Sign in

Dan Epps

@epps.bsky.social
4.5K followers 262 following 131 posts

Howard and Caroline Cayne Distinguished Professor of Law, WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤 @dividedargument.bsky.social.

PostsRepliesMedia
Reposted by Dan Epps
Rick Hasen @rickhasen.bsky.social · 11/09/2026
#ELB: Read the Missouri Supreme Court’s Contempt Order electionlawblog.org/2026/read-the-m…
0145
Reposted by Dan Epps
KProfsBlog @kprofsblog.bsky.social · 24/08/2026
With help from @williambaude.bsky.social and @epps.bsky.social and their @dividedargument.bsky.social podcast, today’s post explores the law of appeals waivers in plea bargains as articulated in SCOTUS’s Hunter opinion from this year. www.contractsprofblog.com/2026/08/plea...
contractsprofblog.com
Plea Bargains as Contracts
I mentioned in Friday’s post that today’s post is indebted to the Divided Argument Podcast. I try to follow the U.S. Supreme Court (SCOTUS) pretty
132
Reposted by Dan Epps
Adam Bonica @adambonica.bsky.social · 17/08/2026
I wrote this because most journalists facing this pressure can’t. The paper we count on to check authoritarianism spiked an investigation into the Democratic Party because the party’s lawyers threatened to sue. Holding authoritarians accountable starts with holding your own side accountable.
data4democracy.substack.com
With Fear and Favor
Institutions don’t have courage. They have incentives.
26633227
Dan Epps @epps.bsky.social · 31/07/2026
depends a lot on what you mean by "common law"—that term has many meanings. Sometimes it's a mode of interpretation, sometimes it means the old English common law. Our theory = principles of modern common law, in the sense that they are truly "common" today
100
Dan Epps @epps.bsky.social · 31/07/2026
Thrilled that my and @donfro.bsky.social's new paper, "Constitutional Rights and General Private Law," will be in the Harvard Law Review next year. It's a sequel to our 2023 Yale L.J. piece, "The Fourth Amendment and General Law." We need to revise, so no @SSRN yet, but here's the abstract:
2103
Reposted by Dan Epps
Shalev Gad Roisman @shalevroisman.bsky.social · 29/07/2026
New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
papers.ssrn.com
Fact Avoidance
<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for
59644
Dan Epps @epps.bsky.social · 19/07/2026
Zotero law people: I just pushed version 1.3 of the Citations Fixer plugin. It fixes recurring citation issues that the style file can't handle. Check it out: danepps.github.io/zotero/blueb...
danepps.github.io
Bluebook Citations Fixer
Bluebook rule fixes for Zotero citations
0223
Dan Epps @epps.bsky.social · 01/07/2026
Compare to Article I: "The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided." I'd be inclined towards your reading.
110
Dan Epps @epps.bsky.social · 01/07/2026
"Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by *a majority vote of both Houses of Congress*." Depends on how you define "majority," I guess.
110
Dan Epps @epps.bsky.social · 28/06/2026
Our latest, with more to come this week as the SCOTUS opinion dump wraps up.
150
Reposted by Dan Epps
Dr Vanessa @hpsvanessa.bsky.social · 19/06/2026
Secondly, and perhaps a bit niche but a lifesaver for those who need it, this #DigitalFriday plug in for law scholars using zotero bsky.app/profile/epps...
032
Dan Epps @epps.bsky.social · 18/06/2026
Very proud of @donfro.bsky.social for her election to the American Law Institute! www.ali.org/members/memb...
ali.org
Member Directory
060
Reposted by Dan Epps
Benjamín Schultz-Figueroa @benjaminschultzfig.bsky.social · 08/06/2026
Yeah, it's probably not a great sign of higher-ed's stability and longevity that every few years there's a new flash-in-the-pan technology or subfield of study that all the funding gets funneled towards until another shiny object comes along.
29918
Reposted by Dan Epps
Dan Epps @epps.bsky.social · 09/06/2026
Law folks using Zotero: I'm ready to release my "Bluebook Citations Fixer" plugin designed to address some recurring issues with law review citations that Zotero alone can't handle. Download and instructions at link below. danepps.github.io/zotero/blueb...
danepps.github.io
Bluebook Citations Fixer
Bluebook rule fixes for Zotero citations
74815
Dan Epps @epps.bsky.social · 09/06/2026
Law folks using Zotero: I'm ready to release my "Bluebook Citations Fixer" plugin designed to address some recurring issues with law review citations that Zotero alone can't handle. Download and instructions at link below. danepps.github.io/zotero/blueb...
danepps.github.io
Bluebook Citations Fixer
Bluebook rule fixes for Zotero citations
74815
Dan Epps @epps.bsky.social · 31/05/2026
That has never worked for me. So my workflow is to just get the article name on westlaw, paste it into Google scholar, and then follow a link to JSTOR/Hein and grab the article (and PDF) from there.
020
Dan Epps @epps.bsky.social · 19/05/2026
I had a great time on NPR's 1A talking about SCOTUS reform with @kateshaw.bsky.social and @aliciabannon.bsky.social this morning. Link: the1a.org/segments/if-...
the1a.org
If You Can Keep It: Reforming the Supreme Court, part 2
We talk more about what’s possible and answer more questions.
081
Reposted by Dan Epps
Marin K. Levy @marinklevy.bsky.social · 17/05/2026
Divided Argument 🎙️ in the wild . . . @williambaude.bsky.social @epps.bsky.social #ALI
1113
Dan Epps @epps.bsky.social · 07/05/2026
New @dividedargument.bsky.social episode: "Majordoma" We take a medium-deep dive into LA v. Callais. dividedargument.com/episode/majo...
dividedargument.com
Majordoma | An unscheduled, unpredictable Supreme Court podcast.
The Court’s latest Voting Rights Act decision, Louisiana v. Callais , narrows Section 2 in a way that could reshape redistricting, weaken majority-minority...
020
Reposted by Dan Epps
Dru Stevenson @drustevenson.bsky.social · 05/05/2026
Law profs - ICYMI, @washulawreview.bsky.social just posted a Call for Papers on Scholastica for their upcoming Symposium on "The Many Faces of the State." What a great idea for a symposium - very timely and innovative.
0115
Reposted by Dan Epps
Divided Argument @dividedargument.bsky.social · 29/04/2026
🎙️ New episode: "Even Eve-ier" We cover leaked SCOTUS memos, shadow docket reversals, Sotomayor's Kavanaugh apology, and a contractor preemption case narrowing a Scalia opinion. dividedargument.com/podcast/divided…
111
Dan Epps @epps.bsky.social · 19/04/2026
Yes, I found that quite annoying. I still use prefixes for signals (per the signals plugin) but I don't think the suffix field is well designed for a lengthy parenthetical.
000
Dan Epps @epps.bsky.social · 19/04/2026
Yeah, I modified the style so that the periods aren't automatically inserted to make it possible to add parentheticals after cites manually.
100
Dan Epps @epps.bsky.social · 19/04/2026
My style is only bluebook. For Zotero, you use a distinct style file for distinct sets of rules. Someone else may have produced a style for Cal but not sure. If you're comfortable with/ Claude Code you could fork and modify this style easily. This is more useful for scholarship than cases FWIW.
020
Dan Epps @epps.bsky.social · 19/04/2026
Unfortunately, there are some features of legal cites that aren't possible to implement using a CSL style. (For example, generating "hereinafters" for two cites by the same author in the same FN. I'm working on some plugins that might fix that (using Claude ofc). Please flag other things like that!
020
Dan Epps @epps.bsky.social · 19/04/2026
It's linked on that page, but I've also updated a plugin that lets you insert properly formatted signals in cites. danepps.github.io/zotero/
danepps.github.io
Zotero Plugins — Dan Epps
A plugin to enable an easy drop-down menu for inserting Bluebook signals when using Zotero in Microsoft Word. Based on code designed by Frank Bennett.
010
Dan Epps @epps.bsky.social · 19/04/2026
I'm fairly confident this one won't do that!
210
Dan Epps @epps.bsky.social · 19/04/2026
Law profs/students/anyone doing legal scholarship: If you're not using @zotero.org to manage cites and research, you should. An unbelievable time saver. I've revised the Bluebook style for rendering footnotes, w/ detailed instructions on using Zotero: danepps.github.io/bluebook/
danepps.github.io
Bluebook Style — Epps Version
A Bluebook CSL citation style for Zotero, customized by Prof. Daniel Epps.
4356
Dan Epps @epps.bsky.social · 02/04/2026
Agree or disagree: the length of a dissent is inversely related to its persuasiveness.
650
Reposted by Dan Epps
Joseph Fishman @jpfishman.bsky.social · 24/03/2026
Some big professional news: I’m thrilled to be joining the amazing faculty at @fordhamlawnyc.bsky.social this fall! 🧵
4343
Dan Epps @epps.bsky.social · 10/03/2026
For more on my and @willsortman.bsky.social's Defender General, see this NYT article by @adamliptak.bsky.social: www.nytimes.com/2020/01/27/u...
nytimes.com
A Proposal to Offset Prosecutors’ Power: The ‘Defender General’ (Published 2020)
041
Dan Epps @epps.bsky.social · 10/03/2026
A great development, but I disagree w/ the article's claim that this is totally different from my & @willsortman.bsky.social's "Defender General." This helps w/ problems we identified & resembles our proposal even if it doesn't go far enough. Article here: repository.law.upenn.edu/Documents/De...
051
Reposted by Dan Epps
Matthew Lawrence @mblawrence.bsky.social · 07/03/2026
At the 2026 National Conference of Constitutional Law Scholars. The Rehnquist Center at Arizona Law puts together a great program. Neat to see tomorrow’s debates forming…and the sunsets aren’t bad.
3205
Dan Epps @epps.bsky.social · 26/02/2026
I am 43 years old. I would like to think that if 13-year-old me could see the life I would build three decades hence, he would be pleased.
0200
Dan Epps @epps.bsky.social · 14/01/2026
I very much appreciate Mark’s engagement and think he makes some good points worth reading!
040
Dan Epps @epps.bsky.social · 14/01/2026
New post from me on the @dividedargument.bsky.social blog: "Case v. Montana and the General Law Approach to the Fourth Amendment" blog.dividedargument.com/p/case-v-mon...
blog.dividedargument.com
Case v. Montana and the General Law Approach to the Fourth Amendment
Justice Gorsuch seems to look to modern general law to flesh out the content of the Fourth Amendment in today's Fourth Amendment decision.
020
Dan Epps @epps.bsky.social · 14/01/2026
What you want today: Tariffs, Voting Rights What you’ll (probably) get instead: USPS v. Konan (liability for undelivered mail); Coney Island Auto Parts (time limits for motions to set aside void judgments)
010
Reposted by Dan Epps
Divided Argument @dividedargument.bsky.social · 13/01/2026
NEW EPISODE: "The Marshal and the Margarine" We catch up on Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state criminal jurisdiction over federal officers, and some recent online discourse. dividedargument.simplecast.com/episodes/the...
dividedargument.simplecast.com
The Marshal and the Margarine | Divided Argument
We're back with the first episode of the new year, breaking down the interim docket opinion/order in Trump v. Illinois, the national guard case, after first warming up with new Erie scholarship, state...
051
Dan Epps @epps.bsky.social · 09/01/2026
Sorry I thought you meant a suit against the agent personally as an alternative to criminal charges against him. If FTCA I think the best path would be to style as an international tort subject to the law enforcement proviso
110
Dan Epps @epps.bsky.social · 09/01/2026
Why wouldn’t this be barred by the Westfall Act?
100
Dan Epps @epps.bsky.social · 09/01/2026
When you’re waiting for huge opinions, never, ever underestimate the Court’s ability to disappoint you.
181
Dan Epps @epps.bsky.social · 08/01/2026
If you entirely lack the relevant context, it might be best to sit this one out rather than jumping in to try to contradict based on vibes. I stand by what I said, I have good reason to say it, and my goal is to encourage my peers to engage in ways that are socially productive
000
Dan Epps @epps.bsky.social · 08/01/2026
I took Mark's post as essentially saying it's not worth engaging even with folks left of center if they're not 100% with the program 100% of the time.
010
Dan Epps @epps.bsky.social · 08/01/2026
But (1) we need also to keep our side honest and rigorous and (2) try to not only speak to our ingroup in a way that alienates good-faith folks with different values.
320
Dan Epps @epps.bsky.social · 08/01/2026
I am absolutely good with calling out low quality/politically motivated work and I hope I wasn't read as saying otherwise. I spend less time doing that because (1) much of it isn't in my core areas of expertise and (2) a lot of folks have that covered.
110
Dan Epps @epps.bsky.social · 07/01/2026
🤷‍♂️I try to talk to a lot of folks outside that bubble, even if _policy_wise I'm more of a centrist. I think preferring one set of policies is not the same thing as preferring to live in a bubble where you don't interact with people who don't share your views.
100
Dan Epps @epps.bsky.social · 07/01/2026
that also seems bad?
100
Reposted by Dan Epps
Chad Oldfather @oldfatherc.bsky.social · 07/01/2026
The entire thread is worth your time. The portion around and including this post gets at a point I tried to make in my book - the less common ground within the profession about what the rule of law entails, the less likely we are to be able to sustain the rule of law.
071
Dan Epps @epps.bsky.social · 07/01/2026
No...I think it's a genuinely hard question (what to do about X). I struggle with it. Sort of a collective action problem in that a lot of folks I respect are there still.
010
Dan Epps @epps.bsky.social · 07/01/2026
Ok, in the sense that there are certain kinds of political principles that should be applied consistently?
100