An unpredictable legal blog.
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blog.dividedargument.comLatest Issues
A Summary Reversal in Apple v. Epic Games?
As the Supreme Court’s term rushes to an end, most of the attention from lawyers and scholars is on the remaining merits cases. But I want to highlight a cert petition in an important post-CASA case: Apple, Inc. v. Epic Games, Inc.
Two que...
Things to Read This Week (6/15/26)
Remedies for a Constitutional Crisis, co-authored with Sam Bray and Marin Levy, is now in print with the rest of the Harvard Law Review symposium. The issue is also dedicated to the late, great, Dick Fallon.
Unprincipled Adjudication, by R...
New Episode: Watch Snobs
The latest episode of Divided Argument (and the last one for at least ten days) is up. Watch Snobs:
We open with the usual grab bag—the "foot fault" pun buried in a Justice Thomas opinion, reading Justice Alito's clerk-hiring tea leaves,...
May Judges Appoint Prosecutors for Criminal Contempt?
In a new draft article called Prosecuting Contempt, Aditya Bamzai and I explore the question of whether federal judges may appoint prosecutors for criminal contempt.
As a matter of current blackletter law, the answer is yes. The Supreme Co...
New Episode: Impregnable Citadel of Technicality
The latest episode of Divided Argument, Impregnable Citadel of Technicality, is up:
After puzzling over an interesting follow-up question about Pitchford v. Cain, we unpack a summary vacatur in Whitton v. Dixon. We then spend a wh...
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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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