Daniel Rice

Daniel Rice

@danielrice.bsky.social

Law prof @ UNC-Chapel Hill. Con Law and Indian Law. Views my own. Bio: https://law.unc.edu/people/daniel-rice/ SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1684746

3.4K followers765 following276 posts

Daniel Rice reposted

Alex Nunn
@alexnunn.bsky.social

I made an animation showing the Top 10 most-cited Supreme Court cases every year since 1792. It's remarkable how citations (by federal and state courts) have exploded in frequency in the last half century.

Daniel Rice reposted

Institute for Constitutional Advocacy & Protection
@icapgeorgetown.bsky.social

ICAP is hiring! ICAP seeks a Counsel, Senior Counsel, or Special Litigation Counsel committed to vindicating constitutional rights and protecting democratic processes through strategic litigation and policy development. More information can be found here: icap.law.georgetown.edu/about/#careers

icap.law.georgetown.eduAbout - ICAPThat guiding principle shapes not only our litigation but also the culture of our team. We combine constitutional scholarship with courtroom strategy to defend individual rights, hold the government a...

Daniel Rice reposted

Can’t Stop Twinkling 💕💚
@proftolson.bsky.social

Letting people get potentially tortured while you decide if it is actual torture is a hell of a position to take.

Josh Gerstein@joshgerstein.bsky.social

JUST IN: Over dissent of the 3 liberal justices, #SCOTUS lets Trump resume 3rd-country deportation drive. But court will hear arguments in Dec. on whether the new approach illegally deprives immigrants of protections against torture and persecution www.politico.com/news/2026/09...

politico.comSupreme Court lets Trump resume third-country deportations

Daniel Rice reposted

Julian Davis Mortenson
@jdmortenson.bsky.social

Con law peeps do not miss Greg Ablavsky's latest. Dead nuts on about two competing visions of Territory in the early republic. And incisive meta reflections on what it means to do historically inflected legal analysis of Qs that were, in fact, pervasively contested. papers.ssrn.com/sol3/papers....

papers.ssrn.comOriginal Understandings of the U.S. TerritoriesRecently, judges and scholars alike have given renewed attention to the constitutional and legal status of the U.S. territories, including Founding-era understa
Daniel Rice
@danielrice.bsky.social

Can we at least OCR the Congressional Globe first?

The Washington Post@washingtonpost.com

Breaking news: Anthropic CEO Dario Amodei called for AI companies to slow the pace of development as concerns mount over risks associated with the technology. “Progress will still seem fast, and we must make wise use of the time we gain,” Amodei wrote.

washingtonpost.comAnthropic CEO calls for the AI industry to slow downAnthropic CEO Dario Amodei said he was worried about the ability to control self-improving AI models.

Daniel Rice reposted

Helen Czerski
@helenczerski.bsky.social

Replying to @helenczerski.bsky.social

It bugs me that we're normalising the idea that there's something wrong with long documents, or that they're not "worth" our time. There is huge value in careful thought, in detail and nuance, in exploration, and in the experiential journey that goes alongside that.

Daniel Rice reposted

Matt Blaszczyk
@mmblaszczyk.bsky.social

Good luck to everyone going on the law teaching market! I wrote up 65 pages of notes with basic information, advice I received, question banks, some rough empirical analysis, and more. It’s a work in progress but hopefully a useful starting point. ssrn.com/abstract=721...

ssrn.com<div> <span> </span><span>Field Notes from the U.S. Law Teaching Market</span> </div>The U.S. law teaching market is highly competitive and traditionally reliant on specific institutional signals. For non-traditional candidates, accessing the un

Daniel Rice reposted

Shalev Gad Roisman
@shalevroisman.bsky.social

New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....

papers.ssrn.comFact Avoidance<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for

Daniel Rice reposted

Rachel Bayefsky
@rachelbayefsky.bsky.social

Happy to share that my paper "Tradition and Feminism in Constitutional Rights Adjudication" is now out: virginialawreview.org/articles/tra...

virginialawreview.orgTradition and Feminism in Constitutional Rights Adjudication - Virginia Law ReviewIn recent years, “tradition” has been influentially invoked in constitutional rights adjudication and legal scholarship. The Supreme Court, in contexts ranging from abortion to the Second Amendment to...
Daniel Rice
@danielrice.bsky.social

A great time to plug David Pozen's 2024 book, The Constitution of the War on Drugs! academic.oup.com/book/56267?l...

academic.oup.comThe Constitution of the War on DrugsAbstract. This book recovers a lost history of constitutional challenges to punitive drug laws. Throughout the 1960s and 1970s, advocates argued that crimi
Mark Joseph Stern@mjsdc.bsky.social

Gorsuch's majority opinion is kind of an ode to legal weed—he explains how marijuana is now legal in much of the country, and the federal government has not only tolerated but "helped fuel" the growth of the industry. So it's silly for the government to now claim that weed is so dangerous.

Daniel Rice reposted

Legal History Blog
@legalhistoryblog.bsky.social
dlvr.itAblavsky on State Criminal Jurisdiction in Indian CountryGregory Ablavsky, Stanford Law School, has posted State Criminal Jurisdiction in Indian Country: A History, which is forthcoming in the Virginia Law Review: In Oklahoma v. Castro-Huerta (2022), the Supreme Court dismantled the long-standing black-letter principle that states lack criminal jurisdiction in Indian country absent congressional authorization by embracing a revisionist historical account emphasizing inherent state sovereignty. The consequences have been predictable: intense uncertainty and ongoing litigation. Oklahoma’s highest courts, for instance, have repeatedly endorsed inherent state jurisdiction over Native people within Indian country, employing Castro-Huerta to distinguish considerable contrary federal law and precedent. The challenge, especially given the current history-minded judiciary, is that the claim that states have never asserted inherent criminal jurisdiction over Indian country is too simplistic and easily disproven, making it tempting to toss out the old rules. But the revisionist claim, advanced by some scholars and embraced by Justice Thomas, that states enjoyed expansive criminal jurisdiction, is also wrong. This Article attempts to offer a more rigorous legal history, moving beyond the handful of Supreme Court decisions to survey every identifiable state and federal case on inherent state criminal jurisdiction in Indian country. It depicts four distinct periods: an initial headlong assault on federal authority (1787–1834) ; an era of "great confusion" in which states pressed on the many uncertainties of federal Indian law (1835–1886) ; the jurisdictional chaos of the allotment era (1880s–1930s); and a period of relative statutory stability (1948–2022) that Castro-Huerta has now abruptly terminated. What this history shows above all is contestation—a cat-and-mouse game in which states seized on ambiguities to claim authority, only to be periodically rebuffed by the federal courts. But the mere existence of past conflict does not support broader state jurisdiction in Indian country. Rather, every conventional method of legal and constitutional interpretation undercuts the argument that such jurisdiction was ever meaningfully positive law. There are also strong normative reasons for skepticism, since state claims of authority were rarely motivated by public safety but were instead tools to facilitate Native dispossession and erode tribal self-governance. By recounting these complexities, the Article challenges the current legal instability that threatens the foundations of modern tribal sovereignty. --Dan Ernst 

Daniel Rice reposted

Jeff Ostler
@jostler.bsky.social

Just finished Keith Richotte's brilliant and hilarious book THE WORST TRICKSTER STORY EVER TOLD. If you want an entertaining and enlightening read about Native America, the Supreme Court, and U.S. Constitution, this is the one.

Daniel Rice reposted

Genevieve Lakier
@genevievelakier.bsky.social

I am thrilled that my article exploring the STRONG protection that 1A law provides against govt jawboning is now out in @uchilrev.bsky.social. It is deeply depressing however that understanding the law of jawboning remains so impt today lawreview.uchicago.edu/print-archiv...

lawreview.uchicago.edu Enforcing the First Amendment in an Era of Jawboning | The University of Chicago Law Review For decades, it has been black letter law that the informal exercise of government power can violate the First Amendment when it creates an “informal system of censorship.” Lower courts have been deep...

Daniel Rice reposted

Elizabeth Hidalgo Reese
@yunpovi.bsky.social

Wohoo! And it’s about time… The Oneida Nation endowed a chair for an Indian Law scholar at HLS and they’ve been trying to fill it for DECADES. It took the incredible badass that is Tanner to break down that door finally. So proud and excited. This is a win for Indian Country and for the field!

Tanner Allread@tannerallread.bsky.social

After a grueling 9 months on the academic job market, I’m thrilled to announce that on July 1, I will start as an Assistant Professor of Law at Harvard Law School! I’m so excited to bring Native American law and legal history to HLS, and I cannot wait to join the incredible faculty there!

Daniel Rice
@danielrice.bsky.social

A historic hire for HLS. Congrats to Tanner, whose work you should be reading and citing!

Tanner Allread@tannerallread.bsky.social

After a grueling 9 months on the academic job market, I’m thrilled to announce that on July 1, I will start as an Assistant Professor of Law at Harvard Law School! I’m so excited to bring Native American law and legal history to HLS, and I cannot wait to join the incredible faculty there!

Daniel Rice reposted

Legal History Blog
@legalhistoryblog.bsky.social
dlvr.itA Symposium on Constitutional InterpretationTexas A&M Law Review 13:2 (2026) is a symposium issue on constitutional interpretation with many contributions of interest to legal historians: Constitutional Interpretation as Problem Solving: How the Modalities Work Jack M. Balkin Originalist Arguments in Free Speech History Samantha Barbas Race, Memory, and Authority in Constitutional Interpretation Henry L. Chambers, Jr. Memory Warriors, Pluralists, and Abnegators in Constitutional Interpretation: An Essay on Jack Balkin's Pluralist Originalism in Memory and Authority Jed Handelsman Shugerman and Zachary Shugerman Handelsman Balkin Amid Balkanization: Constitutional Construction, the Uses of History, and Interpretive Discretion in a Divided Country Neil S. Siegel Memory and Authority of Failed Constitutional Amendments Julie C. Suk Historical Methods of Constitutional Interpretation and Political Gradations Nelson Tebbe Roger Taney, Memory Entrepreneur Anne Twitty Hermeneutics in History John Fabian Witt Remarks: Why Constitutional Argument Matters Philip Bobbitt --Dan Ernst 
Daniel Rice
@danielrice.bsky.social

"I decided to operate within the 1300-page constraint. And constraint it was."

Mark Tushnet@marktushnet.bsky.social

A short reflection on my and Robert Post’s volumes in the Holmes Devise, and Post’s response: HTTPS://DOI.ORG/10.59015/JACH.FGYD2485 HTTPS://DOI.ORG/10.59015/JACH.TSFX3077

Daniel Rice
@danielrice.bsky.social

Really enjoyed attending this event – to my knowledge, it was the first time Justice Gorsuch has ever spoken publicly on Indian law. Here's audio of his full remarks, for anyone who's interested: drive.google.com/file/d/13rHG...

drive.google.comGorsuch conversation (4-25-26).m4a
WHRO Public Media@whropublicmedia.bsky.social

U.S. Supreme Court Justice Neil Gorsuch stood by his support for Indigenous sovereignty during a Williamsburg visit on Saturday and encouraged young Native people to continue fighting for their communities. Read more here: tinyurl.com/4zmdhrv4