A sensible, cautious, and careful opinion. It will probably drive Trump nuts.
Recent Bluessky Posts- Official CFP for We Robot in Oxford, UK, April 22-24, 2027 is now available at easychair.org/cfp/WR27. Submission deadline is Oct. 5, 2026. Also, AI disclosure requested and "papers may be reviewed by AI detection, whose feedback will be instructive but not determinative." September 8, 2026 Michael Froomkin
- For a chilling analysis of where we stand see Professor Kim Lane Scheppele on "What is a Constitutional Crisis?". And that was almost a year ago! www.youtube.com/watch?v=g-8A... September 8, 2026 Michael Froomkin
- @miamilawschool.bsky.social does a feature on @jotwell.bsky.social, "Jotwell: the journal legal scholars turn to for research that matters" news.miami.edu/law/stories/... September 8, 2026 Michael Froomkin
- Private right of action (in court) vs government-must-initiate enforcement (before court or via agency). So the difference from the econ or polisci dichotomy is less than it may seem? September 8, 2026 Michael Froomkin
- Is it not the case that as new LLM models are trained on the corpus of academic articles and internet posts, they learn about ways of breaking out of alignment? Plus that "cheating" can help "success"? So shouldn't we expect more and more of it? #AI September 7, 2026 Michael Froomkin
stretching the third party standing doctrine to its outermost limits. i.e. equating the fact that schools have standing for students in some situations to schools having standing for aliens
10:1 the standing part of the decision holds up. States own universities, their universities have pled loss of specific students and employees, that is enough for direct standing. The third party stuff is needed for other parts of the order, but if the court correctly characterized the precedents it is not odd either.
I only thought that the third party standing analysis was odd, because I think there is a difference between students that are citizens being represented by a school when the students lack standing and aliens being represented by a school when the aliens lack standing…but not going to take a bet against you, even at 10:1…