Public evidence record
Published podcast speaker
Claim ledger
25 transcript-backed records
01 / belief
“Given the citation practices in law, it’s hard to fully anonymize, but I think that’s the right aspiration.”
02 / belief
“I believe — and I’ve said before in writing — that the court should take what we call social facts or legislative facts into consideration more in their decision-making.”
03 / belief
“One thing I’d say is just an appreciation for pluralism that is still a part of my work, I think comes from going to school on the Upper East Side and laying my head an hour and a half away from that, across lots of different communities, lots of different neighborhoods, and learning to appreciate human diversity, learning to get used to it.”
04 / belief
“I think as long as its limits are understood, it’s not a problem, just as any other form of reasoning has its limits.”
05 / belief
“I think that that gives people leverage in political negotiation in ways that they don’t have when you say, okay, you’ve got a kind of absolute free speech right that applies the same way everywhere, and anyone who wants to stop something speech-grounded, let’s say, can invoke this absolute, universal speech right.”
06 / belief
“We think of that in terms of birth control and abortion rights, and that is no longer the language and hasn’t been for many, many decades — hasn’t been the language that the court uses.”
07 / belief
“If the state said that I don’t have that right, that’s costly to me, but the connection between that and, I think, many of our conceptions of justice is much weaker than the connection when it comes to disability rights.”
08 / belief
“There was an inflection point — I think an important inflection point — in the 1960s and around the response to the Great Society that one can’t separate from race quite as cleanly as one might wish to, that associates big government with helping out racial minorities in particular, and there was a reaction to that.”
09 / belief
“There’s also another point, which is that when we’re talking about disability rights, there’s genuine injustice that I think many of us recognize as injustice, that people who are less able are less able to thrive.”
10 / belief
“I think generally, again, we should constantly be concerned about the ability of government to be effective.”
11 / belief
“I think that creates a lot of distortions, where you end up with people who are at these firms who don’t want to be there.”
12 / belief
“Again, I don’t think it has to be played by lawyers. I think that’s a fair criticism.”
13 / belief
“Labeling it as a right carries some baggage, and maybe makes people have greater expectations of how far they can go than I think is healthy.”
14 / belief
“I think courts should be part of a broader political conversation about these balances of values that we all disagree about.”
15 / belief
“I think, generally, that’s a good practice. Given the volume of law review submissions, it maybe can be a little bit hard to actually operationalize that, but it’s a good aspiration.”
16 / evaluation
“Well, I’m skeptical that that’s, in fact, how YouTube and Twitter behave, that they take things down because Facebook takes something down.”
17 / commitment
“Well, I don’t know that it’s so unusual, but certainly my most effective work habit is to use the entire day to work.”
18 / evaluation
“Part of the reason it may be perceived that I don’t go in that direction is because, historically, federalism has been used in large part to defend white supremacy. It doesn’t need to be used in that way, and if we’re not identifying, not recognizing that kind of pathology, I think federalism is entirely compatible with and makes sense in the context of rights.”
19 / evaluation
“I say “tentatively” because I think that all of these kinds of cases shouldn’t turn on some major premise about economic regulation, or some such.”
20 / evaluation
“In my view, rights, in a constitutional sense, can arise in lots of situations, whether the government’s acting well or not acting well, because rights, I think, are just a byproduct of pluralism.”
21 / recommendation
“It’s political posturing and so forth. But if one were actually to try to design a confirmation process that was useful, I think you would just ask them their views about cases that have been decided.”
22 / evaluation
“I don’t know that I would eliminate it entirely, but the idea that people should be admitted to law school, 50 percent or 60 percent or something based on LSAT scores, seems to me likely to be problematic.”
23 / evaluation
“If some students are buying used books or some students are buying only digital copies just because of their perception of the cost, that seems to me to have some real unfairness to it.”
24 / evaluation
“If Facebook is the only game in town, as it is in many countries, I think one is right to be more concerned about its content moderation practices under those circumstances than under circumstances of genuine competition.”
25 / evaluation
“I do think that sometimes — and I’m also not the best law and economics reasoner, but I can try — I think sometimes baseball’s incentives are misaligned, as far as I can tell, at least.”