Gabe Levine

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Gabe Levine

Gabe Levine

@gllevine

Legal historian and fellow @policyintegrity, posting in a personal capacity

Katılım Nisan 2022
876 Takip Edilen367 Takipçiler
Gabe Levine retweetledi
SamuelGoldman
SamuelGoldman@SWGoldman·
Iggy Pop makes a stronger case for great books that most professors are able to give.
Antigone Journal@AntigoneJournal

Timely reminder of when this guy reviewed that guy... Iggy Pop on Gibbon's Decline and Fall (Classics Ireland, 1995): Caesar Lives by Iggy Pop In 1982, horrified by the meanness, tedium and depravity of my existence as I toured the American South playing rock and roll music and going crazy in public, I purchased an abridged copy of The Decline and Fall of the Roman Empire (Dero Saunders, Penguin). The grandeur of the subject appealed to me, as did the cameo illustration of Edward Gibbon, the author, on the front cover. He looked like a heavy dude. Being in a political business, I had long made a habit of reading biographies of wilful characters — Hitler, Churchill, MacArthur, Brando — with large profiles, and I also enjoyed books on war and political intrigue, as I could relate the action to my own situation in the music business, which is not about music at all, but is a kind of religion-rental. I would read with pleasure around 4 am, with my drugs and whisky in cheap motels, savouring the clash of beliefs, personalities and values, played out on antiquity’s stage by crowds of the vulgar, led by huge archetypal characters. And that was the end of that. Or so I thought. Eleven years later I stood in a dilapidated but elegant room in a rotting mansion in New Orleans, and listened as a piece of music strange to my ears pulled me back to ancient Rome and called forth those ghosts to merge in hilarious, bilious pretence with the Schwartzkopfs, Schwartzeneggers and Sheratons of modern American money and muscle myth. Out of me poured information I had no idea I ever knew, let alone retained, in an extemporaneous soliloquy I called ‘Caesar’. When I listened back, it made me laugh my ass off because it was so true. America is Rome. Of course, why shouldn’t it be? All of Western life and institutions today are traceable to the Romans and their world. We are all Roman children for better or worse. The best part of this experience came after the fact — my wife gave me a beautiful edition in three volumes of the magnificent original unabridged Decline and Fall, and since then the pleasure and profit have been all mine as I enjoy the wonderful language, organization and scope of this masterwork. Here are just some of the ways I benefit: I feel a great comfort and relief knowing that there were others who lived and died and thought and fought so long ago; I feel less tyrannized by the present day. I learn much about the way our society really works, because the system-origins — military, religious, political, colonial, agricultural, financial — are all there to be scrutinized in their infancy. I have gained perspective. The language in which the book is written is rich and complete, as the language of today is not. I find out how little I know. I am inspired by the will and erudition which enabled Gibbon to complete a work of twenty-odd years. The guy stuck with things. I urge anyone who wants life on earth to really come alive for them to enjoy the beautiful ancestral ancient world.

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Gabe Levine retweetledi
Rᴏʙᴇʀᴛ L. Tsᴀɪ
Benhabib on Habermas: “Not only was the task of the philosopher, ‘sapere aude,’ to think for oneself, but the task of critique was to think through the times in which one lived… Habermas is the heir of this tradition.” the1313.law.columbia.edu/2026/03/15/sey…
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Gabe Levine
Gabe Levine@gllevine·
Highly recommend @JakeAnbinder’s great piece in @TheAtlantic on Paul Ehrlich, which succinctly shows how scarcity fears drive baleful trends on left and right, while still showing why Ehrlich’s views seemed plausible. (Link below)
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Gabe Levine
Gabe Levine@gllevine·
@RichardMRe The voters know best: the MQD rationale only got three votes!
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Gabe Levine
Gabe Levine@gllevine·
Justice Gorsuch: “Only the written word is the law” Also Justice Gorsuch: the major questions doctrine is extratextual and don’t you forget it.
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Gabe Levine
Gabe Levine@gllevine·
@OrinKerr I have found Claude Opus strikingly good at reasoning in light of broadly shared background knowledge. Stating specific facts about the world? Not so much.
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Orin Kerr
Orin Kerr@OrinKerr·
I asked Claude who are the most influential law professors writing today and I have decided we should all now cite J. Marta Massey and Morton Kril in every paper.
Orin Kerr tweet media
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Gabe Levine@gllevine·
Adding this to my daily lexicon
Gabe Levine tweet media
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Gabe Levine@gllevine·
@AnthonyMKreis (3) I think a healthy scholarly culture can tolerate some litigation (within bounds; I do think it’s complicated). but I doubt a general prohibitive norm would do much to improve an unhealthy culture.
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Gabe Levine
Gabe Levine@gllevine·
@AnthonyMKreis (2) the impulse to “hold back” is a real problem, but can arise in various ways from various sources (clerkship recs, scholactivism, peer pressure, etc.). I’m not sure litigation is the worst in this regard.
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Anthony Michael Kreis, FRHistS
Anthony Michael Kreis, FRHistS@AnthonyMKreis·
Work for folks who need representation isn’t a huge conflict of interest, like veterans navigating benefits or indigent lease-holders. Academics have a duty to search for truth and better understand the world. Litigation is generally incompatible with the academic mission.
Jimmy Buffett Fan, Esq.@jimmy_esq

Setting aside that this rule appears gerrymandered to exempt academics in roles Kreis likes (what, e.g., is the justification for exempting pro bono work?), I struggle to see what the objective "truth" of the law is that most academics are seeking.

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Gabe Levine@gllevine·
@AnthonyMKreis I’m 100% for scholarship-as-truth-seeking, but what you’re describing seems like a problem for scholars’ personal integrity, not for their scholarly integrity. Lots of complications, of course, but not sure I see the basis for a blanket, bright-line rule.
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Anthony Michael Kreis, FRHistS
Anthony Michael Kreis, FRHistS@AnthonyMKreis·
To put a finer point on it: if a prof takes on a constitutional case that has a historical argument, a good advocate might bury contrary evidence by de-emphasizing it or might be tempted to give it a less-nuanced gloss for the client’s benefit. That’s not what academics do.
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Gabe Levine
Gabe Levine@gllevine·
@WilliamBaude @nytopinion If the removal power was debated with "ferocity" during the Jefferson, Jackson, and Johnson administrations (Bamzai & Shane), then how could there have been sufficient settlement to liquidate the constitutional question, as you seem to suggest?
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William Baude
William Baude@WilliamBaude·
Baude, Shaw, and Vladeck ride again: From me: “If agencies didn’t effectively write our laws and try our cases, maybe we wouldn’t freak out so much about letting the president control them.” nytimes.com/2025/12/09/opi… via @NYTOpinion
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Gabe Levine
Gabe Levine@gllevine·
This is one of those passages that would have required revision (or deletion) if only an editor @nytimesbooks had raised an eyebrow.
Gabe Levine tweet media
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Gabe Levine
Gabe Levine@gllevine·
@OrinKerr I appreciate your legal commentary, but I’m still stuck here wondering why a crucible would be cold.
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Orin Kerr
Orin Kerr@OrinKerr·
Judge Thapar, concurring: We can't expect officers to read circuit court opinions from other circuits to know what is clearly established law for QI purposes. A few thoughts. 🧵 opn.ca6.uscourts.gov/opinions.pdf/2… #N
Orin Kerr tweet media
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Gabe Levine
Gabe Levine@gllevine·
@BrianCAlbrecht I take it you’re saying there are tradeoffs in allocating gov’t resources to housing. But it doesn’t seem crazy to say that doing so might (sometimes) be more efficient than the current allocation of gov’t resources, even if still suboptimal. Or what am I missing?
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Brian Albrecht
Brian Albrecht@BrianCAlbrecht·
@gllevine The government building doesn’t lower the cost of providing housing. It doesn’t shift the cost curve. It’s taking resources more resources from elsewhere make that less affordable
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Brian Albrecht
Brian Albrecht@BrianCAlbrecht·
"The cost of living crisis" I'm completely annoyed by this phrase. It sounds like it means something but doesn't. Of course we want things to be affordable. No one debates that. But what are we willing to trade-off? And how can we lower costs? Those are the questions
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Gabe Levine
Gabe Levine@gllevine·
@BrianCAlbrecht Why does the real cost of building housing need to fall, rather than the real cost of providing housing? And if the latter makes housing more affordable, wouldn’t government housing construction lower the cost to the extent that it doesn’t substitute for private construction?
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Brian Albrecht
Brian Albrecht@BrianCAlbrecht·
Why isn't that the same thing? Because government building housing doesn't necessariy lower the real cost of building housing. By definition, we need to lower the real cost.
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Gabe Levine
Gabe Levine@gllevine·
@RichardMRe I’d suspect the speed of realignment also reflects Sunstein’s old point that “injury in fact” is a misnomer. Misleading doctrinal formulations seem especially susceptible to change (or manipulation).
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Erik Hovenkamp
Erik Hovenkamp@ErikHovenkamp·
Populism thrives on precisely this. An anecdote that sounds intuitive, but is in fact completely inapposite. But it takes time and effort to understand why. The single biggest asset populism has is that most people don’t seriously scrutinize its assertions.
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