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Gaurav Mukherjee

@gauravmkjee.bsky.social
1.6K followers 1.4K following 53 posts

Associate Professor of Law, Syracuse University College of Law | education & housing in constitutions; democratic erosion | gauravmukherjee.com

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Reposted by Gaurav Mukherjee
Sarah Lawsky @sarahlawsky.bsky.social · 26/06/2026
Law school faculty: please consider submitting information about your school's 2026-2027 hiring plan and hiring committee. Requested information, plus link to Google form to submit info, at prawfsblawg.com/hiring-plans... - once I get initial set of info I will make it sortable, filterable, etc.
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Warren Snead @wsnead.bsky.social · 23/06/2026
Why does the modern #SCOTUS seem so prone to counter-majoritarian decisionmaking? In a new @poppublicsphere.bsky.social piece, @kumar.fyi and I argue that the Court's relationship to democratic politics has changed as parties have become more cohesive and competitive. doi.org/10.1017/S153...
Abstract of Perspectives on Politics article "The Countermajoritarian Difficulty Revisited: Theorizing Court-Party Relations in the United States". The article argues that increases in interparty competition and intraparty cohesion has made the Supreme Court increasingly prone to counter-majoritarian decisionmaking.
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Quinn Yeargain @yeargain.bsky.social · 01/12/2025
Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️
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Law and Humanities @law-and-humanities.bsky.social · 05/11/2025
CfP: announcing the 8th L&H Roundtable workshop 'Visions of Democracy in Art and Literature' @tcddublin.bsky.social on 19 Jun 2026. Submit abstracts to Roisin.acostello@tcd.ie by Fri 6 Feb @legalhumanities.bsky.social @sophiedoherty.bsky.social @dkennytcd.bsky.social @drelenacooper.bsky.social 👇
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Kat Macfarlane @katmacfarlane.bsky.social · 05/11/2025
Self-Accommodation, papers.ssrn.com/sol3/papers...., is now published! It's part of a wonderful University of California Health Humanities Press collection, “Legal Determinants of Health: From Incarceration to Accessibility,” edited by Brian Dolan and Juliet McMullin.
papers.ssrn.com
Self-Accommodation
The reasonable accommodation mandate was intended to ensure access for people with disabilities. Yet some people with disabilities who are eligible for and in n
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Reposted by Gaurav Mukherjee
Human Rights Watch @hrw.org · 27/10/2025
Social protection is a human right. In a new report, UN Special Rapporteur on extreme poverty and human rights @deschuttero.bsky.social warns that weakening social protection fuels the rise of far-right populism. Read more:
ohchr.org
Welfare cuts are fuelling far right rise, warns UN expert
NEW YORK – The rolling back of protections for people living in poverty has created fertile ground for far-right movements across the world, warned the Special Rapporteur on extreme poverty and human ...
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Maya Sen @mayasen.bsky.social · 23/10/2025
Pleased to share that the Kennedy School has been authorized to conduct a faculty search in American politics This is as an extraordinary opportunity for us - please share widely with your networks and consider applying academicpositions.harvard.edu/postings/15418
academicpositions.harvard.edu
Professor of Public Policy (American Politics)
Harvard Kennedy School seeks a scholar of the highest distinction to appoint as a professor of public policy, focusing on American politics, elections, and policy. We particularly welcome applications...
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Quinn Yeargain @yeargain.bsky.social · 17/10/2025
I’m pleased that my Georgia Law Review article is now out! I did a content analysis of every state constitutional amendment from 1960 to the present that altered any criminal procedure protection—which revealed how few states even *tried* to ratify the Warren Court’s criminal procedure holdings.
al procedure revolution, and just a few years into the Roberts Court’s full-throated embrace of originalist jurisprudence. Whether many of the protections we have come to know and recognize from the Warren Court—the exclusionary rule, Miranda warnings, and Gideon’s mandate— are subjected to re-evaluation under a “history and tradition”- style analysis and, if so, whether they survive that analysis, remains to be seen. 

At the same time, state courts and constitutions offer the same hope now as they did at the onset of judicial federalism in the 1970s. Attorneys for criminal defendants sought refuge in the states to vindicate their rights, and they rejuvenated state constitutions as independent sources of liberty that can extend beyond the bare minimums of federal protection. However, while these litigants produced changes in case law, those changes were not frequently accompanied by formal constitutional changes. Few state constitutions were amended to include the core criminal procedure requirements, and few changes were even seriously considered.
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Matt Bodie @matthewtbodie.bsky.social · 13/10/2025
Minnesota Law is looking to hire a visiting assistant professor — more details here: hr.myu.umn.edu/psc/hrprd/EM...
hr.myu.umn.edu
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Lawrence Solum @lsolum.bsky.social · 09/10/2025
Please help me get the word out about the new websites for Legal Theory Blog and the Legal Theory Lexicon. Reposting here and on other social media sites is great. It would be especially helpful if law school faculty members could send an email to their colleagues with the new addresses.
legaltheoryblog.com
Legal Theory Blog
Discover our latest articles and updates. Stay informed with recent posts that cover a variety of topics you care about!
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John Q. Barrett @johnqbarrett.bsky.social · 08/10/2025
This is very good—it’s a true service to/must read for U.S. Judges, on their options as they decide cases about the legality of Executive actions.
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Gaurav Mukherjee @gauravmkjee.bsky.social · 15/09/2025
Excited to join a stellar group of scholars at New York Law School on Oct 10 to celebrate Mark Graber’s Punish Treason, Reward Loyalty. Panels w/ Jack Balkin, Sanford Levinson, Rebecca Zietlow, Henry Chambers & more. I’ll speak at 1:30 w/ M. Henry Ishitani & Heinz Klug. RSVP: nyls.edu/rjprsvp
nyls.edu
(Book Event) Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform After the Civil War - New York Law School
Download PDF Invite. DATEFriday, October 10, 2025 TIME9:30 a.m. – 3:30 p.m. ETOptional tour of Tribeca to follow the program. LOCATIONRoom W220New
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Gaurav Mukherjee @gauravmkjee.bsky.social · 08/09/2025
How should we make sense of the dizzying varieties of constitutionalisms? In a new paper, Rosalind Dixon terms this phenomenon 'adjectival constitutionalism' and suggests four modes of operation: as topic, model, mode, and discourse. Link below
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Richard M Re @richardre.bsky.social · 04/09/2025
Officially, this is a chat about enumerated powers. In practice, though, it’s a deep exploration of constitutional method and meaning.
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Andrew Kent @andrewkent.bsky.social · 03/09/2025
In light of the 5th Circuit's important Alien Enemies Act decision, here again is a link to my deep-dive draft paper on what the statute meant in 1798. Updated version coming to SSRN soon. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
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Gaurav Mukherjee @gauravmkjee.bsky.social · 02/09/2025
Thanks for the “recommended” tag, Larry! Excited to share my job-market paper, which uses the recent religious charter school case to show how faith-based entities secure public funds while sidestepping constitutional limits—a phenomenon I term “private disestablishment.”
Abstract for the article 'Private Disestablishment'
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Gaurav Mukherjee @gauravmkjee.bsky.social · 31/08/2025
This is a great read, especially as so many of us are grappling with how to teach constitutional law amid rapid legal and socio-cultural change
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LPE NYC @lpenyc.bsky.social · 22/08/2025
Our end of summer/back-to-school happy hour is next Thursday, Aug 28th (5:30 - 7:30) at Loreley Beer Garden (7 Rivington St). Come meet other NYers interested in LPE !!
A poster with cheersing beer mugs and the LPE NYC logo that say:
Summer Happy Hour
Loreley Beer Garden (7 Rivington St, New York, NY)
Thursday, Aug 28
5:30-7:30pm
Come join us in the outdoor patio for happy hour at this Lower East Side tavern featuring German brews, bratwurst, &schnitzel
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Gaurav Mukherjee @gauravmkjee.bsky.social · 25/08/2025
This is a delight!
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Michael Smith @msmith750.bsky.social · 21/08/2025
My article, "Species of State Constitutional Lockstepping" is forthcoming in the Villanova Law Review! The piece digs into how state courts interpret state constitutions in lockstep with the federal Constitution, and identifies variations on this practice. papers.ssrn.com/sol3/papers....
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Tomer Kenneth @tkenneth.bsky.social · 12/08/2025
Excited to share my new paper, In Defense of Factual Precedents, forthcoming @uchilrev.bsky.social When courts determine general facts - like recidivism rates or historical facts - I argue that they should rely on presumptive factual precedents. papers.ssrn.com/sol3/papers....
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Gaurav Mukherjee @gauravmkjee.bsky.social · 18/08/2025
Thanks for highlighting, Larry! This chapter argues that education law has privileged parental choice & religious freedom while sidelining equality. I argue for re-centering education as a right that secures both liberty & equality—the foundation of democratic citizenship.
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Nicholas Handler @nicholashandler.bsky.social · 13/08/2025
I've posted a draft of my next article, "The Administrative Law of McCarthyism," forthcoming in the Stanford Law Review, on SSRN. Comments and feedback are very welcome! papers.ssrn.com/sol3/papers....
papers.ssrn.com
The Administrative Law of McCarthyism
<p>This Article recovers the largely overlooked legal and administrative history of the federal loyalty-security program, and argues that it played a formative
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Josh Chafetz @joshchafetz.bsky.social · 05/08/2025
The final version of my "Corruption and the Supreme Court" has been published in the Yale Journal of Law & the Humanities, and is available for download here: ssrn.com/abstract=497...
ssrn.com
Corruption and the Supreme Court
Corruption is everywhere at the Supreme Court. The justices routinely rule on what is—and, more frequently, what is not—corrupt. Simultaneously, their off-the-b
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Lawrence Solum @lsolum.bsky.social · 01/08/2025
Coan on Relative Stare Decisis, buff.ly/ifPRht8 - Andrew Coan (University of Arizona, James E. Rogers College of Law) has posted Relative Stare Decisis on SSRN.
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Richard M Re @richardre.bsky.social · 23/07/2025
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers....
papers.ssrn.com
Foreword: To A Conservative Warren Court
Ideological conflict has masked an underlying continuity in the American legal system. In recent years, the Supreme Court -- while obviously subject to fierce c
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Josh Chafetz @joshchafetz.bsky.social · 21/07/2025
I just posted a new paper on @ssrn.bsky.social, titled "The Chadha Presidency". Here's the link, and I'll post the abstract in the next post. papers.ssrn.com/sol3/papers....
papers.ssrn.com
The <i>Chadha </i>Presidency
<p><span>Where is Congress? Why hasn’t it reined in some of the worst abuses of the Trump Administration? This Article argues that a significant part of the ans
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Verfassungsblog @verfassungsblog.de · 03/07/2025
... by GAURAV MUKHERJEE (@gauravmkjee.bsky.social) on the Right to Education and by Tom Gerald Daly (@democracytalk.bsky.social) on Scholarship!
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Verfassungsblog @verfassungsblog.de · 03/07/2025
Publication day! 💫 Our Verfassungsbook “Indian Constitutionalism at Crossroads: 2014-2024”, edited by ANMOL JAIN (@anmoljain-law.bsky.social) and TANJA HERKLOTZ (@tanjaherklotz.bsky.social) is now available in print and online! 📚 Check it out now! verfassungsblog.de/books/
Cover of the Verfassungsbook "Indian Constitutionalism at Crossroads: 2014-2024".
The Cover is based an map created by Arun Ganesh.
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Nick Pearce @iprnickp.bsky.social · 07/06/2025
New piece on the UK welfare state by me & @gavin-kelly.bsky.social for a special edition of @oxrepjournal.bsky.social We examine the economic, political & demographic forces reshaping our welfare state. academic.oup.com/oxrep/articl...
academic.oup.com
The recent history and future prospects of the UK welfare state
Abstract. This article examines how the UK welfare state was significantly retrenched, reshaped, and selectively expanded in the era of austerity and Covid
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Gaurav Mukherjee @gauravmkjee.bsky.social · 23/05/2025
Erwin Chemerinsky on a little-noticed provision in the proposed spending bill that would restrict the authority of federal courts to hold government officials in contempt when they violate court orders www.justsecurity.org/113529/terri...
justsecurity.org
A Terrible Idea
Dean Chemerinsky discusses the reconciliation bill’s provision that would restrict federal courts’ authority to hold government officials in contempt for violating court orders
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Gaurav Mukherjee @gauravmkjee.bsky.social · 22/05/2025
An equally divided Supreme Court keeps in place the Oklahoma Supreme Court decision blocking the establishment of the nation's first religious charter school. A significant victory for the separation of church and state!
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Dan Farbman @danfarbman.bsky.social · 19/05/2025
Wrote this thing in which I look backwards to the 1850s to try to explain why the very worst stuff that's happening should make us outraged, but also that outrage and optimism are closer cousins than you might expect.
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Chris Morten @cmorten.bsky.social · 19/05/2025
Come work with me! @nyulaw.bsky.social is hiring a clinical teaching fellow!
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UK Constitutional Law Association @ukcla.bsky.social · 06/05/2025
Crash Wigley: For Women Scotland: A Case of Significant Silences ukconstitutionallaw.org/2025/05/06/c...
ukconstitutionallaw.org
Crash Wigley: For Women Scotland: A Case of Significant Silences
For Women Scotland v Scottish Ministers [2025] UKSC 16 is a judgment that has triggered great public discussion about the position of trans people in Great Britain (for an interesting discussion of…
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Leah Litman @leahlitman.bsky.social · 14/05/2025
A great piece by Rick Hasen @rickhasen.bsky.social about how SCOTUS enabled/emboldened the lower courts assault on voting rights, the Voting Rights Act, and the enforcement of civil rights laws: slate.com/news-and-pol...
slate.com
Two Supreme Court Justices Invited an All-Out Assault on the Voting Rights Act. Now It’s Here.
One hopes that a Supreme Court majority would reject this attempt to shut down the Voting Rights Act.
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Alan Renwick @alanrenwick.bsky.social · 15/05/2025
Coming up this afternoon - join us online for what looks set to be a great discussion!
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Gali Racabi @gracabi.bsky.social · 14/05/2025
📢 CFP: Columbia–Cornell Jr Scholars Workshop on the Political Economy of Work 🗽 Dec 5–6, 2025 in NYC! Open to early-career scholars in law, soc, econ, poli sci, history. Submit 1p abstract by Sept 15 ✅ Feedback + mentoring ✅ Travel/lodging support (if needed) 🔗 forms.gle/vDkCHyenE5yQ...
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Rick Pildes @rickpildes.bsky.social · 12/05/2025
This is one of the best tributes to Justice Souter I've read, in part because it quotes at length from Justice Souter's own account of the processes of judging.
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Gaurav Mukherjee @gauravmkjee.bsky.social · 05/05/2025
The New Homelessness is now out in print. Thanks to the hardworking editors at @califlrev.bsky.social and everyone who commented on previous drafts!
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Gaurav Mukherjee @gauravmkjee.bsky.social · 30/04/2025
Keeping a keen eye out for this!
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LPE Blog @lpeblog.bsky.social · 30/04/2025
Gaurav Mukherjee on the stakes of today's argument: "This case reflects the culmination of 'private disestablishment'— a legal phenomenon where entities that operate at the blurred boundary between public and private recast themselves as entirely private actors while performing public functions."
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David Schleicher @profschleich.bsky.social · 29/04/2025
10/10. No notes.
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Gaurav Mukherjee @gauravmkjee.bsky.social · 30/04/2025
With SCOTUS hearing arguments tomorrow in the St. Isidore case on the constitutionality of religious charter schools, re-plugging my earlier @lpeblog.bsky.social piece on the stakes in the case. Longer article: papers.ssrn.com/sol3/papers.... lpeproject.org/blog/america...
lpeproject.org
America’s First Religious Public School?
This past Friday, the Supreme Court granted cert in a case that concerns the first religious charter school in the United States. But this case is not merely about school choice or religious freedom…
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Gaurav Mukherjee @gauravmkjee.bsky.social · 08/04/2025
Sharp new piece on viewing the Marine Le Pen disqualification case through the lens of militant democracy by @eleonorabottini.bsky.social & Camille Aynès verfassungsblog.de/marine-le-pe...
verfassungsblog.de
Enforcing the Law of Democracy
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Mattia Pinto @mattia800.bsky.social · 27/03/2025
Help me share this opportunity! The Sam Pegram Scholarship covers tuition, accommodation, travel & visa costs, and a living stipend for 1 international student to pursue the LLM in International Human Rights Law and Practice at the University of York. Please visit: www.york.ac.uk/law/study/fu...
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Rachel Lopez @rlopez.bsky.social · 11/03/2025
It’s hard to describe what it means to me to see this archive go live at Princeton. It is the culmination of two decades of research starting with my first research grant as an undergrad. library.princeton.edu/about/librar...
library.princeton.edu
New DPUL Exhibit: Guatemala Atrocity Trials
Princeton University Library (PUL) has published a new digital archive that documents the ground-breaking atrocity trials that occurred in Guatemala’s domestic courts after that country’s 36-year arme...
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Gaurav Mukherjee @gauravmkjee.bsky.social · 10/03/2025
Delighted that 'Private Disestablishment' is now forthcoming at the BYU Law Review. Looking forward to working with the editors! SSRN: papers.ssrn.com/sol3/papers.... On what's at stake with religious charter schools, see Linda Greenhouse in the NYT yesterday: www.nytimes.com/2025/03/09/o...
Abstractb for 'Private Disestablishment'
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Deborah Archer @deborahnarcher.bsky.social · 04/03/2025
I am excited to share that Yuvraj Joshi’s and my new article entitled “Infrastructure Equality” will be published in the Northwestern University Law Review. You can read a draft on SSRN. papers.ssrn.com/sol3/papers....
papers.ssrn.com
INFRASTRUCTURE EQUALITY
The United States' racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and
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