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Today on the blog I offer another outside-the-box political reform: increase the size of the House of Reps. If Congress won't do it by statute, the states can by ratifying what was proposed in 1789 as the original First Amendment and nearly secured ratification in the early Republic. 👇
Final version: The Standing Realignment by Paz and Re www.journals.uchicago.edu/doi/10.1086/...
This is a really nice piece, as is the underlying law review article. I highly recommend it. I agree that state constitutions can play an important role in protecting the public interest from private capture. There remain hard questions about the role of the courts here, even at the state level.
I've argued this for years: "Waiting around for weeks to find out who won an election can erode trust in gov't, even if the delays have a clear explanation." CA could speed up tabulation with minimal loss of convenience through tighter rules on cures, late-received ballots and walked-in mail votes.
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blog.dividedargument.com/p/may-judges...
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"Max Weber once described bureaucracy as asystem grounded in rational and predictable rules. AI‐driven governance introduces a new kind of bureaucracy where rules are replaced by models that no one fully understands" discovery.ucl.ac.uk/id/eprint/10...
Whenever I hear someone say that "the First Amendment is first for a reason," I'm tempted to respond: "Yes, and the reason is that the origi...
www.dorfonlaw.org
Another Immodest Proposal: Ratify the (Original) First Amendment
www.journals.uchicago.edu
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The Standing Realignment | The Supreme Court Review: Vol 2025, No null
Know a junior scholar who would benefit from the Junior Faculty Forum on Law and STEM at @law.stanford.edu this fall (cosponsored with @penncareylaw.bsky.social and Northwestern Law)? Please encourage them to submit by June 15! conferences.law.stanford.edu/stanford_jff...
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Richard M Re
Michael C. Dorf