This is the actual, original article The Imperial Supreme Court. Accept no imitations from the New York Times, which decided to take the title and idea without attribution (after turning down my op ed with the same title, no less)
harvardlawreview.org/forum/vol-13...
To be clear, I don't think this is intellectual property infringement. And I don't blame the author; authors don't get any say in the title their op-ed goes out under. It's just a kind of cheesy move by the New York Times
The analysis and framing of this law review article are dead-on.
Most such articles are impenetrable to non-lawyers; this one should be easy for most folks to understand.
Totally agree, an incredible example of an academic legal paper that works for a popular audience. I sent it to my organization's full staff and referenced it in our press release on Loper Bright — (without citing b/c it was a press release, sorry @marklemley.bsky.social)
