Dan Farbman

Dan Farbman

@danfarbman.bsky.social

Law Professor at BC Law, Historian of social movements and local government. Writing a book about Abolitionist Lawyering.

8.6K followers788 following548 posts

Dan Farbman
@danfarbman.bsky.social

postcardsofthehanging.substack.com/p/an-origina...

postcardsofthehanging.substack.comAn Originalist Relation to the UniverseAn Emersonian Polemic
David S. Cohen@dsc250.bsky.social

Kagan, 2010: "We are all originalists." Kagan, 2026: "The whole project of originalism is kind of misconceived, and it’s not a very good match with the Constitution we have." www.nytimes.com/2026/10/20/u...

nytimes.comAhead of Midterms, Justice Kagan Says Rulings Have Intensified PolarizationThe justice said during a discussion that recent Supreme Court decisions on voting rights, gerrymandering and campaign finance have deepened America’s divides.
Dan Farbman
@danfarbman.bsky.social

This is very interesting and very well reported. It rhymes with this thing I just wrote about reclaiming pragmatism from reactionary centrists. postcardsofthehanging.substack.com/p/radical-pr...

postcardsofthehanging.substack.comRadical PragmatismGeniuses with Backpacks
Assigned Media@assignedmedia.org

Democrats seem headed for big wins, but one avenue for self-sabotage would be adopting R's framing on trans rights. @billiejsweeney.bsky.social spoke with insiders incl Lanae Erikson of Third Way and Rep. Sarah McBride for this substanial piece of new reporting. assignedmedia.org/breaking-new...

assignedmedia.orgDemocrats Lose by Punching Down on Trans Issues, Strategists Say - Assigned MediaInsiders, including at centrist think tank Third Way, are cautioning Democratic candidates against echoing Republican talking points on trans rights.
Dan Farbman
@danfarbman.bsky.social

This is bleak and funny at the same time. But I admit that my first thought upon seeing the picture was: why have they charred all of the Caps For Sale man's caps?

The Washington Post@washingtonpost.com

The owner of a top BBQ joint in Texas decided to cut brisket, the top-selling item, from the menu rather than institute a $10 markup for customers. The decision was fueled not just by the skyrocketing price of brisket but by inflation.

washingtonpost.comA top Texas smokehouse is cutting brisket from its menu amid soaring beef pricesButter’s BBQ in Sinton, Texas, says brisket is eating up 70 percent of its total grocery costs.
Dan Farbman
@danfarbman.bsky.social

Honestly, Trump’s predilection for sleeping in public is one the most relatable things about him.

Aaron Rupar@atrupar.com

Trump's face droops while he attends the 9/11 ceremony this morning at the Pentagon (Finn Gomez/Getty)

Dan Farbman
@danfarbman.bsky.social

The most bizarre part of this post is the claim that “few Republicans in 1865 would refute this.” It seems obviously wrong to me, unless you are only looking at moderates. But worse, it conflates the Republican Party with abolition, which is also obviously wrong.

Pat Sobkowski@patsobkowski.com

Okay. I very much look forward to reading this paper and/or hearing the lecture if it’s recorded.

Dan Farbman
@danfarbman.bsky.social

This is an amazing project. Read it now!

Sandeep@sandeepinbk.bsky.social

New draft paper from me up on ssrn: ‘THE LEGAL REALISM OF W.E.B. DU BOIS’ - tracing Du Bois’s underexamined legal thought, from his 1896 dissertation on the slave trade through to his and the NAACP’s 1947 Appeal to the World papers.ssrn.com/sol3/papers....

papers.ssrn.comThe Legal Realism of W.E.B. Du BoisThe great writer, activist, and scholar W.E.B. Du Bois saw his career unfold alongside the development of Legal Realism, an intellectual movement whose rapid ri
Dan Farbman
@danfarbman.bsky.social

Currently writing about political realignment in the 1840s and 50s. And boy does this ever feel familiar.

G Elliott Morris@gelliottmorris.com

this is why left-wing democrats are winning so many elections recently www.gelliottmorris.com/p/2026-08-07...

gelliottmorris.comProgressives are most likely to say the political system needs "major, disruptive changes"And anti-system voters rate figures like Zohran Mamdani, Alexandria Ocasio-Cortez higher than mainstream Dems, even controlling for age and ideology
Dan Farbman
@danfarbman.bsky.social

This chart is so satisfying. Cherry on top of these last two months of unexpectedly amazing Boston baseball pleasure.

Stats@redsoxstats.bsky.social

The Red Sox 31-5 run started with a 4-game sweep of the Yankees, and over this timeframe, the Yankees offense has been the worst in MLB. There are some incredible dark arts at work here.

Dan Farbman
@danfarbman.bsky.social

Took our 13 year old to her first proper fancy restaurant tonight. (Mooncusser in Boston—it’s so good). It was magical. Kids are the best. (And they also frequently suck.)

Dan Farbman
@danfarbman.bsky.social

Or, if you like more spice on your chili dog: docsouth.unc.edu/nc/walker/wa...

docsouth.unc.edu David Walker, 1785-1830. Walker's Appeal, in Four Articles; Together with a Preamble, to the Coloured Citizens of the World, but in Particular, and Very Expressly, to Those of the United States of Am...Walker's Appeal, in Four Articles; Together with a Preamble, to the Coloured Citizens of the World, but in Particular, and Very Expressly, to Those of the United States of America, Written in Boston, ...
Dan Farbman
@danfarbman.bsky.social

It’s never great when Justices pull a Bradwell and start talking about “the nature of things.” Tends to age poorly.

Jay Willis@jaywillis.net

Clarence Thomas's concurring opinion in the trans sports ban case in West Virginia contains some of the ugliest transphobic stuff I have ever seen in a legal opinion. Straight-up gleeful. Vile man. www.supremecourt.gov/opinions/25p...

Dan Farbman
@danfarbman.bsky.social

Very excited to be part of putting this together. Let us know if you want to come to Banff to talk about the history/theory of radical legal advocacy. (Space is limited, but we’ll do our best to include as many as are interested.)

Legal History Blog@legalhistoryblog.bsky.social

dlvr.itASLH Pre-conference on "Radical Legal Advocacy"We have the following ASLH-related announcement: We invite historians of all time periods and regions to register their interest in attending a pre-ASLH annual meeting symposium on Radical Legal Advocacy. The day-long meeting will be held in Banff on November 12th.  This gathering arises out of the work of the “Roundtable on Radical Legal Advocacy” that was organized as one of the ASLH’s inaugural virtual working groups. Since the end of last summer, a remarkable group of scholars has been meeting virtually to define our terms, explore common questions, and share works in progress. In this in person symposium, we hope to build on the virtual work we’ve been doing and expand the conversation to include new voices. In this spirit, we invite anyone who might be interested in joining us to indicate their interest using this form. The symposium will offer various ways to participate, from serving as panelists on roundtables to sharing early works in progress.  Depending on how many folks respond, we may not be able to accommodate everyone! But we will do our best. Dan FarbmanMarie-Amelie George
Dan Farbman
@danfarbman.bsky.social

Governance by Skynard.

Aaron Rupar@atrupar.com

JD Vance: "I think Nixon's historical legacy is enjoying a bit of a renaissance, and deservedly so. I joked that if Watergate happened tomorrow, it would be like a 12 hours news story. The idea that it took down a presidency is crazy."

Dan Farbman
@danfarbman.bsky.social

Just to be very clear, SFFA did not overrule the line of cases that allow for policies like this or the 10% plan in Texas. The DOJ is free to argue whatever it wants, and god knows that SCOTUS could well accept DOJ's arguments. But this interpretation of SFFA is entrepenurial (and also very bad).

Bill@bill-of-lefts.bsky.social

Reverse disparate impact is such a fucking evil policy. The justice department’s position is that you can’t do class-based affirmative action because Black people tend to be poorer, so this would unfairly benefit Black people. Just resegregation. thecollegeinvestor.com/82214/doj-fi...

thecollegeinvestor.comJustice Department: UC Davis Med School Used "Davis Scale" To Skirt Affirmative Action BanDOJ finds UC Davis School of Medicine discriminated by race in admissions, violating the 2023 SFFA ruling. Settlement talks or a lawsuit could follow.
Dan Farbman
@danfarbman.bsky.social

Having loved the Knicks as a kid, and having fallen hard out of love with them since the departure of Anthony Mason, I was seduced and started watching in game 3. At halftime yesterday I became convinced that me watching was the problem so I went to bed. Seems I was right.

Dan Farbman
@danfarbman.bsky.social

It's become common for (Parents Involved, SFFA) the conservative justices wax sanctimonious about how colorblindness is the true meaning of Brown...and how their opponents are making segregationist arguments. And yet, the actual neo-segregationists keep winning. Whoops?

Dan Farbman
@danfarbman.bsky.social

"Political parties are colorblind" is a wild thing to say (and a wilder thing to believe) in the context of...all of American history.

Joey Fishkin@fishkin.bsky.social

It gets a little more wild each time they say it. So if every single Black person votes one way, and every single white person votes the opposite way, every election, that's not even RELEVANT to whether voting is "racially polarized"—as long as this durable disagreement is organized into 'parties.'

Dan Farbman
@danfarbman.bsky.social

If you want to read about the difference between town and county visions of localism check out my latest: Towns or Counties, hot of the pdf press at the Indiana Law Review. Come for the cool old maps, stay for the local government law history. papers.ssrn.com/sol3/papers....

papers.ssrn.comTowns or CountiesThe United States is a nation of counties with a latent romance for towns. The development of American local government law from the arrival of the first Europe