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Nathaniel Donahue

@nwdonahue.bsky.social
289 followers 194 following 156 posts

Ass. Prof. @nyulaw. Goat aficionado. Grackle enthusiast. Living off the largesse of big noodle.

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Reposted by Nathaniel Donahue
Dr. Haris A. Durrani @hdernity.bsky.social · 30/04/2026
Honored that my forthcoming article, Before Invention, received the coveted "Highly recommended" from @lsolum.bsky.social !
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Nathaniel Donahue @nwdonahue.bsky.social · 30/04/2026
The final version of the paper is now published and live, with a greatly expanded application section and some new historical finds. Thanks to everyone who gave me comments and workshopped the piece with me—it’s so much better for everyone’s input! yalelawjournal.org/pdf/01KQD1GF...
yalelawjournal.org
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Reposted by Nathaniel Donahue
Noah Rosenblum @narosenblum.bsky.social · 31/03/2026
Casey is a rockstar — so glad to see this coming out!!
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Nathaniel Donahue @nwdonahue.bsky.social · 31/03/2026
Great new essay on the rise and fall of the politics-administration distinction. And a powerful entry in the “the politics of deregulation are more complicated than you think” genre!
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Nathaniel Donahue @nwdonahue.bsky.social · 26/03/2026
I really like how this article offers a different answer to the question of removal than either 1) total indefeasible removal or 2) absolutely no removal power. It’s an interesting intermediate position that I don’t think has been adequately considered!
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Gautham Rao (pronounced: Knicks in 5) @gauthamrao.bsky.social · 11/03/2026
I would add: even if you don’t call yourself a legal historian but study history involving law-ish stuff, you’ll find a welcoming, friendly and brilliant group of scholars at ASLH!
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Kellen Funk @kellenfunk.bsky.social · 09/03/2026
Tom Schmidt isn’t on socials, and I rarely post—not great for coining a term, but we hope you’ll give the Equity Docket a try anyway! A historical way of evaluating what the Supreme Court does with most of its time now: More equity, less shadow, not so interim. papers.ssrn.com/sol3/papers....
The abstract for the Equity Docket, available in full at the link in the post.
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Nathaniel Donahue @nwdonahue.bsky.social · 05/03/2026
Looks like an exciting contribution to the burgeoning church autonomy/history of religious liberty literature!
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Nathaniel Donahue @nwdonahue.bsky.social · 05/03/2026
This looks so good!
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Kevin Keller @kbkeller.bsky.social · 11/02/2026
How did Chinese state-owned enterprises become some of the world's largest corporations? My latest paper (finally posted on SSRN!) tackles the question.
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Reposted by Nathaniel Donahue
Nicholas Guyatt @nicholasguyatt.bsky.social · 10/02/2026
Friends, can I ask you to spread the word that we have a THREE-YEAR postdoc in American history at Cambridge up for grabs - ANY field, but applications are due March 1 so don't delay - apply, apply, apply! networks.h-net.org/jobs/69790/u...
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Nathaniel Donahue @nwdonahue.bsky.social · 10/02/2026
This article is sure to become a must-cite in unitary executive debates!
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Nathaniel Donahue @nwdonahue.bsky.social · 27/01/2026
Move over Super Bowl!
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Nathaniel Donahue @nwdonahue.bsky.social · 25/12/2025
Lincoln’s strongest soldiers are the wokes!
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Nathaniel Donahue @nwdonahue.bsky.social · 19/12/2025
New hot ones challenge just dropped: “Twenty-years-of-research-in-manuscript-sources level spicy”
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Nathaniel Donahue @nwdonahue.bsky.social · 18/12/2025
This seems spicy. I am PUMPED!
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Nathaniel Donahue @nwdonahue.bsky.social · 17/12/2025
A real history job in the wild!
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Reposted by Nathaniel Donahue
sanjukta paul @sanjukta.bsky.social · 16/12/2025
Job opening for a clinical teaching fellow in the Civil Rights Litigation initiative at Michigan Law. This is an opportunity to plug into (or continue within) a robust local social justice lawyering network while also exploring teaching. Please share widely! careers.umich.edu/job_detail/2...
careers.umich.edu
Clinical Teaching Fellow- Civil Rights Litigation Initiative, Law School | U-M Careers
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Nathaniel Donahue @nwdonahue.bsky.social · 14/12/2025
An enormous loss. His work on 19th century state formation and on juries has been invaluable to me. When people learn I’m on the fellowship he helped create, I almost invariably hear stories of someone who he mentored at NYU. He played a huge role in shaping legal history for at least a generation.
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Nathaniel Donahue @nwdonahue.bsky.social · 11/12/2025
That was a lot of fun! Thanks for having me on!
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Jake Charles @jacobdcharles.bsky.social · 10/12/2025
None of my friends understood why I was so happy to see this in the mail. 🤷‍♂️
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Nathaniel Donahue @nwdonahue.bsky.social · 10/12/2025
The subtitle of my next paper…
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Jed H. Shugerman @jedshug.bsky.social · 08/12/2025
I’ll attempt to live-skeet the Trump v. Slaughter oral arguments at 10 am. I might be considered biased b/c I filed amicus briefs in Slaughter & Cook, with particular historical interpretations. Or I might be considered well-informed. You can judge for yourself. See the summary below & a thread…
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Jed H. Shugerman @jedshug.bsky.social · 08/12/2025
Helpful and concise Brennan Center preview for today’s big case on the unitary executive oral arguments (against the historical claim of an unchecked presidential removal power) Annotated Guide to Historical Amicus Briefs in the Slaughter and Cook Removal Cases www.brennancenter.org/our-work/res...
brennancenter.org
Annotated Guide to Historical Amicus Briefs in the Slaughter and Cook Removal Cases
As the Supreme Court prepares to hear arguments in two cases challenging the removal of independent agency heads, several historians and legal scholars have filed friend-of-the-court briefs focused on...
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Reposted by Nathaniel Donahue
Daniel Rice @danielrice.bsky.social · 04/12/2025
Missed this when it was originally uploaded, but "Conscription's Constitution" by Gerard Magliocca looks fascinating: papers.ssrn.com/sol3/papers....
papers.ssrn.com
Conscription's Constitution
This Essay examines the military draft in constitutional practice and argument. The constitutionality of national conscription is clear, but what that means for
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Legal History Blog @legalhistoryblog.bsky.social · 01/12/2025
dlvr.it
More Congressional Material On-Line
[We are reproducing the following from In Custodia Legis, the blog of the Law Library of Congress, on the latest "migration" of Congressional materials from "Century of Lawmaking" to the digital site, Congress.gov.  DRE]  We have been working on migrating content from Century of Lawmaking to Congress.gov over the last few years. We kicked this off with migrating 30,000 Bills and Resolutions from 1799-1873. Then, in February 2024, we added the Annals of Congress to Congress.gov. In November last year, we added the Senate Journal to our site. The House Journal was added in the following release. If you are interested in more information on the journals, we have help pages for both the House Journal and Senate Journal. Earlier this year, in February, we added the Congressional Globe. The Debates of Congress (Congressional Globe, The Annals of Congress, and the Register of Debates) are all predecessors to the Congressional Record, which goes back to 1873 on Congress.gov. The Globe was followed by the Senate Executive Journal going live on Congress.gov in April. With today’s release we are adding the last item from the Debates of Congress, the Register of Debates. This is also the last area of content to migrate from Century of Lawmaking to Congress.gov. You can see the Register of Debates starting with the 18th Congress of the Browse page and through the 25th Congress.
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Nathaniel Donahue @nwdonahue.bsky.social · 30/11/2025
Yet another example of money taxes and specialized equipment displacing compulsory labor!
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Nathaniel Donahue @nwdonahue.bsky.social · 21/11/2025
Okay so everyone rags on the em dash as a hallmark of AI writing. Am I the only person who uses them like all the time?
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Nathaniel Donahue @nwdonahue.bsky.social · 21/11/2025
A lot of really amazing folks have come out of this one!
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Nathaniel Donahue @nwdonahue.bsky.social · 15/11/2025
This brief responds to a few attacks on Humphrey’s Executor: 1) its reasoning makes no sense (& we should overturn it); 2) its holding is narrow (and doesn’t even apply to today’s FTC); 3) that it made up legal ideas from whole cloth to score a political win against FDR (so we should disregard it)
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Nathaniel Donahue @nwdonahue.bsky.social · 12/11/2025
Great piece! I really liked section II.A, which gives a really helpful sense of how running the analysis through N&P might more helpfully structure these separation-of-powers inquiries.
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Nathaniel Donahue @nwdonahue.bsky.social · 25/10/2025
Boy do I have some thoughts about this one…
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Noah Rosenblum @narosenblum.bsky.social · 18/10/2025
New York Historians — come join us! 🗄️ @rauchway.bsky.social is this tag the one to flag the historians?
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Nathaniel Donahue @nwdonahue.bsky.social · 18/10/2025
Fee-based governance as a response to the political difficulty of money taxes remains undefeated. We are so back (to the 19th century)! pbs.twimg.com/media/G3i8p5...
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Jotwell @jotwell.bsky.social · 08/10/2025
Jotwell ConLaw: Andrea Katz, Falsifying the Unitary Executive: Popperian Empiricism and History’s Uses and Misuses, JOTWELL (October 8, 2025), conlaw.jotwell.com/falsifying-t....
Andrea Katz
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Nathaniel Donahue @nwdonahue.bsky.social · 02/10/2025
Anthropic settlement website is live! Authors (including academics): look your book up and get paid! secure.anthropiccopyrightsettlement.com/lookup/?_gl=...
secure.anthropiccopyrightsettlement.com
Submit a Claim
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Nathaniel Donahue @nwdonahue.bsky.social · 01/10/2025
I haven’t been this excited to hear about the disposition of a million dollars in prewar America since Bringing Up Baby!
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William Baude @williambaude.bsky.social · 29/09/2025
Bombshell! - Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation of Article II democracyproject.org/posts/must-a...
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Nathaniel Donahue @nwdonahue.bsky.social · 16/09/2025
Thanks Dan!
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Nathaniel Donahue @nwdonahue.bsky.social · 13/09/2025
Hear hear!
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Oren Tamir @orentaoren.bsky.social · 02/09/2025
Call for papers for the best constitutional law conference every year is now out! Please circulate widely & consider sending us your paper/lightning round proposals. Tucson is incredible this time of the year, and we have amazing confirmed commentators already lined up 🌵🌵
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Nathaniel Donahue @nwdonahue.bsky.social · 02/09/2025
Hi Folks! I wanted to share a 🧵about my JMP in @yalelawjournal.bsky.social (now on SSRN). It reconstructs the law of officeholding in early US, arguing that it is inconsistent with the unitary executive theory. (1/
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Nathaniel Donahue @nwdonahue.bsky.social · 25/08/2025
Just applied!
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Nathaniel Donahue @nwdonahue.bsky.social · 21/08/2025
I 💰NY
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Nathaniel Donahue @nwdonahue.bsky.social · 18/08/2025
Come for the great institutional history of McCarthyism, stay for the insight that the rule of law is about more than empowering Congress to oversee the presidency, but about creating buy in to neutral principles and reason-giving requirements.
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Nathaniel Donahue @nwdonahue.bsky.social · 18/08/2025
This is going to be a fun new viewpoint to have in the conversation!
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henry-ishitani.bsky.social @henry-ishitani.bsky.social · 05/08/2025
My article on history-based briefing was featured by Adam Liptak in the NY Times! www.nytimes.com/2025/08/04/u...
nytimes.com
As the Supreme Court Focuses on the Past, Historians Turn to Advocacy
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Nathaniel Donahue @nwdonahue.bsky.social · 28/06/2025
The Jefferson Commonplace book is a criminally underrated source for early American legal understandings!
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