Richard M Re
richardre.bsky.social
Richard M Re
@richardre.bsky.social
Law Prof
Pinned
“The Standing Realignment,” a draft by Yoav Paz-Priel and myself.

Comments welcome!

papers.ssrn.com/sol3/papers....
The Standing Realignment
For many years, liberals have favored broad standing and conservatives narrow standing. Yet that pattern has disappeared and may be reversing. We studied the Su
papers.ssrn.com
Reposted by Richard M Re
In the 70th Henry J. Miller Distinguished Lecture at the Georgia State University College of Law, Prof. @daniellecitron.bsky.social discussed how privacy, technology and democratic norms intersect in the current political landscape. news.gsu.edu/2025/11/21/t...
The Politics of Privacy: Danielle Citron Delivered 70th Miller Lecture - Georgia State University News - College of Law, Events -
On Wednesday, Nov. 19, 2025, Professor Danielle Citron delivered the 70th Henry J. Miller Distinguished Lecture at Georgia State University College of Law with a frank assessment of the current state ...
news.gsu.edu
November 24, 2025 at 2:30 PM
Reposted by Richard M Re
As we all wait for Callais to come down, our piece showing that Shelby County increased the racial turnout gap in most of the covered parts of the country has cleared the replication check and is incoming at JOP.

Gutting the VRA was bad, actually.
November 24, 2025 at 12:47 AM
Reposted by Richard M Re
From Secret Law (2001-2024) to None at All (2025-present)

By Brett Max Kaufman

www.justsecurity.org/124776/secre...
From Secret Law (2001-2024) to None at All (2025-present)
The Trump administration's lethal strikes are the apotheosis of the last quarter century's often always secret and often unreviewable executive branch legal reasoning.
www.justsecurity.org
November 21, 2025 at 2:07 PM
Reposted by Richard M Re
Thank you to @lsolum.bsky.social for listing my forthcoming article, Voids of Constitutional Law, as "highly recommended."

SSRN: papers.ssrn.com/sol3/papers....

legaltheoryblog.com/2025/11/10/m...
November 18, 2025 at 1:09 PM
Reposted by Richard M Re
Lee on Reasonable Doubt and Implicit Bias

Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial…
Lee on Reasonable Doubt and Implicit Bias
Youngjae Lee (Fordham University School of Law) has posted Reasonable Doubt and Implicit Bias (Criminal Law and Philosophy) on SSRN. Here is the abstract: In Criminal Testimonial Injustice, Jennifer Lackey argues that there is a kind of testimonial injustice, characterized by “an unwarranted excess of credibility” and that “[t]he excess of credibility…results in a distinctive kind of epistemic wrong” in “ways that are widespread, alarming, and pernicious” in our criminal justice system.
legaltheoryblog.com
November 19, 2025 at 12:05 AM
“The Standing Realignment,” a draft by Yoav Paz-Priel and myself.

Comments welcome!

papers.ssrn.com/sol3/papers....
The Standing Realignment
For many years, liberals have favored broad standing and conservatives narrow standing. Yet that pattern has disappeared and may be reversing. We studied the Su
papers.ssrn.com
November 18, 2025 at 4:23 PM
Pfeffer-Gillett on “the inconvenince doctrine” papers.ssrn.com/sol3/papers....
The Inconvenience Doctrine
<p><i>In a nation of stark inequalities, the Roberts Court is often portrayed as siding with the wealthy and powerful. Many scholars argue that the Court has ab
papers.ssrn.com
November 18, 2025 at 2:15 AM
Reposted by Richard M Re
The SG has filed his reply letter brief in the Chicago case involving the National Guard. I've already filed two briefs in the case that address the vast majority of what the SG writes here, but perhaps it's worthwhile to respond to a few discrete things. [1]

www.supremecourt.gov/DocketPDF/25...
www.supremecourt.gov
November 17, 2025 at 10:31 PM
Reposted by Richard M Re
AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI.

Some thoughts on AI, lawyers, and the Jevons paradox substack.com/@rtallarita/...
Roberto Tallarita (@rtallarita)
AI optimists like to mention the “Jevons paradox.” But the Jevons paradox doesn’t tell us who will make money and who will get squeezed in the age of AI
substack.com
November 17, 2025 at 12:35 AM
Reposted by Richard M Re
A new paper from Gary Lawson & me:

"Presidential Removal as Article I, Not Article II"

Limits on congressional power to create independent agencies like the Fed & FTC don't come from Art II "Executive Power" absolutism.

See the Necessary and Proper Clause instead:
papers.ssrn.com/sol3/papers....
Presidential Removal as Article I, Not Article II
As a matter of original public meaning, Article I's Necessary and Proper clause is the starting point for both Congress's power to create offices and the limits
papers.ssrn.com
November 11, 2025 at 9:53 PM
Reposted by Richard M Re
The wonderful @oonahathaway.bsky.social does not hold back: our international legal order is at risk. And she has some proposals... www.theguardian.com/law/2025/nov...
Willing states must act to save international legal order, warns top academic
Yale professor says wars in Ukraine and Gaza and threats from Donald Trump risk the ‘total collapse’ of the global courts system
www.theguardian.com
November 12, 2025 at 6:59 PM
Reposted by Richard M Re
Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...

Abstract below.
November 12, 2025 at 7:56 PM
Reposted by Richard M Re
harvardlawreview.org/wp-content/u... Read this brilliant piece by my colleagues @richschragger.bsky.social @micahschwartzman.bsky.social and Nelson Tebbe—:))
harvardlawreview.org
November 12, 2025 at 2:55 PM
Reposted by Richard M Re
A few snippets from my new @slate.com piece on the Supreme Court's decision to hear the Watson case on mail-in voting timing:
slate.com/news-and-pol...
November 11, 2025 at 6:38 PM
Reposted by Richard M Re
Read Richard’s article then listen to this podcast. 👇🏻

podcasts.apple.com/us/podcast/s...
November 11, 2025 at 4:57 PM
Reposted by Richard M Re
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.

harvardlawreview.org/print/vol-13...
The Structure of Religious Preference - Harvard Law Review
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
harvardlawreview.org
November 11, 2025 at 1:48 AM
Thank you to the editors of the Harvard Law Review and to many commentators.

harvardlawreview.org/print/vol-13...
To a Conservative Warren Court - Harvard Law Review
The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a strong majority of left-of-center jurists, and those “liberal lions” ruled (o...
harvardlawreview.org
November 11, 2025 at 12:06 PM
Reposted by Richard M Re
Out today in HLR, my piece Skrmetti Beyond Scrutiny. What happened, what it means for trans rights and sex equality more broadly: harvardlawreview.org/print/vol-13...
Skrmetti Beyond Scrutiny - Harvard Law Review
In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.
harvardlawreview.org
November 11, 2025 at 1:36 AM