Daniel Rice
danielrice.bsky.social
Daniel Rice
@danielrice.bsky.social
Law prof @ UNC-Chapel Hill. Con Law and Indian Law. Views my own.

Bio: https://law.unc.edu/people/daniel-rice/
SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1684746
Pinned
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....
The Moral Complacency of Federal Indian Law
<p><span>For all its association with historical tragedy, federal Indian law remains thoroughly amoral. The field draws little distinction between horrific and
papers.ssrn.com
Missed this when it was originally uploaded, but "Conscription's Constitution" by Gerard Magliocca looks fascinating:

papers.ssrn.com/sol3/papers....
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
papers.ssrn.com
December 4, 2025 at 1:32 AM
I had such a terrific time presenting at Georgia State yesterday – thanks for having me!!
Yesterday, we were so privileged to have @danielrice.bsky.social visit the College of Law to present his fascinating paper on the Supreme Court, Indian Law, and the jurisprudence of moral disapproval. I look forward to seeing the final version and am thankful he participated in our faculty exchange!
December 2, 2025 at 7:46 PM
Reposted by Daniel Rice
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.
dlvr.it
December 1, 2025 at 2:51 PM
TIL that France continued to use the guillotine until 1977?!?!

www.nytimes.com/2025/10/10/a...
The French Revolution’s Instrument of Terror Goes on Show
www.nytimes.com
December 1, 2025 at 1:21 AM
It’s super cool seeing Learned Hand’s actual TV and Peleton in these pics.
November 29, 2025 at 11:50 PM
Aspiring law profs – check out this fantastic opportunity!
We’re thrilled to invite applications for the Visiting Assistant Professor position at Duke Law! This two- to three-year opportunity is designed to support aspiring legal scholars. (Think of it as the law school equivalent of a post-doc.)

Learn more and apply here: tinyurl.com/mrxccxxv
November 21, 2025 at 2:26 PM
Sounds violent!
November 18, 2025 at 1:22 AM
Looking forward to attending the First Amendment Law Review's 2025 Symposium tomorrow (and moderating a panel on Mahmoud v. Taylor)!

medialaw.unc.edu/events/first...
November 13, 2025 at 2:24 PM
Amazing
November 8, 2025 at 8:13 PM
November 8, 2025 at 1:23 PM
The final version of "Civic Duties and Cultural Change" is now live on @califlrev.bsky.social's website!

californialawreview.org/s/4-Rice.pdf
November 4, 2025 at 2:05 PM
Reposted by Daniel Rice
Unless I'm missing something, this seems pretty straightforwardly unconstitutional.
Citing a Trump executive order banning "gender ideology," the VA is withholding coverage and treatment for male veterans with breast cancer, an increasing condition among veterans exposed to toxic chemicals during service. 100 male veterans a year are diagnosed with breast cancer.
Citing Trump Order on “Biological Truth,” VA Makes It Harder for Male Veterans With Breast Cancer to Get Coverage
A Department of Veterans Affairs memo obtained by ProPublica erects new roadblocks to care for veterans with the rare but deadly cancer. The agency cites no new science but relies on an executive orde...
www.propublica.org
October 30, 2025 at 2:19 AM
Thread
🧵 The Supreme Court’s decision to hear another Second Amendment case this term is significant. Along w/ Wolford on Hawaii’s law concerning guns on private property, the justices will review, in US v. Hemani, whether the Const’n permits disarming drug users: www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov
October 22, 2025 at 5:11 PM
Reposted by Daniel Rice
this is a tacit admission that the administration is not confident in the legal arguments it would have to make in order to detain them, which should also cast into question the legality of the operation in the first place
Those men are super dangerous drug smuggling terrorists, which is why . . . we are letting them go.

www.nytimes.com/2025/10/18/u...
U.S. Is Repatriating Survivors of Its Strike on Suspected Drug Vessel
www.nytimes.com
October 18, 2025 at 8:17 PM
When your toddler watches Mr. Rogers for the first time and immediately says, ‘’it’s an ad!’’
October 18, 2025 at 10:33 AM
Very glad to see that former SG Prelogar and her team are handling this one. Nothing other than summary reversal is warranted here, but I’d settle for a cert grant.
October 17, 2025 at 10:25 AM
This is not the most important part about Dobbs, but there’s (still) a typo on p. 6:
October 17, 2025 at 1:06 AM
If the Court eventually grants cert here, I look forward to its "careful analysis" of the relevant history. Was there, in fact, a positive-law right to obtain information from the government about the gender-identity choices of one's children?
Alito, joined by Thomas and Gorsuch, suggest that public schools violate the Constitution when they help a student transition (by acknowledging them as trans) without their parents' knowledge or consent.

Would force schools to out trans kids to their parents. www.supremecourt.gov/orders/court...
October 14, 2025 at 2:09 PM
The sequence appears to be: (1) "All flag burners should be incarcerated"; (2) EO prioritizing the prosecution of flag burners who cause noncommunicative harms (because doctrine); and (3) "No, I'm actually demanding that literally everyone who burns a flag be imprisoned."
Trump calls for ICE and other cops to enforce his executive order banning flag burning, something that’s blatantly unconstitutional given Texas v Johnson (1989), which established flag burning as protected speech.
October 4, 2025 at 12:54 AM
new frontiers in compelled speech
“Some furloughed workers at the Dept of Education expressed shock…to find that their out-of-office email messages had been changed without their knowledge to reflect the Trump administration’s view that the government shutdown was the fault of “Democrat Senators.””

www.nytimes.com/2025/10/02/u...
Partisan Language Inserted Into Education Dept. Workers’ Automated Emails
www.nytimes.com
October 3, 2025 at 2:53 PM
Reposted by Daniel Rice
A series of short posts from leading scholars about the constraints the First Amendment imposes on the government's authority to impose conditions on federal funding. Seems relevant! This is a @knightcolumbia.org series from earlier this year. knightcolumbia.org/research/fed...
Federal Funding and the First Amendment
knightcolumbia.org
October 2, 2025 at 4:21 PM
Nice.
September 28, 2025 at 12:02 AM
Toddler’s first no-nap day. Help.
September 27, 2025 at 7:15 PM
Reposted by Daniel Rice
This man is ignorant. Wounded Knee was a massacre, not a battle.
September 26, 2025 at 3:45 AM
Not many basketball camps come with a disclaimer of state action!
September 26, 2025 at 1:25 AM