danielrice.bsky.social - Profile | ThreadSky | a Reddit-style client for Bluesky

It's interesting how freely the Justices use parentheticals to mischaracterize what an earlier Court said it was doing. (These are both from Alito's Skrmetti opinion.)

submitted 2 hours ago • 1 comment

To find a new protected class, Justice Barrett would require a "legacy" or "longstanding history" of de jure "discrimination." But whether a lengthy history of legal classifications amounts to "discrimination" is a normative judgment made in the present. (1/)

submitted 6 hours ago • 1 comment

Very much agree with this prediction. Not saying it's inevitable, but it's hard to think of a modern case better situated to be viewed retrospectively as another Plessy, Buck v. Bell, etc. Wish the dissenters had gone there! wustllawreview.org/2023/09/25/j...

submitted 1 day ago • 1 comment

Striving to canonize Geduldig is... a choice. My impression is that today's law students—even those who support Dobbs—overwhelmingly find Geduldig's reasoning to be indefensible (whether logically, morally, or both).

submitted 1 day ago • 0 comments

Sometimes you feel like you need to decide a case a certain way because the law requires it even if it harms people. Fine. But writing separately to say how much more you would harm people if you had the votes seems to me something one can and should avoid.

submitted 1 day ago • 2 comments

Excited to share a draft of my most recent work, “The Moral Complacency of Federal Indian law” (forthcoming in the Minnesota Law Review): papers.ssrn.com/sol3/papers....

submitted 2 days ago • 1 comment

Unpacking is more fun when you spent your early 20s collecting autographs.

submitted 11 days ago • 0 comments

Really love being back in North Carolina. The classic Arkansas → North Carolina → DC → North Carolina → Arkansas → North Carolina path!

submitted 13 days ago • 0 comments

/1 Just realized that my latest article with @yalelawjournal.bsky.social just dropped! This is obviously a huge honor. I really appreciate the editors taking a chance on a young, no-name scholar with an idiosyncratic story to tell. www.yalelawjournal.org/article/resu...

submitted 17 days ago • 10 comments

government speech

submitted 21 days ago • 1 comment

Here is my paper on "Tradition and Feminism in Constitutional Rights Adjudication": papers.ssrn.com/sol3/papers....

submitted 23 days ago • 3 comments

submitted 22 days ago • 0 comments

🧵 Exciting to have my new Penn Law Review piece on Ancillary Rights published! Many thanks to lots of people for feedback & criticism, esp. @danielrice.bsky.social for helping organize my thoughts. The piece unpacks how & when rights extend to related conduct-- papers.ssrn.com/sol3/papers....

submitted 23 days ago • 2 comments

This song absolutely rocks!!

submitted 22 days ago • 0 comments

for my AdLaw people

submitted 25 days ago • 2 comments

for my Trademark people

submitted 25 days ago • 0 comments

“The Fed is different” is right up there with “only sec. 3 of the Fourteenth Amendment requires implementing legislation” in statements that really strain the notion that legal plausibility is any sort of constraint on the justices.

submitted 27 days ago • 47 comments

The sheer joy of watching decades-old home movies for the first time. Get your VHS tapes digitized!

submitted 34 days ago • 0 comments

I lol'ed.

submitted 37 days ago • 0 comments

The craziest thing that's happened to me in a long time. Nearly fell through the ceiling while trying to move a heavy rowing machine in the attic. Only a well-placed 2x4 stopped that from happening. (Let's just say I couldn't sit for a couple days.) Grateful not to have been seriously injured!

submitted 38 days ago • 5 comments

New paper from me and @leahlitman.bsky.social, entitled "Legalistic Noncompliance," taking stock of the second Trump administration's emerging practice with respect to judicial orders. It's on the "draft-y" side -- comments welcomed! papers.ssrn.com/sol3/papers....

submitted 45 days ago • 3 comments

Separation of persons

submitted 49 days ago • 2 comments

Realizing that I'll have some colorful titles on my home shelves when we take Zillow pics. "Slave Patrols," "Hitler's American Model," "How to Become a Federal Criminal," "Lust on Trial," "From Slave Abuse to Hate Crime," "Civilizing Torture," "The Chinese Must Go," etc. Should I censor or no?

submitted 49 days ago • 2 comments

Absolutely sickening

submitted 50 days ago • 0 comments

just got my class times, so it feels official official: I'll be an Assistant Professor of Law at Campbell Law School starting this fall! Civ Pro, Fed Cts, and Con Law!!

submitted 50 days ago • 4 comments

Tomorrow's SCOTUS arguments address whether the Constitution allows church-run charter schools and whether states can refuse them. The Court may also answer a vital Indian law question:whether it will use the US's treatment of Natives as "history and tradition" to set constitutional rules elsewhere.

submitted 51 days ago • 4 comments

maximinlaw.wordpress.com/2025/04/26/n...

submitted 53 days ago • 0 comments

New piece in the Maryland Law Review on an under appreciated provision of the Constitution, the Corruption of Blood clause of Art 3 S3. The history of this clause is fascinating and touches on questions of race, disability, eugenics, immigration, sex, and much more...

submitted 56 days ago • 1 comment

Trump & his lawyers rely on the 14th Amendment's treatment of Native people to redefine birthright citizenship. In our Essay coming out in the NYU Law Review Online, Greg Ablavsky & I show how wrong that argument is. papers.ssrn.com/sol3/papers....

submitted 61 days ago • 10 comments

My first post is up! The Constitutional Crisis Americans Forgot: What Trump is doing, has already been done. And not in some foreign country, but right here in the United States. Read and subscribe: open.substack.com/pub/gohini/p...

submitted 62 days ago • 1 comment