Things to Read This Week (9/1)
Happy Labor Day!
Of course I already linked to Keith Whittington’s By Birth Alone on birthright citizenship with my own views on birthright citizenship revisionism.
Casebooks, Canons, and Constitutional Memory by Balkin & Levinson. The editors of one of the most famous constitutional law casebooks ask: “Casebooks on constitutional law take a lot of time and effort to prepare. What is the point of bothering to edit one?” I agree, sort of, with much of the authors’ angst about how constitutional law casebooks should or shouldn’t track the latest changes in Supreme Court doctrine. But as the co-editor of a different constitutional law casebook, we have adopted a different approach to the problem. (See my Volokh post from the start of the first Trump administration, and last year’s Teaching Constitutional Law in a Crisis of Judicial Legitimacy.)
The Constitution and the War on DEI, by my colleagues Genevieve Lakier and Sonja Starr (coming soon to our works-in-progress lunch so I am suspending judgment until then).
Rubber Stamps, by Adam Samaha. One of those great inquiries that I can’t believe didn’t already exist. A Samaha specialty.
Finding Administrative Law, by Adam Crews. Unwritten law comes to ad law.
What is a Jury? by Wanling Su and Rahul Goravara. The structural and historical case for the civil jury as twelve.
