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Latest Issues

Things to Read This Week (10/4/26)

Final Judgments and Judicial Power, by Aaron Spikol. Did Plaut v. Spendthrift Farm ignore the curative act doctrine? I’m not convinced for a couple reasons, but I still learned from this paper.

Murray’s Lessee, Non-Article III Adjudication...

7 days ago
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2

Things to Read This Week (9/28/26)

Is the SCOTUS Climate Change Case a “Conservative Intuition in Search of a Constitutional Clause”? Ryan Walsh and Mike Fragoso on Suncor and constitutional backdrops, partly responding to me. A great post. Though I do stand by my prediction...

14 days ago
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1

Claude-Generated Legal Scholarship: An Experiment

There has been some controversy lately about the use of AI to generate or partially generate law review articles. Some of this controversy proceeds from different premises or postulated hypotheticals about what kind of law review articles a...

17 days ago
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11

Aesthetic Standing First Principles

My recent post on (a)esthetic standing in the White House ballroom case left me most convinced that there is little agreement on what aesthetic standing doctrine is or should be. What if we go back to first principles?

1. Let’s start with...

19 days ago
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5

Things to Read This Week (9/22/26)

Back to Philadelphia? The Uneasy Case for a New Constitutional Convention, by Jamal Greene and Dave Pozen. I tend to agree that our Constitution is under-amended, although I’m not at all sure about the best convention procedures speaking bo...

20 days ago
5

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Authors

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  • Divided Argument

    An unpredictable legal blog. Founded by Will Baude and Dan Epps.

  • William Baude

    Harry Kalven, Jr. Professor of Law, University of Chicago Law School

  • Samuel Bray

    I am a law professor at the University of Chicago. I teach and write about remedies, equity, constitutional law, and civil procedure.

  • Richard M Re

    Law Prof, Harvard Law School

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