I have posted this new paper on SSRN. It will be published in the Wisconsin Law Review as part of a symposium held last September. The paper focuses on an 1823 letter written by James Madison, the significance of which… Continue reading

The New York Times has a big piece posted this morning by Jesse Wegman and Lee Drutman advocating for using proportional representation (PR) to elect members of the federal House of Representatives (and expanding the size of the House to… Continue reading

NYT: Reporters and editors at national newspapers are increasing their reliance on encrypted communications to help shield themselves and their sources from potential federal leak investigations and subpoenas. Multiple media organizations are evaluating whether they have enough insurance coverage to… Continue reading

Here is the order (via Democracy Docket). As things stand on the question of removing this case to federal court, the case for now remains before the North Carolina Supreme Court, which would be deciding an issue relating to the… Continue reading

Reuters: Fox Corp (FOXA.O), opens new tab, the parent of Fox News Network, failed to convince a New York state appeals court to dismiss a defamation claim in electronic voting systems company Smartmatic’s $2.7 billion lawsuit over the network’s… Continue reading

NYT: A federal appeals court said on Thursday that it would not block the Justice Department from releasing a report by the special counsel Jack Smith about the two now-closed investigations he conducted into President-elect Donald J. Trump. In a … Continue reading

Alan Durning at Democracy SOS.

NYT: Days away from his criminal sentencing in New York, President-elect Donald J. Trump is seeking a late-stage rescue from the U.S. Supreme Court that would shut down the case before he returns to the White House. In an emergency … Continue reading

NYT: Federal prosecutors said on Wednesday that they planned to hold off on releasing a portion of a report by the special counsel, Jack Smith, detailing his investigation into President-elect Donald J. Trump’s refusal to give back a trove of… Continue reading

NYT: The federal judge who handled President-elect Donald J. Trump’s classified documents case temporarily barred the special counsel, Jack Smith, on Tuesday from releasing his final report on the investigation to the public. In a brief ruling, Judge Aileen M.… Continue reading

NBC News: Congress on Monday formally certified President-elect Donald Trump’s 2024 victory, exactly four years after he stirred up a mob that attacked the Capitol in a failed attempt to disrupt the certification of his 2020 election loss and… Continue reading

CNN: Donald Trump is appealing Judge Juan Merchan’s two rulings that dismissed his attempts to toss his conviction in the hush money case, and the president-elect is seeking a stay of Friday’s scheduled sentencing. Trump’s appeal comes on the same… Continue reading

Steve Griffin at Balkinization: We have finished yet another election cycle without the major parties and candidates recognizing and addressing the most important issue facing the U.S. today – the necessity of fundamental constitutional and political reform.  Whatever you think… Continue reading

I have written this piece with Jeremy Stahl for Slate. It begins: In a surprising move on a lightning quick timetable that is unlikely to stand if challenged, the New York court that presided over the Stormy Daniels hush money… Continue reading