Stephen E. Sachs
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stephenesachs.bsky.social
Stephen E. Sachs
@stephenesachs.bsky.social
Antonin Scalia Professor of Law, Harvard Law School
stevesachs.com
(As always, my old exams are archived here: )

stevesachs.com/exams/
Past Exams - Stephen E. Sachs
Civil Procedure Conflict of Laws
stevesachs.com
January 14, 2026 at 2:24 PM
And on the relationship of anti-Zionism, antisemitism, and the genocide libel:
December 23, 2025 at 7:56 PM
An excerpt on the violence of the protest movement's aims: 4/
December 23, 2025 at 7:55 PM
December 23, 2025 at 7:45 PM
December 11, 2025 at 6:58 PM
I guess I'd say that, done properly, OMO approaches whatever OLO would say. :) If we want to know what the law was at time t0, and if part of that law was written law, we might look to any then-prevailing and legally relevant interpretive methods
December 8, 2025 at 3:50 PM
2) My sense is that OMO tends to be defended directly on normative grounds, while OLO tends to be defended as a claim about existing law (which we might also have good reason to follow, but which we should at least report accurately). Cf journals.law.harvard.edu/jlpp/wp-cont...
journals.law.harvard.edu
December 3, 2025 at 4:07 AM
I'd guess there are at least two:
1) If there were competing original methods, OLO would choose among them based on which has the better claim to having been part of the law at the time. I'm not sure, but I think different OMO theories might choose differently? Cf.:
December 3, 2025 at 4:07 AM
In any case, read the whole thing! Comments welcome.

www.supremecourt.gov/DocketPDF/24...

6/6
www.supremecourt.gov
November 19, 2025 at 7:45 PM
States make separate public corps for the same reasons private corps make subsidiaries: to move risks into separate baskets, w/separate debts and subject to separate judgments. If a suit isn't going to bind the State, there's no reason for immunity! 5/
November 19, 2025 at 7:45 PM
TL;DR: Sovereign immunity is for sovereigns. The immunity retained at the Founding was specifically for States, not corporations; the very thing States were worried about in Chisholm was being treated like corporations!

4/
November 19, 2025 at 7:44 PM
November 19, 2025 at 7:44 PM
Does NJ Transit, a separate public corporation, get the same sovereign immunity as the State of New Jersey? We say no.

From the summary of argument:

2/
November 19, 2025 at 7:44 PM