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Dalindyebo Shabalala (he/him)

@dyebo.bsky.social
1.1K followers 3.1K following 425 posts

Prof of Law @Suffolk University Law School. Climate, IP, Indigenous Rights. Blog and Publications - dalishabalala.com Steering Committee - greenleadershiptrust.org Former Board - www.ciel.org Queer/Bi 🏳️‍🌈 - protect trans rights 🏳️‍⚧️

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Reposted by Dalindyebo Shabalala (he/him)
Haley S. Anderson @hsanderson.bsky.social · 8h
Unsure if I am proud or devastated that my 1Ls seem to have a better grasp of procedural due process and the factors to consider for appellate stays than the current Court
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Center for International Environmental Law @ciel.org · 7h
Participants at the climate talks #COP31 in Antalya 🇹🇷 will have a "duty" not to interfere in internal affairs under the country's hosting deal with the UN, reviving a clause dropped for last year's climate summit. READ: www.climatechangenews.com/2026/09/25/c... A 🧵
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Kate Jackson @katejackson.bsky.social · 7h
What I don’t understand is why we would waste vast amounts of natural resources and fuel to make fake music when there are already so many musicians doing it happily
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Auschwitz Memorial @auschwitzmemorial.bsky.social · 29/09/2026
29 September 1941 | A French Jewish boy, Jacques Attas, was born in Marseille. In December 1943 he was deported to #Auschwitz and murdered in a gas chamber. --- A short video about gas chambers and crematoria of the Auschwitz camp: youtu.be/-A05i25j9Ck
A vintage black and white photo of a baby sitting in a small baby stroller, looking directly at the camera. The setting appears to be outdoors with a fence visible in the background.
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Kate Jackson @katejackson.bsky.social · 19h
In corporate-law-land, there’s a lot of chatter about the SEC’s proposal to rescind rule 14a-8 - a rule that facilitated shareholder petitions to change company governance This is the latest in a trend to eviscerate shareholder rights. See eg TX’s new corp law, controlling shareholder rights etc
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Rebecca Tushnet @rtushnet.bsky.social · 18h
Calvinball enters its QP era.
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Steve Vladeck @stevevladeck.bsky.social · 19h
I started writing a newsletter post about the third-country removals case and had to stop—I was too mad. Maybe tomorrow.
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Owen Barcala @obarcala.bsky.social · 21h
On the one hand, these people are being deported to third countries where they allege they are likely to face torture or death without any protections On the other, the Trump administration wouldn't be able to deport them quite as fast for a few months
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Owen Barcala @obarcala.bsky.social · 21h
Once again granting a stay with no analysis of the stay factors in a case where the balance of equities is utterly bonkers
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Betcy Jose @betcy.bsky.social · 20h
"some migrants have found themselves imprisoned in countries they'd never heard of before their arrivals... Many have no criminal convictions and have been found to be at risk of torture or persecution" If these justices won't respect the rule of law, how can we expect anyone in the admin to do so?
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Chris Geidner @chrisgeidner.bsky.social · 29/09/2026
BREAKING: SCOTUS allows the Trump admin to restart third-country removals under a policy found by lower courts to violate federal law. The Democratic appointees dissent. The deportations will be OK'ed at least through the next several months, with SCOTUS agreeing to hear the case in December.
CERTIORARI GRANTED
DEPT. OF HOMELAND SEC., ET AL. V. D.V.D., ET AL.
The application for stay presented to Justice Jackson and
by her referred to the Court is granted. The February 25, 2026
order and judgment of the United States District Court for the District of Massachusetts, case No. 1:25-cv-10676, are stayed.
The application is also treated as a petition for a writ of
certiorari, and the petition is granted. The parties are directed to brief and argue the following questions: (1) Whether
the district court had jurisdiction over Respondents' claims.
(2) Whether the district court had authority to enter classwide declaratory relief and APA vacatur under 8 U. S. C. §1252(f) (1).
(3) Whether the Government's Guidance on third-country removals
is unlawful under 8 U.S. C. §1231(b), the Due Process Clause, or FARRA/CAT and its implementing regulations. (4) Such other
questions that the Government determines are appropriate for the
proper disposition of the case. The Clerk is directed to
establish a briefing schedule that will allow the case to be argued in the December 2026 argument session. The stay shall
terminate upon the sending down of the judgment of this Court.
Justice Sotomayor, Justice Kagan, and Justice Jackson would deny the application for stay.
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Anthony Michael Kreis @anthonymkreis.bsky.social · 23h
This is a human rights abuse worthy of prosecution under intentional law. Minimally, they should be impeached and removed for this alone.
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Center for International Environmental Law @ciel.org · 29/09/2026
👏 Finally! After mounting scrutiny of his fossil fuel stocks, Justice Alito recused from Suncor v. Boulder. Dozens of climate suits hinge on this case, some against oil companies in his portfolio. Accountability demands justice without conflicts—or perceived conflicts—of interest. bit.ly/4yWvcnM
bit.ly
Alito’s Recusal From Climate Case: Too Little, Too Late? - Inside Climate News
Justice Samuel Alito decided Monday to sit out one of the most consequential climate change cases to reach the Supreme Court, but legal experts expected continuing ramifications due to his ownership o...
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Joshua Weishart @joshuaweishart.bsky.social · 29/09/2026
She points to Montgomery as proof small numbers can move a system. For sure but that boycott ran through an institution, with costs shared across a whole community. Her own example of the Tate family, recruited by the NAACP, was a movement asking something of parents. 6/n
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Joshua Weishart @joshuaweishart.bsky.social · 29/09/2026
She says was once “judgmental” about other Black families’ choices, and is now living the other side of that judgment. Needless to say, none of us have this fully sorted out. And it’s important, I think, to say so. 4/n
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Joshua Weishart @joshuaweishart.bsky.social · 29/09/2026
For her, though, structure can't be an excuse, it shouldn't mean "I can't change [the structural injustice], so I may as well take advantage of it [if I can]." Instead "some of us have to [sacrifice] to show other people that they can or should do it." "Someone has to create a breach." 3/n
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Joshua Weishart @joshuaweishart.bsky.social · 29/09/2026
Addendum to my🧵 below after considering 2 new conversations w/ Hannah-Jones (1) This American Life #898 (2) the Black Explained interview. Both worth a listen (links in 🧵replies) Feel compelled to make some corrections, to say where these conversations sharpened my view and where they didn’t. 1/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
So, we agree on diagnosis (structural). We may agree that it takes rebellion, not just petition; King knew that too. But I envision solidarity as shared power, not solitary acts. Leona Tate had the NAACP & a movement; Najya had her courageous parents. Perhaps now, post-piece, they have "more of us."
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
This takes nothing from her piece, an honest account of one family's choices. I think she believes that it's fundamentally structural, but that structural change is impossible without deep, agonizing individual (and collective) sacrifice. Structure dictates problem, agency dictates fight. 9/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
Hannah-Jones could fairly say responsibility scales with genuine alternatives, that parents with real options bear more individual weight than parents who never had any (those trapped). Still, that point sits uncomfortably next to arguments that structural racism operates on the whole. 8/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
It contrasts for sure with her left-wing critic Adolph Reed, who names that fault line "race reductionism." Agree or disagree, the stakes in this debate can be high if individual choices carry real moral weight inside an unjust structure. 7/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
What genuinely interests me about Hannah-Jones's move here is that she has made structural arguments about race, famously so in 1619 Project, yet the closing of her new NYT piece borrows the opposite grammar. That's not an inconsistency, I don't think, but a fault line in her own tradition. 6/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
Hannah-Jones's piece says something a little different. She kept her daughter in that school for a decade, and her closing line is confessional: "there is no absolution... not for me, not for you, not for any of us." That's individual, moral language, not structural language like I used. 5/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
That's why I didn't condemn the voucher-taking father, and don't think I should condemn myself for choosing a neighborhood with good public schools. The wrong is in vouchers as policy, in how we fund and zone schools, it's not in any one family's choice inside that structure. 4/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
My argument wasn't "no one's responsible." It's closer to Iris Marion Young's argument that structural injustice implicates everyone who participates in the system, and responsibility runs forward, toward collective political action, not backward toward hunting for a culpable individual. 3/n
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
.. and it's positioned alongside an argument I made about parents and school vouchers, about a father who chose his own kid's interest over a public school he believed was failing. Hannah-Jones faced the other side of that dilemma. My piece: edlawprof.substack.com/p/a-reply-to... 2/n
edlawprof.substack.com
A Reply to Ty: As Fathers Ponder School Vouchers
West Virginia was among the first states to adopt a near-universal, private school voucher program, deceptively dubbed the “Hope Scholarship.” I wrote blogposts against an earlier iteration of the bil...
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
A decade ago, Nikole Hannah-Jones wrote about deliberately sending her daughter to a segregated, high-poverty NYC school, on principle. Her daughter later asked: "Did you know my school was bad like this when you decided to put me here?" It's a gutting piece...🧵1/n www.nytimes.com/2026/09/20/m...
nytimes.com
In Fighting for Every Black Child, Did I Betray My Own? (Gift Article)
A decade ago, I made a decision about my daughter’s education that I hoped would challenge New York City’s separate and unequal school system. Now 16, she thinks I made the wrong choice.
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Rebecca Tushnet @rtushnet.bsky.social · 29/09/2026
Although I encountered him in a case that brings to mind the adage "a lawyer who represents himself has a fool for a client," I must admit that Mr. Murphy's decision to name his firm Murphy's Law is extremely good. (Bonus Q: does the double entendre mean it's not "primarily merely a surname"?)
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Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 29/09/2026
Things I really struggle with as a person who is also and academic: My intuition is not data. My experience is a datum. My friend’s experience is a data point. Context is everything. Comparisons between more than two points in time are worth their weight in gold. I fail at this too often.
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Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 29/09/2026
Things I really struggle with as a person who is also and academic: My intuition is not data. My experience is a datum. My friend’s experience is a data point. Context is everything. Comparisons between more than two points in time are worth their weight in gold. I fail at this too often.
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Jamie McKelvie @mckelvie.bsky.social · 28/09/2026
Meanwhile, many of the women harmed had their careers and aspirations derailed. But it's supposedly unfair for him not to be given a second chance.
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Jamie McKelvie @mckelvie.bsky.social · 28/09/2026
I am deeply disappointed in Image for choosing to publish new comics from Ellis without him doing that work, when he previously abused his position as a popular comics writer to do what he did.
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Jamie McKelvie @mckelvie.bsky.social · 28/09/2026
With the conversations happening here today, I'm thinking about how Ellis gets to have a "second chance" without doing any of the work to change or even meaningfully apologise to the scores of women he harmed and manipulated. All he had to do was wait a while.
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Meredith Rose @mrose.ink · 28/09/2026
AI's most valuable use case is for speeding up things that can already be automated, and using that efficiency to do more of those things--e.g., brute forcing scientific problems like protein folding.
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Center for International Environmental Law @ciel.org · 28/09/2026
Insurers say climate risk is the reason rates keep rising. So why are they siding with the companies driving that risk? 3 insurance trade groups filed a brief backing Big Oil in Suncor v. Boulder, the landmark climate case SCOTUS will hear on Oct. 5. 🔎 We unpack what's at stake: bit.ly/4ApNHlU
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Laura Seay @texasinafrica.bsky.social · 28/09/2026
Incredibly proud of the student journalists who didn't allow this story to die, named names, & are telling the truth.
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Joshua Weishart @joshuaweishart.bsky.social · 27/09/2026
All of this coincides neatly with my "Schools, Race, Money" class tomorrow on Resegregation. I've always assigned NHJ's 2016 piece as part of the reading; this time, the 2026 piece as well.
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Andy Famiglietti @afamiglietti.org · 27/09/2026
Student journalists have been heroes over the past ten years and the fact that we have allowed the world to reach a state where hardly any of them will be able to serve communities as journalists after they graduate is something we should all feel shame about
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Roger Parloff @rparloff.bsky.social · 26/09/2026
Inhumane civil confinement violates Due Process if officials manifest “deliberate indifference” or the conditions are “punitive.” Judge Kaplan found both. Evidence suggested that “harsh conditions” were “a deliberate feature” to incentivize self-deportation. 5/5
Asthis Court explained when it issued the PI, the administration's actions with respect
to noncitizens illegally present in the country and the conduct by ICE staff and contractors at 26 Fed
"suggest that harsh conditions of confinement are a deliberate feature" of the administration's massdeportation program 49 That conclusion has been reinforced by passage of time and the full development of the record. Since this Court issued the PI, the administration has continued to
attempt to detain and deport as many noncitizens illegally present in the country as possible, as fast
as possible, and with as little procedure as possible. Part of that program has been its self-deportation
project, which, as the administration has described it, "offers illegal aliens a choice: leave voluntarily with [flederal support and financial assistance or face strict enforcement and penalties. '500 That the
harsh conditions of confinement at 26 Fed are one aspect of this "strict enforcement and penalties" is supported by the fact that ICE has papered walls and windows on the fifth, ninth, and tenth floors with flyers asking detainees, "Do You want to Return Home?" and incentivizing them with money to "[a]sk[] to return home now." These flyers serve as an ever-present visual reminder of the
Hobbesian choice posed to detainees and described by an ICE officer at 26 Fed: self-deport or
"remain detained" for years.
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Roger Parloff @rparloff.bsky.social · 26/09/2026
No changes of clothes. Clogged toilets. Inadequate food. Inadequate menstrual products. No medical staff at night. Asthma attacks. Withdrawals. Dementia. Inadequate medical screening. A detainee held for 6 days at peak overcrowding later tested positive for tuberculosis. 4/5
The medical precautions and care ICE provided to detainees during the summer of
2025 also was inadequate.
To begin, ICE regularly detained in the hold rooms individuals who were unfit for
detention in such crowded conditions or for detention at all. For example, at the peak of the overcrowding in early July 2025, ICE held a detainee who subsequently tested positive for tuberculosis for six days in the tenth-floor hold rooms.? ICE on those days held at least 70 and at
most 170 detainees across the four hold rooms, thus exposing some significant number of people every day to that detainee in extremely close quarters?
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Roger Parloff @rparloff.bsky.social · 26/09/2026
In early 2025, the 10th floor holding cells at NYC's 26 Federal Plaza held <10 people. By May 2025: 40–70. On 7/1/25, at least 175. On 8/8/25, the day suit was filed, ICE was anticipating ~200. Kaplan’s restraining order stopped that. The peak was disputed. Plaintiffs said it was 193. 3/5
Plaintiff asserts that the number of detainees held at one time "peaked at 193 individuals on July 3, 2025." Pl.'s Bench Trial Mem. (Dkt 166-1) at 4. As discussed later, defendants contest the accuracy of the data on which plaintiff relied. The Court need not address that dispute now because the evidence establishes that ICE detained at least 175 individuals on July 1, 2025, PX315, at ICE-B-000775, and contemplated having to hold "close to 200 detainees in NYC hold throughout the weekend" of August 8, 2025, PX7. In any event, the diagrams here are provided for demonstrative purposes only.
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Roger Parloff @rparloff.bsky.social · 26/09/2026
The ICE holding cells in NYC were designed to keep people no longer than 12 hrs. They had no showers, no beds, no cots, no windows. Nevertheless, by May 2025, ICE upped the duration cap to 72 hrs. Yet people were held longer: 5 days. 9.5 days. 10 days. 2/5
Hold Room 1 (820.78 sq. ft.)
With 87 people
(out of 193 people total)
All Sitting
Diagram showing the same with each detainee sitting down. PX303, Ex. 1.
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Roger Parloff @rparloff.bsky.social · 26/09/2026
When Trump launched “the largest deportation operation in the history of our country” without ICE facilities to accommodate it, inhumane overcrowding was inevitable. Judge Kaplan’s 9/24 ruling shows the results. Diagrams simulating a NYC holding cell in Aug 2025 look like slave ships. 1/5
Hold Room 1(820.78 sq. ft.)
With 87 people
(out of 193 people total)
Lying Down/Sitting
Diagram showing the largest tenth-floor hold room containing eighty-seven detainees in which each rectangle represents one lying-down detainee with the average height and shoulder width of an adult man and each circle represents one sitting-down detainee with the average shoulder width of an adult man. PX303, Ex. 1.
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KSV @ksvesq.bsky.social · 26/09/2026
The Sun Editorial Board sums this up better than I ever could: www.cornellsun.com/article/2026...
cornellsun.com
EDITORIAL | Cornell Won’t, We Will
The Editorial Board demands that Cornell stops protecting the alleged Chi Phi rapists through the University's opaque sexual assault policies.
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Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 26/09/2026
You have to actively train people not just to tolerate difference but to seek it out as a positive thing, knowing that it will create productive friction in a team. The desire for smoothness and sameness is a deep and abiding but harmful intuition, and results in pernicious systemic outcomes.
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Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 26/09/2026
Trying not to jump too hard into the iced coffee/job interview discourse BUT. One of the hardest things to insulate hiring practices from is the ‘just like me’ problem. In large scale, it’s race, gender, fatness, etc, in small scale it’s coffee, necktie, hair color etc disguised as professionalism.
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Sarah Fackrell @design-law.bsky.social · 26/09/2026
Las Vegas, here I come!
WIPIP submission page. They asked for a brief description of the presentation. I entered: "Everyone is reading the first design patent wrong. Here is why it matters."
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Dalindyebo Shabalala (he/him) @dyebo.bsky.social · 26/09/2026
Trying not to jump too hard into the iced coffee/job interview discourse BUT. One of the hardest things to insulate hiring practices from is the ‘just like me’ problem. In large scale, it’s race, gender, fatness, etc, in small scale it’s coffee, necktie, hair color etc disguised as professionalism.
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Kate Jackson @katejackson.bsky.social · 25/09/2026
TL:DR: "all you need is practice experience to teach law" is part of the ideological cover used by an authoritarian project to undermine important civil society institutions. So be careful where you use this argument, and be mindful of your audience.
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Kate Jackson @katejackson.bsky.social · 25/09/2026
Meanwhile, the argument undermines the legitimacy of scholarship, research, academic freedom. Critical thinking about the law is a selfish, self-indulgent practice by lazy people enjoying their sinecures.
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