Ben Heath
@jbentonheath.bsky.social
7.1K followers 840 following 1K posts
Associate Professor, Temple University School of Law. I post about things that interest me, some of which are about law.
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jbentonheath.bsky.social
New paper! This essay takes a step toward developing what I call a "jurisprudence of weaponized interdependence.: Building on @himself.bsky.social & @abenewman.bsky.social's groundbreaking work, I develop an account of the legal processes that facilitate the weaponization of networks. 1/x
The phenomenon of weaponized interdependence, as defined by political scientists Henry Farrell and Abraham Newman, is a powerful tool for understanding today's global economic conflicts. But to date its uptake in the legal literature (including by this author) has been largely superficial, limited to the observation that economic interdependence coming under increased strain from the growing use of sanctions, export controls, investment screening, and similar measures. The real epistemic power of weaponized interdependence is to make political science nimble—able to identify and analyze similar dynamics across seemingly unconnected issue areas—remains largely untapped.


This essay sketches an approach for developing a jurisprudence of weaponized interdependence, focusing on what Farrell and Newman term the "panopticon effect." It identifies four legal processes—herding, enclosure, legibility, and jurisdictional politics—which create the conditions for weaponizing a network. The essay develops an account of these four processes by reopening the case study of the SWIFT financial messaging system, which also figures prominently in Farrell and Newman's own work. The history of the SWIFT network, this essay argues, shows how law—defined broadly and understood across many sites of lawmaking—intervenes at critical points to create the conditions for weaponization. 

In developing this account, this essay also serves as a proof of concept for a broader jurisprudence of weaponized interdependence, which could make lawyers similarly nimble in confronting the manifold challenges of a politicized global economy in times of rapid technological change and rising authoritarianism.
Reposted by Ben Heath
peggymcguinness.bsky.social
Reposting this important @nycbarassociation.bsky.social statement on the illegality of the President's attacks against Venezuelan vessels, in light of today's news.
nycbarassociation.bsky.social
Only by acting promptly can Congress bring our nation into compliance with the Constitution and international law, reduce the risk of hostilities with neighboring countries and assure that similar abuses of Presidential power do not expand to American shores. bit.ly/3KVqX84
Unlawful Attacks on Venezuelan Vessels | New York City Bar Association
New York City Bar Association Statement Introduction  This September, President Donald J. Trump ordered U. S. military strikes against three […]
bit.ly
jbentonheath.bsky.social
Do yourself a favor and listen to Black Messiah today. 💔
Reposted by Ben Heath
donmoyn.bsky.social
If you make "controversial statements" outside of classroom, that the President of the university dislikes, you can be summarily fired even if you are tenured.
Reposted by Ben Heath
fjquintana.com
What does de-dollarisation mean in practice? How does it relate to global law and governance?

My article 'Dollar Dominance, De-Dollarization, and International Law' is now out in JIEL. I present dollar dominance and de-dollarisation as competing legal institutions.

academic.oup.com/jiel/advance...
Dollar dominance, de-dollarization, and international law
Abstract. Recent proposals to seize Russian Central Bank assets expose how little international lawyers have engaged with the intensifying competition over
academic.oup.com
jbentonheath.bsky.social
Yeah. While I'm playing armchair sociologist over here ("look at these weird professional-political dynamics and how they get reported!"), this one has been a real journey for you.
jbentonheath.bsky.social
Imagine, indeed. A forbidden tome is discovered in an ancient library. Just barely legible by candlelight, it reveals Madison's untold, true story of those fateful days in Philadelphia. The debates, the lunches, the original public meaning of "officer." U.S. democracy will never be the same.
jbentonheath.bsky.social
Tbc, I'm not mad about it or anything. It's helpful to have someone from within the movement making these points (which in many ways are almost identical to key points Kagan made in the Seila Law dissent). It's just weird to not see that acknowledged
jbentonheath.bsky.social
fair and equitable treatment
impavid.us
In honor of spooky month, share a 4 word horror story that only someone in your profession would understand

I'll go first: Six page commercial lease.
jbentonheath.bsky.social
It's less a paper than an oped essay. No new findings afaict bsky.app/profile/jben...
jbentonheath.bsky.social
I took a spin through the "originalist 'bombshell'" essay. Am I right that it's not new historical work of its own, but a (good) synthesis of work by others (eg, @jdmortenson.bsky.social @jedshug.bsky.social)? So the "bombshell" isn't a new finding but rather the movement credentials of the author?
jamesgoodwin.bsky.social
The Originalist case for ignoring Originalism when it is inconvenient to your results-oriented jurisprudence.

In this essay, I will... www.nytimes.com/2025/10/13/u...
jbentonheath.bsky.social
I took a spin through the "originalist 'bombshell'" essay. Am I right that it's not new historical work of its own, but a (good) synthesis of work by others (eg, @jdmortenson.bsky.social @jedshug.bsky.social)? So the "bombshell" isn't a new finding but rather the movement credentials of the author?
jamesgoodwin.bsky.social
The Originalist case for ignoring Originalism when it is inconvenient to your results-oriented jurisprudence.

In this essay, I will... www.nytimes.com/2025/10/13/u...
Originalist ‘Bombshell’ Complicates Case on Trump’s Power to Fire Officials
www.nytimes.com
Reposted by Ben Heath
abenewman.bsky.social
1/ New rare earth restrictions mark escalation in China’s weaponization of interdependence — adopting US extraterritorial permission structures. This is not just an export ban but regulated how global firms use Chinese equipment and material.
www.reuters.com/world/china/...
China expands rare earth restrictions, targets defence, semiconductor users
China tightened its rare earth export controls on Thursday, saying it planned to limit exports to overseas defence firms and semiconductor users and adding five rare earth elements to its list.
www.reuters.com
Reposted by Ben Heath
leahlitman.bsky.social
Brett Kavanaugh: “The Govt sometimes makes brief investigative stops …”
Kavanaugh concurrence
Reposted by Ben Heath
Reposted by Ben Heath
premthakker.bsky.social
My gosh. After the US bombed multiple boats in the middle of the ocean, murdering people on grounds that they were allegedly "carrying drugs," the US Attorney General says "Just like we did with cartels, we're going to take the same approach, President Trump, with Antifa."
Reposted by Ben Heath
donmoyn.bsky.social
The elimination of USAID is a moral atrocity and all involved made a choice to enable, and then lie about, ending the lives of some of the most vulnerable people in the world.
MAE SOT, Thailand (AP) - Mohammed Taher clutched the lifeless body of his 2-year-old son and wept. Ever since his family's food rations stopped arriving at their internment camp in Myanmar in April, the father had watched helplessly as his once-vibrant baby boy weakened, suffering from diarrhea and begging for food.
On May 21, exactly two weeks after Taher's little boy died, U.S. Secretary of State Marco Rubio sat before Congress and declared: "No one has died" because of his government's decision to gut its foreign aid program. Rubio also insisted: "No children are dying on my watch."
That, Taher says, "is a lie."
Reposted by Ben Heath
olufemiotaiwo.bsky.social
We know more about the massive military-style raid on a Chicago housing complex thanks to the reporting of @southsideweekly.bsky.social, @blockclubchi.bsky.social, and neighborhood resident Eboni Watson who chronicled the event. Among the emerging questions: what's real estate's role in this?
section of text from South Side Weekly's coverage, which says: "The building was purchased by Wisconsin-based investor Trinity Flood in January 2020, according to Cook County records. On October 1, the day after the raid, a judge reviewed an emergency motion from Wells Fargo seeking to appoint Matthew Tarshis of Frontline Real Estate Partners as the property’s receiver. 

Flood purchased three multifamily properties in South Shore in 2020. The neighborhood, which had the highest number of eviction filings in Chicago from 2015-2019 according to the Law Center for Better Housing, has seen a rise in outside real estate investors since the 2017 announcement of the Obama Presidential Center’s construction in the neighboring Jackson Park.

Wells Fargo Bank foreclosed on the building in mid-2024, bringing a $27 million lawsuit against Flood for missed loan payments. In late 2024, the City began closing its largest migrant shelters and, through state funding assistance distributed via Catholic Charities and moving support from New Life Church, relocated many families to buildings such as this one."
Reposted by Ben Heath
esqueer.net
Chat, is it good that all the world's most powerful people are obsessed with the nazi jurist, Carl Schmitt?
Screenshot of a WIRED article titled “The Real Stakes, and Real Story, of Peter Thiel’s Antichrist Obsession” by Laura Bullard, published on September 30, 2025, at 12:05 PM. The subheading reads: “Thirty years ago, a peace-loving Austrian theologian spoke to Peter Thiel about the apocalyptic theories of Nazi jurist Carl Schmitt. They’ve been a road map for the billionaire ever since.” Alt text:
Screenshot of a text excerpt discussing legal scholars’ research on Carl Schmitt. The highlighted section reads: “But over time, Vermeule’s fascination grew. ‘I noticed that Adrian had moved away from just being interested in Schmitt to actually embracing all dimensions of Schmitt’s theory: both the political dimension and the legal dimension,’ Dyzenhaus says.”
jbentonheath.bsky.social
I’m giving a talk at @brooklynlawschool.bsky.social on Friday about the Compact as an example of domestic economic warfare. So naturally @himself.bsky.social scoops
me in the NY Times! My talk will argue that more experts in economic warfare need to start thinking about how the war comes home.
himself.bsky.social
"It wanted to signal strength. Instead, it’s revealing its weakness. The administration’s need to break the academy is forcing it to make a desperately risky gamble." www.nytimes.com/2025/10/08/o...
Opinion | You Beat Trumpism by Banding Together. It’s as Hard and as Simple as That.
www.nytimes.com
Reposted by Ben Heath
beaubaumann.bsky.social
ICYMI, I did a blog post today at @lpeproject.bsky.social that’s really about the death of a 20 c mode of liberal/progressive politics. It’s about the need, as a first-order objective, to relegitimize the state around a representational legitimacy.
Rebuilding State Authority In A Post-Trump America
In the ruins of the administrative state after Trump, many on the left see an opportunity to design a New Deal-type reconstruction agenda. But building state capacity requires a government that is…
lpeproject.org
jbentonheath.bsky.social
Watching the mortals "discovering" my chronicles, as it were, guarded
by the old demons, even unknown to me