A broad range of views on democracy to help break the stalemate caused by partisan conflict.

Fellow blogger Justin Levitt wrote an excellent piece in 2024 about the scourge of “electoral-process porn.” Variations of these stories crop up with varying degrees of interest, then dissipate when t...

Over the last several weeks, there have been Supreme Court election orders that ultimately affect the rules governing the 2026 election, including the Court’s most recent decision in Allen III, revers...

An FBI raid on a Georgia elections facility has sparked concern about Trump administration interference in the 2026 midterms. An obscure 1970s Supreme Court case provides guardrails against that.

A broad range of views on democracy to help break the stalemate caused by partisan conflict.

An occasional look at the topics affecting legal education and the legal profession, with an emphasis on data analysis, strategic objectives, and the bigger picture. Click to read Law School Docket, b...

July 3, 2025 update: The final enacted law caps professional loans in any one year at $50,000 and $200,000 in the aggregate. For three-year law students, this is effectively a $150,000 cap, so the ana...

I write in my individual capacity to express my opposition to the Proposal to amend Standards 303, 304, and 311.   I.       The Council has a formal position agains...

Consolidating cases allows a clear, expedited path to Supreme Court review, helping quickly address matters involving executive orders.

As a former Iowa resident who saw the 6-vote margin of decision in Iowa’s Second Congressional District in 2020, I saw that the state’s recount laws could use a face lift. In 2025, the Iowa legislatur...

While a great deal has been written about the recent pressure the second Trump administration has brought to bear on some of the largest law firms in the United State, I want to focus for a minute on the pro bono financial commitments. I do not intend to write about the strategy of negotiation here,

Whenever the USNWR law school rankings are released, there are typical cries of “how did X school move to Y?” This usually reflects a kind of mental benchmark—schools X ought to be at not-Y but en...

Back in 2022, I mused as Yale and Harvard launched a “boycott” of the USNWR rankings that it was not clear what their “endgame” was. As I wrote then: Whether it’s Ralph Waldo Emerson or The Wire...

The conversation about “nationwide injunctions” has been about, well, nationwide injunctions, often targeting presidential action. But back in 2024, Professor Sam Bray rightly notes that the same conc...

Donald Trump recently told NBC News’s Kristen Welker that is “not joking” about seeking a third term, followed by this exchange: NBC News asked about a possible scenario in which Vice President JD Van...

Launched a Substack. For now, it’s going to cross-post some things from my long-running blog, Excess of Democracy, with a focus on some of the bigger pieces on legal education. Here’s the first post. ...

The law of politics and the politics of law

That’s the headline over at the Florida Supreme Court’s website. From the press release: To be admitted to the Florida Bar and gain the privilege of practicing law in this state, applicants must pa...

Ahead of the new USNWR rankings release, USNWR just released this detail : Outcomes are critical when considering an advanced degree. That is why three brand new law school rankings that compar...

I have previously highlighted the fact that law schools have wide variance in how they handle academic dismissals of first-year law students and how they handle reducing or eliminating scholarships...

A recent announcement by the chair of the Federal Trade Commission with respect to the American Bar Association drew some attention. As announced: Today, Federal Trade Commission Chairman Andrew N...

Rick H. linked to the unpublished per curiam decision in Griffin v. North Carolina State Board of Elections. Three brief thoughts on it. First, last week I noted that the case potentially implicated a...