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“On Not Signing Most Open Group Letters by My Fellow Legal Academics”

ohog5 by ohog5
April 1, 2025
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An excerpt from yesterday’s submit by my UCLA colleague Stephen Bainbridge:

Final week, I signed an open letter to the Delaware legislature by a gaggle of company legislation lecturers addressing points of Delaware SB 21, which was then pending earlier than the Delaware Home.

This week, as you might have seen, 80 out of the ~120 Harvard legislation faculty college signed a group letter protesting sure Trump administration actions–especially these focusing on legislation firms–as being detrimental to the rule of legislation.

Predictably, the place Harvard leads, the remainder of authorized training follows. I hear rumors of comparable letters within the works at some legislation colleges or amongst college at a number of legislation colleges.

I’ve been requested to signal some. However I am not going to take action.

First, nevertheless, let me emphasize that I share the signer’s issues about the way in which the Trump administration is punishing legislation corporations of which the administration disapproves. Using unilateral government motion is inconsistent with the rule of legislation. That is true although I believe a few of what a number of the legislation corporations did to incur Trump’s wrath was critically problematic. Particularly, Perkins Coie performed a serious function in commissioning and disseminating the Steele file, which has been extensively and successfully discredited. In impact, they dedicated election fraud. Having stated that, I imagine Trump ought to have had the Justice Division examine to find out if legal guidelines have been damaged relatively than unilaterally imposing punishment by government decree. If the Justice Division concluded legal guidelines have been damaged by the agency, then prosecute the agency. That’s how the system is meant to work. That’s how the rule of legislation is meant to work.

However I’ve three causes for not signing a model of the Harvard letter….

Go to the post for these causes.



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