{"id":84626,"date":"2026-01-12T14:48:13","date_gmt":"2026-01-12T14:48:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-pa\/84626\/"},"modified":"2026-01-12T14:48:13","modified_gmt":"2026-01-12T14:48:13","slug":"things-to-read-this-week-1-12-2026","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-pa\/84626\/","title":{"rendered":"Things to Read This Week (1\/12\/2026)"},"content":{"rendered":"

General Law Revivalism and the Problem of 1938<\/a> \u2014 a huge new piece from my colleague\/coauthor\/friends Curt Bradley and Jack Goldsmith arguing against recent work by me, Steve Sachs, Jud Campbell and others trying to revive a pre-Erie view of the law. As Dan and I discuss a bit on the podcast this week<\/a>, I think the article is right about the importance of Erie, but directionally incorrect about whether Erie is good or bad. But it\u2019s a great piece and will hopefully provoke a lot more discussion, including by me.<\/p>\n

Unconstitutional Conditions and the Doctrine of Public Rights<\/a>, by Ilan Wurman. A new entry in what I (and perhaps I alone) think of as the Nelson<\/a>–Harrison<\/a> debate. Also relevant to my Adjudication Outside Article III<\/a>.<\/p>\n

ADHD, the ADA, and First-Year Law School Examinations<\/a>, by Luke Meier. A detailed legal argument that federal disability law does not in fact require the \u201cstandard operating procedure at most law schools\u201d of giving extra time on first-year exams to those diagnosed with ADHD. <\/p>\n

Slightly ancillary to this article, and this may deserve a separate post at some point, but is some legal outfit, think tank, or legal scholar making a list of things that the current administration could\/will\/should do in this area? Revise the various regs and guidance about examination accommodations? Bring a 60(b)(5) motion in the LSAC consent decree?<\/a> Etc. I do not claim to know what could\/would\/should be done, but would love to see the list.<\/p>\n

Finally, I have an article in the newest volume of Liberties<\/a>, one of my favorite publications. It is called Marbury Now<\/a>, and both tells and retells the myth of Marbury, and then argues for the relevance of these myths to the Supreme Court and the Shadow\/Emergency\/Interim Docket today. (Along with asides on departmentalism, judicial \u201cinstitutionalism,\u201d confirmation hearing theater, and more.) It was a really fun thing to write, and a slightly unusual genre for me. To read the whole thing issue you\u2019ll have to subscribe or find a newsstand, but I think you can get a free article by registering and giving your email address. But if you want to spend your free article on Agnes Callard\u2019s In Search of the Leisure Class<\/a> or something else, I\u2019d understand.<\/p>\n","protected":false},"excerpt":{"rendered":"General Law Revivalism and the Problem of 1938 \u2014 a huge new piece from my colleague\/coauthor\/friends Curt Bradley…\n","protected":false},"author":2,"featured_media":84627,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[136,138,137],"class_list":{"0":"post-84626","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-erie","8":"tag-erie","9":"tag-erie-headlines","10":"tag-erie-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/84626","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/comments?post=84626"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/posts\/84626\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media\/84627"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/media?parent=84626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/categories?post=84626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-pa\/wp-json\/wp\/v2\/tags?post=84626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}