@RichardMRe

Law Professor

 Cambridge, MA
hls.harvard.edu/faculty/richard-m-re/
Joined May 2014
  • Tweets8.2K
  • Following1.4K
  • Followers6.1K
27Media
Final version: The Standing Realignment | The Supreme Court Review: Vol 2025, By Paz and Re journals.uchicago.edu/doi/10…

The Standing Realignment | The Supreme Court Review: Vol 2025, No null

journals.uchicago.edu
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Lawrence Solum
@lsolum23h
Bayefsky on Tradition and the Federal Judicial Power: legaltheoryblog.com/?p=11440…

Bayefsky on Tradition and the Federal Judicial Power

Rachel Bayefsky (University of Virginia School of Law) has posted Tradition and the Federal Judicial Power (Stanford Law Review, forthcoming) on SSRN.  Here is the abstract: Tradition is …

legaltheoryblog.com
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Josh Blackman
@JoshMBlackmanOct 26
Bob Woodward Reveals He Spoke With Justices Stewart, Powell, White, Blackmun, and Rehnquist for "The Brethren" reason.com/volokh/2026/10/26…

Bob Woodward Reveals He Spoke With Justices Stewart, Powell, White, Blackmun, and Rehnquist for...

Steven Goldberg, one of Brennan's clerks, provided Woodward with the 75-page case history of U.S.v. Nixon.

reason.com
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William Marra
@WilliamCMarraOct 26
pennlawreview.com/2026/10/24…

Precedent and Jurisdiction - Penn Law Review

The principle of stare decisis provides that courts should usually, but not always, follow their precedents. Recent Supreme Court decisions overruling major precedents confirm that stare decisis...

pennlawreview.com
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Lawrence Solum
@lsolumOct 24
Download of the Week: "Sanctuary and the Data State" by Marouf & Pham: legaltheoryblog.com/?p=11445…

Download of the Week: “Sanctuary and the Data State” by Marouf & Pham

The Download of the Week is Sanctuary and the Data State by Fatma E. Marouf and Huyen Pham.  Here is the abstract: Historically, sanctuary policies focused on protected physical space and…

legaltheoryblog.com
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Shalev Roisman@Shalev_RoismanOct 21
papers.ssrn.com/sol3/papers.…
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Lawrence Solum
@lsolumOct 21
Engstrom, Marcus & Setzer on Managerial Courts: legaltheoryblog.com/?p=11427…

Engstrom, Marcus & Setzer on Managerial Courts

David Freeman Engstrom (Stanford Law School), David Marcus (UCLA School of Law), and Elliot Setzer (Yale University) have posted Managerial Courts (Yale Law Journal) on SSRN.  Here is the…

legaltheoryblog.com
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Lawrence Solum
@lsolumOct 12
Eichensehr on the Major Questions Doctrine, Exceptions, and Foreign Affairs: legaltheoryblog.com/?p=11411…

Eichensehr on the Major Questions Doctrine, Exceptions, and Foreign Affairs

Kristen Eichensehr (Harvard Law School) has posted The Major Questions Doctrine, Exceptions, and Foreign Affairs (N.Y.U. Law Review Online, forthcoming) on SSRN.  Here is the abstract: Th…

legaltheoryblog.com
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Cass Sunstein
@CassSunsteinOct 16
Carl Schmitt and Moral Time Travel, with applause to @StephenESachs (This was both interesting and painful to write.) casssunstein.substack.com/p/…
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Adam Zimmerman@Adam_ZimmermanOct 17
1. Our latest, Who Leads in Mass Litigation?, is forthcoming in the Harvard Law Review. With an incredible interdisciplinary team, we took a 20 year dive into lawyers steering multidistrict litigation--which accounts for ~40% of all filed federal cases. papers.ssrn.com/sol3/papers.…
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Yonathan Arbel
@ProfArbelOct 15
Judicial economy: papers.ssrn.com/sol3/papers.… Characterizing Agentic Flooding of Government Services arxiv.org/pdf/2608.16603
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David Schleicher@ProfSchleichOct 15
Here's a new essay, by @nicholas_bagley and me, discussing Diego Zambrano's exciting new book, How Americans Enforce the Law, on @BzationBlog balkin.blogspot.com/2026/10/…
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Link: papers.ssrn.com/sol3/papers.…
Ilan Wurman
@ilan_wurmanOct 15
In light of the SG asking for certiorari on the question of APA vacatur, I have posted a major REVISION to my "Set Aside" paper. This is a significantly improved version (thanks for all the feedback!) with lots more cases/data too. A VERY interesting subject. Link below. 1/2
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Alex Nunn
@AlexNunnOct 14
I made an animation showing the Top 10 most-cited Supreme Court cases every year since 1792. It's remarkable how citations (by federal and state courts) have exploded in frequency in the last half century.
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Charlie Capps@charlesfcappsOct 13
New paper draft: papers.ssrn.com/sol3/papers.…. Write me with what I got wrong--there's plenty of time to revise before February submissions!
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Cass Sunstein
@CassSunsteinOct 12
Does AI Have Rights? More relevant today than when first posted, a few months ago. papers.ssrn.com/sol3/papers.…
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Lawrence Solum
@lsolumOct 10
Legal Theory Bookworm: “Until the Last Yoke Is Broken” by Rebeiro: legaltheoryblog.com/?p=11416…

Legal Theory Bookworm: “Until the Last Yoke Is Broken” by Rebeiro

The Legal Theory Bookworm recommends Until the Last Yoke Is Broken: The Constitutional Vision of Frederick Douglass by Bradley N. Rebeiro. Here is a description: A groundbreaking analysis of Freder…

legaltheoryblog.com
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Ilan Wurman
@ilan_wurmanOct 9
Prof. Ryan Williams -- who apparently moved to Brooklyn (congrats!) -- with another banger. On how the Fugitive Slave Act affected the Court's reasoning in Murray's Lessee, and what that teaches us about the origins of the public rights doctrine. Self-recommending. papers.ssrn.com/sol3/papers.…
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Dan Epps@daneppsOct 8
NEW ESSAY: "Reading the Justices' Books" Now on @SSRN, my forthcoming @HarvLRev essay on the phenomenon on books by sitting SCOTUS Justices (spurred by the release this week of Justice Alito's first book). papers.ssrn.com/sol3/papers.…
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Bill Watson@BWatson_theoryOct 8
Thrilled to see this published! I really enjoyed working on this project and learned a lot from researching it. Thanks to the editors at @NwULRev for their work in bringing the article to print.
Northwestern University Law Review@NwULRevOct 7
In “Originalism’s General-Law Turn,” Profs. @NinaVarsava (@WisconsinLaw) & @BWatson_theory (@UIllinoisLaw) argue that general law depended on morality, so identifying constitutional law grounded in general law requires applied moral reasoning. (1/2).
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Jack Goldsmith
@jacklgoldsmithOct 6
This is from my view of Justice Alito's new collection of essays, for @TheAtlantic. theatlantic.com/magazine/202…

Zombie Originalism

Samuel Alito’s efforts to revamp the conservative legal philosophy reveal that a new movement is ascendant.

theatlantic.com
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