Elias Neibart
@EliasNeibart
Writing on constitutional law, legal theory, and political thought. Was: JD @Harvard_Law ('25); MPhil @Cambridge_Uni ('22); @tikvahfund; @ManhattanInst
Very cool to see my piece--The Rise of the All-Writs-Act-Putative-Class-Injunction?--"Highly Recommended" on @lsolum's Legal Theory Blog! Check out the draft at the link here: papers.ssrn.com/sol3/papers.cf…
An essential listen for those sorting through Fuld and its implications!
While you’re waiting for today’s opinions to drop: blog.dividedargument.com/p/new-podcast-…
Thanks again for the share, @lsolum!
Neibart on the All Writs Act Class Action Injunction, buff.ly/DZQYfvH - Elias Neibart has posted The Rise of the All-Writs-Act-Putative-Class-Injunction? on SSRN.
Thanks to @AEI’s and @AdLawCenter’s Adam White for discussing my article on putative class injunctions in his latest @thedispatch piece! 👇
Will CASA eventually affect how we think about the executive orders themselves?thedispatch.com/article/suprem…
Updated draft making clear that so-called “provisional classes” are still “putative” classes—that is, not officially certified under Rule 23. Link: papers.ssrn.com/sol3/papers.cf…
Very cool to see @WilliamBaude highlight my latest paper (The Rise of the All-Writs-Act-Putative-Class-Injunction?) in the @DividedArgument blog's "Things to Read this Week." In the piece, I argue that, under Trump v. CASA's own terms, giving preliminary relief to putative…
Very cool to see @WilliamBaude highlight my latest paper (The Rise of the All-Writs-Act-Putative-Class-Injunction?) in the @DividedArgument blog's "Things to Read this Week." In the piece, I argue that, under Trump v. CASA's own terms, giving preliminary relief to putative…
My latest paper on the questionable legal status of putative class injunctions was just featured on the Originalism Blog! Check it out! (Especially in light of the recent putative class injunction handed down yesterday) Blog: originalismblog.typepad.com/the-originalis… Paper:…
In Trump v. CASA, the Court held that federal courts could not give relief to non-parties. But what I call All-Writs-Act-Putative-Class-Injunctions do just that: They give relief to non-party putative class members who are not bound by a court’s judgments. Under CASA, this…
New Working-Paper: "The Rise of the All-Writs-Act-Putative-Class-Injunction?" In it, I argue that, under Trump v. CASA's logic, giving preliminary relief to uncertified putative classes of plaintiffs is likely unlawful. I welcome thoughts and feedback as this comes together!…
In Justice Alito’s CASA concurrence he raised the same issue he brought up in oral argument: If universal injunctions are “shoved” into Rule 23, the legal state of play may remain largely unchanged. For a discussion on his worry, check out my @DividedArgument post from last…
Yesterday I graduated from @Harvard_Law! Many thanks to all the family and friends who helped me along the way. Time to study for the bar and then off to New York!
Lessons for originalists from JGA Pocock: “The historian's reconstitution of the context that makes the text, as action and event, intelligible now becomes a matter of reconstituting the languages in which certain illocutions - those defined as existing for the purposes of…
