James Nelson
@profjdnelson.bsky.social
Law professor at the University of Houston Law Center.
Reposted by James Nelson
The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....
December 8, 2025 at 4:55 PM
The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....
Reposted by James Nelson
Prof. @rachelbayefsky.bsky.social has won @theaals.bsky.social Junior Scholarship Award for her article “Judicial Institutionalism.” Prof. @payvandahdout.bsky.social earned an honorable mention.
Professors Recognized by AALS for Civil Procedure Research
Professor Rachel Bayefsky of the University of Virginia School of Law has won the Association of American Law Schools’ Junior Scholarship Award for her scholarship in civil procedure. Professor Payvan...
www.law.virginia.edu
December 1, 2025 at 5:29 PM
Prof. @rachelbayefsky.bsky.social has won @theaals.bsky.social Junior Scholarship Award for her article “Judicial Institutionalism.” Prof. @payvandahdout.bsky.social earned an honorable mention.
Reposted by James Nelson
Pleased to share that, last week, the UH Law Faculty voted to grant me tenure.
I’m grateful to my colleagues across the academy, my mentors, friends, and especially my family for their support along the way.
I’m grateful to my colleagues across the academy, my mentors, friends, and especially my family for their support along the way.
November 21, 2025 at 2:07 PM
Pleased to share that, last week, the UH Law Faculty voted to grant me tenure.
I’m grateful to my colleagues across the academy, my mentors, friends, and especially my family for their support along the way.
I’m grateful to my colleagues across the academy, my mentors, friends, and especially my family for their support along the way.
Reposted by James Nelson
Since postliberalism is having another moment where people seems to be confused about what it is, here are a few papers that might be helpful:
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
The Unreasonableness of Catholic Integralism
In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting t...
digital.sandiego.edu
November 19, 2025 at 1:08 AM
Since postliberalism is having another moment where people seems to be confused about what it is, here are a few papers that might be helpful:
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
Reposted by James Nelson
NEWS: The U.S. Court of Appeals for the Ninth Circuit today issued a decision broadly affirming most of a decision holding Blue Cross Blue Shield of Illinois liable for its administration of discriminatory exclusions in self-funded plans.
Read our full statement: lambdalegal.org/newsroom/cp_...
Read our full statement: lambdalegal.org/newsroom/cp_...
November 17, 2025 at 10:18 PM
NEWS: The U.S. Court of Appeals for the Ninth Circuit today issued a decision broadly affirming most of a decision holding Blue Cross Blue Shield of Illinois liable for its administration of discriminatory exclusions in self-funded plans.
Read our full statement: lambdalegal.org/newsroom/cp_...
Read our full statement: lambdalegal.org/newsroom/cp_...
Reposted by James Nelson
Wonderful! No surprise that I'm not the only one who realizes the utter fabulousness that is @daniellecitron.bsky.social
Beyond touched. Thank you @iapp.bsky.social www.linkedin.com/pulse/25-lea...
25 leaders, 25 moments at 25 years: Danielle Citron
Whenever her name is mentioned, the immediate reaction is always one of admiration. An inspiring, remarkable, thoughtful leader and mentor to many, Danielle K.
www.linkedin.com
November 14, 2025 at 11:47 PM
Wonderful! No surprise that I'm not the only one who realizes the utter fabulousness that is @daniellecitron.bsky.social
Reposted by James Nelson
Grateful to my amazing colleagues at @uvalaw.bsky.social for the whole ride getting to this point. For the advice, listening, and most importantly, friendship.
So amazing to celebrate @payvandahdout.bsky.social on her tenure!! Brilliant scholar, extraordinary teacher, incredible colleague. A wunderkind!!
November 11, 2025 at 11:24 PM
Grateful to my amazing colleagues at @uvalaw.bsky.social for the whole ride getting to this point. For the advice, listening, and most importantly, friendship.
Reposted by James Nelson
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...
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
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...
harvardlawreview.org/print/vol-13...
Reposted by James Nelson
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
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...
Reposted by James Nelson
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu
A timely topic, sadly
lectures.princeton.edu/lectures/202...
A timely topic, sadly
lectures.princeton.edu/lectures/202...
Tanner Lecture on Human Values: David D. Cole
Progressives have increasingly lost faith in the First Amendment—at least as it has been interpreted and applied by the Supreme Court. They argue that free speech has been “weaponized” by big busines...
lectures.princeton.edu
November 9, 2025 at 4:12 PM
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu
A timely topic, sadly
lectures.princeton.edu/lectures/202...
A timely topic, sadly
lectures.princeton.edu/lectures/202...
Reposted by James Nelson
I am excited to host Alice Abrokwa today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper, “Anticipating Disability.” I am looking forward to the conversation!
November 10, 2025 at 4:54 PM
I am excited to host Alice Abrokwa today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper, “Anticipating Disability.” I am looking forward to the conversation!
Reposted by James Nelson
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
November 7, 2025 at 3:31 PM
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
Reposted by James Nelson
Congratulations to Coach Sampson on his 800th career win! 🔥
November 4, 2025 at 3:33 AM
Congratulations to Coach Sampson on his 800th career win! 🔥
Reposted by James Nelson
This piece on Kagan/KBJ mainstreams discussion of an argument about judicial strategy that @nelsontebbe.bsky.social and I staked out in our article “Establishment Clause Appeasement” several years ago: papers.ssrn.com/sol3/papers..... /1
The Debate Dividing the Supreme Court’s Liberal Justices
www.nytimes.com
November 2, 2025 at 1:36 AM
This piece on Kagan/KBJ mainstreams discussion of an argument about judicial strategy that @nelsontebbe.bsky.social and I staked out in our article “Establishment Clause Appeasement” several years ago: papers.ssrn.com/sol3/papers..... /1
Reposted by James Nelson
Are blood and guts too scary for the open marketplace? Not for Prof. @kimkrawiec.bsky.social. The “Repugnant Transactions” professor discusses why society recoils at paying donors.
Professor Talks Blood, Guts and Her Interest in ‘Repugnant Transactions’
Professor Kim Krawiec of the University of Virginia School of Law discusses blood and organ donations, her support for the End Kidney Deaths Act and the complexities of “taboo” markets.
www.law.virginia.edu
October 30, 2025 at 2:03 PM
Are blood and guts too scary for the open marketplace? Not for Prof. @kimkrawiec.bsky.social. The “Repugnant Transactions” professor discusses why society recoils at paying donors.
Reposted by James Nelson
This was really fun! The Normal Men and I talked about excluding Planned Parenthood from Medicaid, miscarriage management and EMTALA, and attacks on abortion pills. Listen wherever you get your podcasts
new Normal Men! Special guest Prof. Liz Sepper @lsepper.bsky.social gets us up to date on reproductive rights, @rickywlmsbong.bsky.social sounds off on totenkopfs, @peark.es takes us through the macro SNAP, and @ed3d.net has laryngitis.
www.podbean.com/eas/pb-kemi4...
www.podbean.com/eas/pb-kemi4...
October 29, 2025 at 2:11 PM
This was really fun! The Normal Men and I talked about excluding Planned Parenthood from Medicaid, miscarriage management and EMTALA, and attacks on abortion pills. Listen wherever you get your podcasts
Reposted by James Nelson
The great Risa Goluboff @uvalaw.bsky.social says The Radical Fund is of a piece with the long civil rights movement literature. Is she right? Or is it a critique of the LCRM’s starting premise? Maybe both! @simonandschuster.bsky.social balkin.blogspot.com/2025/10/putt...
Putting labor, civil rights, and civil liberties at the center of the American story
For the Balkinization symposium on John Witt, The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America (Simon and...
balkin.blogspot.com
October 16, 2025 at 7:01 PM
The great Risa Goluboff @uvalaw.bsky.social says The Radical Fund is of a piece with the long civil rights movement literature. Is she right? Or is it a critique of the LCRM’s starting premise? Maybe both! @simonandschuster.bsky.social balkin.blogspot.com/2025/10/putt...
Reposted by James Nelson
LISTEN: Panelists discuss Prof. G. Edward White’s new book on Robert H. Jackson, from self-trained lawyer to influential #SCOTUS justice and chief U.S. prosecutor at the Nuremberg trials.
Scholars Discuss Book on Justice Robert H. Jackson
Professors Ross E. Davies of George Mason University, Lucas A. Powe Jr. of the University of Texas and Sarah A. Seo of New York University discuss UVA Law professor G. Edward White’s new book, “Robert
soundcloud.com
October 15, 2025 at 2:39 PM
LISTEN: Panelists discuss Prof. G. Edward White’s new book on Robert H. Jackson, from self-trained lawyer to influential #SCOTUS justice and chief U.S. prosecutor at the Nuremberg trials.
Reposted by James Nelson
What if religious hospitals’ limits on care aren’t just ethical choices—but anticompetitive agreements?
Bailey Sanders (@DukeLaw) joins @KimKrawiec to discuss “The Market Limits of Free Exercise.”
🎧 buzzsprout.com/1227113/episodes/18012475
#LawProf #Antitrust #ConLaw
Bailey Sanders (@DukeLaw) joins @KimKrawiec to discuss “The Market Limits of Free Exercise.”
🎧 buzzsprout.com/1227113/episodes/18012475
#LawProf #Antitrust #ConLaw
The Market Limits of Free Exercise with Bailey Sanders - Taboo Trades
My guest today is Bailey Sanders, a Visiting Assistant Professor of Law at Duke University. Her work examines how market competition can advance gender equality and the critical role of women’s…
buzzsprout.com
October 14, 2025 at 10:39 PM
What if religious hospitals’ limits on care aren’t just ethical choices—but anticompetitive agreements?
Bailey Sanders (@DukeLaw) joins @KimKrawiec to discuss “The Market Limits of Free Exercise.”
🎧 buzzsprout.com/1227113/episodes/18012475
#LawProf #Antitrust #ConLaw
Bailey Sanders (@DukeLaw) joins @KimKrawiec to discuss “The Market Limits of Free Exercise.”
🎧 buzzsprout.com/1227113/episodes/18012475
#LawProf #Antitrust #ConLaw
Reposted by James Nelson
Kansas passed a law making it illegal for hospitals (or any employer) to require COVID vaccination unless they grant a religious exemption -- with no inquiry into the sincerity of those who claim it. Basically, employers must allow automatic exemptions. (h/t @doritreiss.bsky.social). /1
September 28, 2025 at 3:11 PM
Kansas passed a law making it illegal for hospitals (or any employer) to require COVID vaccination unless they grant a religious exemption -- with no inquiry into the sincerity of those who claim it. Basically, employers must allow automatic exemptions. (h/t @doritreiss.bsky.social). /1
Reposted by James Nelson
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
Check out Justice Eddins’ complete repudiation of the Roberts Court here. It’s worth reading in full. It’s quite brave—and exceedingly rare—for a sitting judge to speak so candidly and scathingly about SCOTUS’ partisan contortions of law, history, and fact.
www.courts.state.hi.us/wp-content/u...
www.courts.state.hi.us/wp-content/u...
September 20, 2025 at 7:07 PM
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
Reposted by James Nelson
📢 NOMOS 2025 Annual Conference: Capitalism and Socialism
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Announcement2025 Annual Conference of NOMOS : Capitalism and Socialism
American Society for Political and Legal Philosophy – September 26, 2025, 12:00-6:45 EST
justmoney.org
September 19, 2025 at 3:33 PM
📢 NOMOS 2025 Annual Conference: Capitalism and Socialism
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Reposted by James Nelson
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
September 12, 2025 at 2:00 PM
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
Reposted by James Nelson
My horizons broaden every time I read a piece by my amazing UHLC colleague Andrew Lanham (who is unfortunately not on here—or anywhere). Just incredibly deep and rich insights at the intersection of social movements, racial justice, and national security from a fantastic legal historian.
How to Resist Trump’s Militarization of America
The president’s deployment of the armed forces on American streets is an alarming escalation. Fortunately, there’s a playbook for fighting back.
newrepublic.com
September 9, 2025 at 2:50 PM
My horizons broaden every time I read a piece by my amazing UHLC colleague Andrew Lanham (who is unfortunately not on here—or anywhere). Just incredibly deep and rich insights at the intersection of social movements, racial justice, and national security from a fantastic legal historian.
Reposted by James Nelson
I'm making my way to Substack!
I'm making my way to Substack!
Hello everyone!
open.substack.com
September 5, 2025 at 5:36 PM
I'm making my way to Substack!