An unpredictable legal blog.
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blog.dividedargument.comLatest Issues
The Great Snail Debate
I have been writing about our ongoing legal realignment for some years now, but new developments still manage to surprise me.
Two years ago, Justice Breyer wrote a book impugning textualism. His marquee example involved a homely case relat...
Beyond the Purcell Principle
In Allen v. Milligan III, decided earlier this week, the Supreme Court stayed a lower federal court injunction that prohibited Alabama from using an electoral map (the 2023 map). The stay is technically interim—until the filling of an appea...
Things to Read This Week (6/1/26)
Origin Stories in Property Law, by Jose Argueta Funes. The role of the official story about the relationship between new property regimes and older rights, by way of the history of resource litigation in Hawaii.
Meanwhile, another one from...
The Supreme Court’s Common Sense Problem
“Common sense” reasoning is becoming more common at the Supreme Court. The justices have explicitly relied on common sense to underwrite its holdings in several salient areas of law. And commentators are beginning to seize on that trend.
S...
Multifactor Tests Are Everywhere and Nowhere
The law seems to be filled with multifactor tests. There is debate about balancing, with some judges showing a “fear of balancing,” and some scholars urging that balancing is “inevitable.” But all that worry and guilt about balancing has no...
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Authors
The writers behind this newsletter.
An unpredictable legal blog. Founded by Will Baude and Dan Epps.
Harry Kalven, Jr. Professor of Law, University of Chicago Law School
I am a law professor at the University of Chicago. I teach and write about remedies, equity, constitutional law, and civil procedure.
Law Prof, Harvard Law School
University of Michigan Law Professor, former Chief Legal Counsel to Governor Whitmer
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