New
@LSI_Journal
: How do lawyers navigate the margins of legality in autocratic, violent & transitional settings by stretching/flipping conventional lawyering? I draw on
@kieranmcevoy2
,
@MallinderLouise
&
@annacbryson
's fantastic new book to answer: (1/3)
On behalf of my fellow political scientists, I took the liberty of pointing out a few of the flaws in the
@APSAtweets
’ “statement” on the insurrection at the US capitol. Unfortunately, I had to DESK REJECT the manuscript
I have a huge life update: this July I’ll join
@UofT
&
@UofT_PolSci
as Assistant Prof of European Politics! This is my 𝒅𝒓𝒆𝒂𝒎 𝒋𝒐𝒃; I’m so thrilled to join one of the world’s top public research universities in such a multicultural global city! Details/ notes of gratitude⬇️
So I’ve been forced into Norway’s draconian/likely illegal quarantine hotel scheme, at my expense, for 7+ days, or risk criminal prosecution. Even though I’m vaccinated & have *3* negative test results. Here’s a thread/my view into how 🇳🇴 gov’t doesn’t care about the rule of law
Friends, I have some thrilling news to share: This August I'll be joining the School of Government & Public Policy (
@uazsgpp
) at the University of Arizona as Assistant Professor of law and politics! I've been working towards this moment for 10 years & it feels surreal... (1/5)
Friends, I want to take a break from work updates to share that
@cr_berns
& I did a thing... we got married! 💘💍 We met by chance 5 years ago
@MetOpera
in New York (‘twas Cosi’ Fan Tutte). Today, I couldn’t ask for a more wonderful person to adventure through life with 🥰
I'm elated: My dissertation-turned-book project-"The Ghostwriters: Lawyers & the Politics Behind the Judicial Construction of Europe"-has been awarded
@APSAtweets
's Edward S. Corwin prize in public law! A personal thread on dissertating, mentorship, & sticking to your guns (1/9)
Boom! Coming soon in the
@apsrjournal
: My
#openaccess
article w/
@Oyvind_Stiansen
on “The Shadow Effect of Courts.” Interested in how courts can impact institutional change & social policy in unexpected ways? Into case study methods? Then this one’s for you! A preview below (1/2)
The transformation in 🇪🇺 politics in past 48 hours is remarkable: Consensus on bolstering the 🇪🇺’s defense/energy autonomy from 🇷🇺->huge foreign pol shift (esp in 🇩🇪); collapse of Putin’s trojan horses (esp 🇭🇺); valorization of NATO; race to the top to aid 🇺🇦. Hard to keep up
Embarrassing to my profession & discipline. Smiling for photo-ops, endowing an autocrat w/ imprimatur of legitimacy...I guess since Mearsheimer’s been (wrongly) predicting the EU’s collapse since his “back to the future” article he’s been reduced to putting his thumb on the scale
🇭🇺🇺🇸
@PM_ViktorOrban
welcomed John Mearsheimer, renowned American realist in Budapest today.
At the meeting, they discussed the war in Ukraine and agreed that it is the most dangerous conflict in decades and therefore must come to an end as soon as possible.
My article w/
@rdanielkelemen
on the politics of forbearance in the EU is now live
@World_Pol
! As
@EU_Commission
toys w/ unfreezing € to Hungary to cajole it to support aid to Ukraine, we explain when, how & why this dynamic arose in the first place:
🥳 It’s getting real/Christmas came early for me: The proofs of my
@CUP_Law
book, The Ghostwriters, have arrived! Forthcoming in hardback in April 2022 & then in paperback, you can find out more about the book (& why you/your library should have it!) here:
Friends, I’ve been sitting on some v exciting news: My book manuscript,
#TheGhostwriters
, will be forthcoming w/
@CambridgeUP
’s law & society series in early 2022! 🥳 Here’s a preview of the cover art, painted during the 1st round of COVID quarantine. Now, to those revisions...
Rather, in my view this is part of a repeated effort by the 🇳🇴 govt to let foreigners & citizens who exercise their free movement rights know exactly where they stand, & to cultivate a nationalist/closed-border stance. Hardly an exemplar of a rule of law state. /end
Happy holidays everyone!
@rdanielkelemen
& I received the most wonderful holiday present: our working paper on the
@EU_Commission
’s turn to forbearance in law enforcement (“Where Have the Guardians Gone?”) has been accepted at
@World_Pol
🥳 Get ready to update your citations!😊
100%. We need to be clear about what happened. Orban extorted 10bn in EU taxpayer money, destroyed Commission's credibility, & in return EU leaders got a symbolic victory (accession talks), denied a real victory (aid to Ukraine) & lots of fresh blackmail. History won't be kind
I also find the buoyant mood quite misplaced. To rub it in, the Hungarian government immediately reminded everyone about the "70" veto points awaiting in the enlargement process and its demand to unlock more money in exchange for dropping opposition on the MFF.
The
@nytimes
this AM cites
@rdanielkelemen
and I’s research on why the world’s leading supranational law enforcer- the
@EU_Commission
- became reluctant to sue member states for violating EU law. In a new WP, we call this “supranational forbearance:” (1/5)
Outstanding article by
@StevenErlanger
&
@b_novak
on why EU allowed Orban to dismantle democracy in Hungary. Thanks to them for citing research by
@Tom_Pavone
& I on Commission’s retreat from enforcement. Latest version of that research available here:
Ecstatic to receive the 2020 Dissertation Prize from the
@law_soc
! The interdisciplinary breadth of law & society and the
@law_soc
makes this the most fulfilling, humbling, & meaningful recognition that I've received as a young scholar (a thread):
Just reviewed the proofs of my forthcoming
@World_Pol
article w/
@rdanielkelemen
, “Where Have the Guardians Gone?” (to be published this October!). I’ll never get tired of the iconic
@World_Pol
typesetting. Really proud of this one; can’t wait to see it in print!
Worried about the rule of law crisis in Hungary & Poland & curious why the EU has largely failed to respond? Check out my article w/
@cassie_emmons
titled "The Rhetoric of Inaction" now out on early view
@jepp_journal
! A brief thread on our findings (1/n):
If anyone wonders where political scientists truly stand on the insurrection, the flood of critiques of
@APSAtweets
’ statement (which I merely summarized) make clear that
@BrendanNyhan
’s open letter (signed by 2000+ colleagues) is far closer to the mark:
More than *2,000* political scientists have now signed our open letter calling for President Trump to be removed from office immediately. His actions show he is unwilling or unable to fulfill his oath to protect and defend the Constitution.
Big personal news: This fall I'm thrilled to join
@PluriCourts
at
@UniOslo
as 2019-2022 Postdoctoral Fellow in PoliSci! There, I'll finish my 1st book & open new projects w/ fantastic colleagues! Thank you to my family, friends, & mentors for your support on my job market journey
I get lots of teaching inspiration by reading other people’s syllabi. So in case it’s useful, here’s the draft syllabi for the two courses I'll teach
@UofT_Polsci
this fall:
‣ Law & Political Development:
‣ Judicial Politics:
Also a case study in how a very smart person can become a prisoner of their own paradigm, in ways that blind them to what is ethically and empirically right
A police officer & a healthcare worker both told me, “I think this is wrong, but maybe the govt will change the guidance.” Which is the problem in a nutshell: A broad trust/submissiveness to the 🇳🇴 govt’s authority, which gives the state ample room to trample on individual rights
In truth, I ended up learning more from 1.5 years of fieldwork than any other time during my 8 years of grad school. Kim Scheppele advised me to make the most of this: "Write a book about the world, not a book about the literature." That advice has stuck with me since (6/9)
Tomorrow I start teaching my first course -POL 469 “Law & Social Change”- at
@uazsgpp
! Thrilled to get back in the classroom. Sharing the syllabus here in case it interests anyone in the
@law_soc
community (who’ve helped me develop it in the first place!):
Let’s be clear: The 🇳🇴 govt has NOT been taking COVID seriously vis-other countries. Bus drivers in Oslo don’t wear masks-ditto for many grocery shoppers. High school drunk parties w/dozens of ppl were everywhere in May in my neighborhood. This isn’t about taking COVID seriously.
Book update!
@CUP_Law
has published a sneak peek/excerpts of the preface & intro of my forthcoming book,
#TheGhostwriters
! Check it out @ the link below (under Content➡️Front Matter & Marketing Excerpt). And pre-order the book/ask your library to order it!
My
@apsrjournal
article w/
@Oyvind_Stiansen
on “The Shadow Effect of Courts” is now officially published & has a volume/issue number - And it’s open access! Read for the theory, stay for the case study!
1/6 How can courts impact policy & ⬆️ gov’t accountability w/o even being solicited? Why should we study courts even where they appear dormant/don’t seem to matter much? On this & more, check out my new
#openaccess
@apsrjournal
article w/
@Oyvind_Stiansen
:
The 🇳🇴 govt knows what’s up. It’s been dropping criminal cases against ppl who refuse to stay in the quarantine hotels because they wouldn’t survive judicial review. A tried & true strategy: If you can avoid going to court, you can keep violating the law:
Just had a student in my “Law & Social Change” course stay after class to say that this is her favorite course, & it’s the first time that she looks forward to doing the readings & coming to class. So energizing to hear this & be reminded of the personal/social impact we can have
Since posting our “Where Have the Guardians Gone?” working paper on
@EU_Commission
’s turn to forbearance in enforcing EU law,
@rdanielkelemen
& I received tons of great feedback. We’ve thus updated & enriched it: it’s available at the same
@SSRN
link here:
𝙉𝙚𝙬 𝙙𝙧𝙖𝙛𝙩 𝙥𝙖𝙥𝙚𝙧! How do executive branch attorneys shape judges’ agendas, decisions & autonomy? How do they make their own judiciaries, but not as they please? Check out my draft chapter for the OUP Handbook on Comparative Judicial Behavior:
Background: In 2018/19, the🇳🇴govt was exposed for violating EEA law for 10+years, denying social benefits/jailing people who traveled abroad-even if to attend funerals/visit sick family! The govt apologized only to avoid judicial review by the
@EFTA_Court
:
But COVID-19 provided the 🇳🇴 gov’t with another excuse to punish foreigners/those who travel abroad. It denied entry into Norway to thousands of taxpaying residents, even if, again, they had to travel to attend a funeral/visit sick family members:
How can courts catalyze big policy changes 1. without even adjudicating disputes & 2. when policymakers resist their authority?
@Oyvind_Stiansen
& I answer by theorizing “the shadow effect of courts” & process-tracing the surprising cause of a major welfare reform in Norway
#APSR
Big life update: I successfully defended my
@PUPolitics
PhD last Thursday: Blessed to have been able to celebrate w/ family & friends! Thank you to Kim Scheppele,
@rdanielkelemen
, Andrew Moravcsik, &
@pfrymer
for your invaluable mentorship! Now, where's my stethoscope?
#PhDone
I’ve received advice from ppl I trust who know 🇳🇴/EEA law that I should refuse the hotel quarantine too. But I’d be risking imprisonment/a 20,000NOK fine, or a court battle in an unfamiliar court system. I’m privileged-I know my rights. Yet the risk is too high, even for me.
Looking for an elevator pitch about what my new book,
#TheGhostwriters
, is all about? Check out my new blogpost on
@CUPAcademic
: “The Ghostwriters: The Untold Story of How Lawyers Built the European Union:”
Right before getting triple-Zoom-bombed during my book today... oof @ these random acts of online hate🥴 Grateful to all participants for being kind, helping me keep my cool, & offering wonderful conversations
My
@POLITICOEurope
column w/
@rdanielkelemen
is up! “The Commission partly sacrificed its legal guardianship role to safeguard its political role as the engine of integration...The strategy succeeded in its political aim, but at a cost.” Read the story at:
Delighted to share a new paper w/
@SivCheruvu
! We challenge two foundational narratives of European integration claiming that the EU judicialized in a virtuous cycle & become more law-abiding over time ( check it out here: ). A brief thread (1/5)👇
While briefly in the US, 2 things happened. 1st, I got fully vaccinated-this wasn’t yet possible in 🇳🇴 since the govt has been sowing distrust in AstraZeneca/J&J & is only vaccinating with Pfizer/Moderna at a snail’s pace. 2nd, the govt twice tightened its quarantine restrictions
We are building a really fantastic
#LawandPolitics
community at
@UofT_PolSci
! We now have faculty with expertise in law & society, judicial politics, comparative law, international law, American & Canadian law & politics. So excited for Ran Hirschl & our community!
1/6 How can courts impact policy & ⬆️ gov’t accountability w/o even being solicited? Why should we study courts even where they appear dormant/don’t seem to matter much? On this & more, check out my new
#openaccess
@apsrjournal
article w/
@Oyvind_Stiansen
:
Yesterday
@uarizona
, with classes in full swing, a fellow faculty member was fatally shot. Campus went into lockdown. A witness heard 10 gunshots. The suspect had been banned from campus; it didn’t stop their gun. The regularity of these tragedies is unconscionable
#GunControlNow
Unpopular opinion (maybe?): Joseph Weiler is uniquely gifted in being able to deliver what sound & read like compelling arguments, but whose steps tend to be empirically flawed/baseless & logically/normatively dubious upon closer scrutiny... a short rant (1/6)
In our latest Podcast, we talked with Prof. J.H.H. Weiler on the past, present and future of
#European
integration. From Maastricht to the latest
#ruleoflaw
crisis, don't miss Prof. Weiler's insights into the state of the
#EU
and beyond, at
@EulawLive
Then in May the 🇳🇴 govt’s covid restrictions came under scrutiny from the
@eftasurv
, which threatened to take Norway before the
@EFTA_Court
esp. over the govt's quarantine hotel policy. So the govt reformed the policy-to make it MORE sweeping/draconian
These restrictions were applied in my case (& many others) retroactively-a textbook violation of the rule of law. Upon arriving in 🇳🇴, police escorted me to get tested (test
#3
in 36 hours). Police stay by your side as you pick up your bags/or go to the restroom. Here’s some pics
The “deal” that Viktor Orbán just extorted from the EU reminds me of what a lawyer at an NGO told
@rdanielkelemen
& I about the Commission’s pliable approach to enforcing EU law (in an interview for our “Where have the Guardians Gone” article):
Hungary is prepared to lift its veto on a massive European Union funding proposal for Ukraine in return for billions in financing the bloc has been withholding from Budapest over democratic backsliding
This summer - and the literally infernal situation in Italian cities like Catania - feels like a watershed moment: the devastating effects of climate change manifesting themselves all at once, in ways that are difficult for political elites and the public to deny
If authorities don't get a grip on the situation in Catania soon, there could serious unrest. The city is surrounded by fires making the air unbreathable, much of the city has had no power or water for 3 or 4 days. All of this at temperatures nearing 50°C.
So delighted for my friend, co-author & mentor,
@rdanielkelemen
who is moving to
@McCourtSchool
&
@Georgetown
! They are so lucky to have you as the newest McCourt chair professor. I can’t wait to come visit & to continue working on our research on law and politics in Europe! 🥳
Professional News: I am thrilled to share that I will be joining the faculty of
@Georgetown
’s
@McCourtSchool
this fall as the newest McCourt Chair! I look forward to working with the amazing faculty and students at McCourt!
#HoyaSaxa
😭
@EU_Commission
unfreezes €10bn to Orban’s kleptocracy, pretending HU suddenly has independent courts & respects rights. A betrayal of 🇭🇺civil society/🇪🇺taxpayers.
@vonderleyen
could’ve let
@EUCouncil
own this, but she does now. Will
@Europarl_EN
deem her fit for a 2nd term?
Friends, I have new publications in some fantastic edited volumes re-social science
#methods
: On (1) case selection for comparative process tracing; (2) conducting fieldwork in national courts; & (3) a political history of empirical legal studies. A thread! (1/4)
#PolisciTwitter
I’m honored that I’ll be discussing my book -
#TheGhostwriters
- at
@eui_law
in Florence this Wednesday, June 15 at 3PM w/
@gentile_giulia
& Eftychia Constantinou as my interlocutors. All are welcome- join us in-person or remotely via Teams! Register here:
Europe needs a vigorous supranational law enforcer:
@EU_Commission
is the Union’s indispensable “Guardian of the Treaties.” MSs are often incapable/unwilling to police themselves, & citizens/nt’l courts can’t bear all the weight of enforcement. It’s time to get back to guard duty
If
@EU_Commission
exploits the war in Ukraine to hold back on defending the rule of law in Poland & Hungary, it would be a serious dereliction of duty precisely when defending liberal democracy on all fronts is most needed. I hope it’s not true, but it’s not surprising...
🇪🇺💶⚖️🇵🇱🇭🇺 As expected, the European Commission seems poised to climb back from its rule of law actions against Hungary and Poland in light of the war in Ukraine and its consequences for the EU. (1/4)
A great day for liberal democracy & European unity today: Emmanuel Macron defeats right-wing populist Marine Le Pen (~58%-42%) in France; Freedom Movement defeats Janez Jansa’s right-wing populist Democratic Party (~36%-22%) in Slovenia. Both wins bigger than final polls 🥳🇪🇺
The politically-captured Polish Const. Tribunal tried to blow up the EU legal order today. Whether it succeeds depends on an immediate forceful EU response. You reject EU law? Then you don’t get EU $ or membership benefits. No more “rhetorics of inaction:”
A pathbreaking infringement by the
@EU_Commission
against Poland's LexTusk: Comm argues principle of democracy is an enforceable EU value in the Treaties & the law targeting the political opposition strikes at the heart of what it means to hold free & fair democratic elections
We just opened an infringement procedure against Poland for violations of EU law.
We consider that the new law establishing a special committee unduly interferes with the democratic process.
Poland has now 21 days to reply to our letter of formal notice.
Our press release ↓
Humbled to receive the Honorable Mention for
@ApsaEuro
's Ernst Haas Dissertation Prize! I went to grad school to grapple w/ how the EU works, & how national lawyers/judges shaped European integration. That's what my dissertation->book project is all about:
That’s where I come in. This summer I’m moving back to the US to join the faculty
@uazsgpp
. I couldn’t put off visiting/looking for housing any longer. I got letters stating the travel was necessary, & when I left on May 24 I met all the requirements to avoid a quarantine hotel
Congratulations
@Tom_Pavone
on your multi-award-winning book, The Ghostwriters, winning
@APSAtweets
' European Politics and Society Award Best Book Prize 🤩 To celebrate, enjoy free access to a selection of chapters until the end of September!
🔗
*If* exit poll predictions hold, Polish voters have cast a gleaming ray of hope through these dark political times. In an election w/ record turnout that was nominally free yet decidedly unfair, the autocrats-in-making (PiS) likely won’t have enough seats to form a gov’t ❤️🧡💛
The estimated share of seats in Poland's next parliament according to the exit poll.
They indicate that the ruling PiS party has lost its majority - even were it to ally with Confederation - while an opposition coalition of KO, Third Way and The Left could form a government.
This persistent troll is saying the quiet part out loud: Yet instead of rejecting this kind of xenophobic thinking, the 🇳🇴 govt’s border policy treats those who must travel as entitled leeches/disease carriers who get what they deserve. Many 🇳🇴s reject this, so should the govt!
Honored to discuss my book,
#TheGhostwriters
, w/ members of the Italian Association for the Study of European Law (ASIDUE) & former ECJ Vice Pres Tizzano on Thurs, Oct 19 @ 17:30 CET/11:30AM EDT. I’ll talk in english; If interested, info & zoom link here:
Do you need a pick-me-up this morning? My favorite-a male black-chinned hummingbird-visited my patio this morning & I feel so blessed: Hope it cheers you up too! He’s made my Mexican flame a part of his breakfast routine. What should I name him?
#winterinarizona
#hummingbirds
Twitter friends! My
@World_Pol
article w/
@rdanielkelemen
-"The Political Geography of Legal Integration"- is now freely accessible, since it generated one of the highest
@altmetric
scores among recent articles! It's never too late to "see" historical institutionalism at work ;)
En route to Oslo for a week of workshopping on all things law & politics, starting w/ a workshop co-organized w/
@silje_hermansen
on “Litigants, Agendas, & Decisions at the European Court of Justice” hosted by
@PluriCourts
&
@arena_uio
. Can’t wait!
This is a really though situation; I know it's easy to judge without being part of the executive committee. But that's the burden of leadership, & to me this statement reads like an evasion of leadership & responsibility, punting the burden on section chairs & individual members
Personally, the Corwin Award validates what, as a PhD student, I kept hoping would be true: That it's worth it to write about what intrigues you most about the world, to do research that you enjoy, to break from conventional templates, & to trespass disciplinary boundaries (7/9)
This is outside my area of expertise, but my sense is that a single erratic individual w/ immense wealth, many potential conflicts of interest, & a very particular view on free speech fully owning & remaking a platform like twitter in his own image is... Orwellian in a bad way
"Twitter, Inc. (NYSE: TWTR) today announced that it has entered into a definitive agreement to be acquired by an entity wholly owned by Elon Musk, for $54.20 per share in cash in a transaction valued at approximately $44 billion.”
Below is a pic of a typical week’s workload for one of my PhD courses
@Princeton
. Which is more insane/detrimental to student health: assigning 17 readings/482 pgs +1 assignment, or pontificating on twitter that you aren’t cut out for grad school if you don’t do all this *twice*?
As a grad student, I read each assigned reading twice before each class discussion. This often meant reading a 300 page book twice, within a week. If you’re not prepared to do this and more, I wouldn’t pursue grad school, let alone academia.
My soon-to-be hometown,
@VisitTucsonAZ
, is getting pummeled by its first major monsoon storm. Made a timelapse from of screenshots from
@uarizona
’s webcam before its feed got cut (high winds? power outage?). Incredible sight, w/ wet microbursts clearly visible
@NWSTucson
How do lawyers ghostwrite judicial policymaking & shape political development? This Tuesday I’ll be sharing insights from my forthcoming book,
#TheGhostwriters
, as part of
@LawCourtsAPSA
final brown bag for 2021, w/ the great
@HollisBrusky
as discussant. Hope to see you there!
The Section will host its final brown bag event of 2021 on Tuesday, December 14th, from 12:00 to 1:30 pm (ET). The theme of the event will be "Attorneys in the US and Abroad." See the flyer below for more details. We hope you can join us for this great event!
We had a wonderful time in Oslo hosting the “Litigants, Agendas, and Decisions at the European Court of Justice” workshop alongside
@silje_hermansen
. Thanks so much to everyone who participated & to
@PluriCourts
for hosting!
On this
#InternationalWomensDay
, I want to thank my twitter-less PhD advisor, Kim Scheppele, & all the women in the academy who serve as mentors & role models for us junior scholars. Here’s a note from my dissertation of the invaluable role Kim played for me
A tiny sun-kissed island dotted with tiny red, yellow, & blue cabins on the
#oslofjord
. No roads, just grassy paths intertwined amongst the cabins. Kids playing with neighboring kids. If only I could go back to being 7 or 8 & find myself here, in this dream place for hide & seek!
Want to learn about the politics of lawyers, how they advanced the judicial construction of Europe behind-the-scenes, & the implications for today’s ROL crisis? Listen to my
@EulawLive
conversation w/ brilliant
@DanielSarmiento
on my book
#TheGhostwriters
!
Judges assoc’s are suing
@EUCouncil
for approving Polish recovery funds under milestone conditions violating
@EUCourtPress
’ C-791/19 ruling requiring Poland dismantle its regime for disciplining judges. Before they even make their case ‘rhetorics of inaction’ are proliferating...
The main European judicial associations have launched an unprecedented action in the
@EU
courts to protect the
#ruleoflaw
. What are the legal arguments and the basis of the actions?
@trajan_shipley
explains the details, at
@EulawLive