an embarrassment of riches, but I really enjoy the cyborg who works for WY. Rich performance and a great character so far.
A comparative analysis is always going to run into the unique role of the sheer # overlapping vetoes in the American system, as well as the role of two modes of governing authority, presidentialism and juristocracy, that find echoes abroad, but which unusually combine in modern American government.
(Fin) Anyway, just fun to learn about yourself in this process. I think if I really *had* to put myself in a box, I probably wouldn't be trying to join the academy. That's just not my thing. Kind of like if I *had* to pick a cosmology associated with a single faith tradition.
(5) If I make an appeal to legal authority, it's grounded internally in whatever hat I'm wearing. I don't come at this as an outside critic of whatever tradition is being invoked. So the job talk switches between "history and tradition" and "Memory and authority" liberally.
(4) Sitting down to draft this little statement made me think about how this connects to my work. And it's like DUHHHHHHHH. Even though I write broadly at the intersection of admin, legislation, and con law, I've scrupously avoided committing to originalism, textualism, purposivism, really any ism.
(3) So if you go to a UU service, it's might be about the Khuran one weekend and then Sikhism the next. This is a faith tradition for people for whom committing to a single cosmology is *not* the most interesting thing about religion.
(2) This is not really something I had thought about. I'm a Unitarian Universalist ("UU"). This is a teany tiny faith tradition born in the mid-20th century. It doesn't have a single creed or holy text. It's more about an ecclectic embrace of humanism, social justice, and equality.
(1) So I'm on the market and there's this thing where a lot of the schools embedded in a faith tradition ask you to fill out a statement on how your own faith has influenced you and your approach to teaching. Or something like that, they can be framed different ways.
This is the correct take about the US in late summer, early fall 2025:
Definitely. I just mean the meta conversation of feasibility in what Mayhew called “the chattering classes” that is both incredibly annoying and very distracting.
Also, it can actually be really nice to have a vehicle for articulating popular policies when you’re out of power. They can’t get you as much on feasibility because it’s baked into the entire genre.
The gun that was used to kill Emmett Till goes on display today in Mississippi. Wright Thompson on how it got there—and why it’s a rebuke of attempts to erase history:
Well said!
Do you have kids?
I mean, the period that seems comparable is the civil war. The bloodshed it took to rebind the country gives me incredible pause when abstracted to the present.
Wow, now *that* is a disposition I cannot contemplate
Who “lost” the “Constitution in Exile”?
Well you could imagine that there are personalities out there that will need it to be over to find the resolve to build something new. You can’t fight the last war because you lost it. I mean, that’s sort of the story of the conservative legal movement if you squint.
The last two months, I’ve seen a noticeable rise in interactions with thinkers who just think it’s a sunk project. Suddenly, folks will assert this either publicly or in everyday convo.
When I first came upon the ideas that “that past is always working itself on the present” and “the further you go down a path, the more it limits your options” I didn’t not realize how depressing they could be.
Second time today I see a post that brings to mind Thurmond Arnold “The Symbols of Government”
Just for my own education (I’ve heard people say this before but don’t fully understand), is that a descriptive claim about where she personally spent time, where she had staff, or the target of campaign expenditures? Totally curious. Don’t know the answer.
But separately might have made it worse with a bad campaign? Was it 60 minutes where they asked her what she would have done differently than Biden?
I think the term is meant to refer to withholding revenues to the federal government on the theory that red states are the “takers” from a revenue/expenditures perspective.
Has anybody seen online people talking about “soft secession.” I guess the idea is that blue states just stop forking over resources? I feel like that’s a fast track to occupation.
Starting to think he’s read my job talk and is trying to give me a boost.
