Things to Read This Week (6/8/26)

The Two-Hat Problem, by Benjamin L. Cavataro. A systematic and skeptical account of the practice of giving one official multiple important offices. I’m not sure about all of the conclusions, but a great topic.

Litigation Finance Disclosure and the Federal Rules’ Generalism Principle, by William Marra (“If the Court and the Advisory Committee wish to enact a third-party funding disclosure rule, they should consider a blanket rule requiring the disclosure of all forms of third-party funding. But the proposed disclosure rules would pick favorites among litigants and causes of action, making precisely the sorts of substantive policy distinctions that should be made, if at all, by the political branches.”) Not sure about this one either, but again a good topic.

And of course there is Richard’s What is the Business of the Warren Court? with a startling reminder that the battle lines on various issues were not firmly drawn 50-70 years ago in the way they obviously are today.

Finally, the 2025 Supreme Court Review is out! This volume is dedicated to my colleague Geof Stone, who has decided to retire from the journal after 35 years of dedicated service. Most of the pieces require academic journal access, unfortunately, but there are some great ones in there.