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Joanna Schwartz

@jcschwartzprof.bsky.social
9.4K followers 650 following 257 posts

Honorable Harry Pregerson Professor of Law, UCLA. Civil rights, police accountability, civil procedure. Author of Shielded: How the Police Became Untouchable (2023). Learn more at: joannaschwartz.net

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Reposted by Joanna Schwartz
Eve Brensike Primus @primuseve.bsky.social · 26/09/2026
Attn: @umichlaw.bsky.social and @mdefenders.bsky.social is hiring a Clinical Assistant Professor of Law/Associate Director for the new MDefenders Center for Public Defense. Job posting here: careers.umich.edu/job_detail/2.... Come work w/me to train the next generation of public defenders!
careers.umich.edu
Clinical Assistant Professor of Law and Associate Director MDefenders Center for Public Defense | U-M Careers
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Greg Sargent @gregsargent.bsky.social · 26/09/2026
Trump is raging at news orgs for refusing to cover his reception of Xi after he banned three from the White House. The real lesson here: When institutions join together to resist his abuses of power it actually works, sending him into a helpless fury. New from me: newrepublic.com/article/2158...
newrepublic.com
Trump’s Angry Tirade Over Failing Press Ban Reveals His Achilles’ Heel
Trump is furious that news organizations are fighting back against his vile efforts to punish their colleagues—because collective resistance to his authoritarianism actually works.
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Helen @helenmaryme.bsky.social · 23/09/2026
🤣😆❤️
Chalkboard sign posted outside an ice cream shop. The word "ice cream" is written with an arrow pointing to the shop door. The words "cruel world" are posted with the arrow pointing out to the world at large.
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CJ Ciaramella @cjciaramella.bsky.social · 23/09/2026
Latest: Last month I reported on extreme overcrowding at an ICE field office in Miramar, Florida. Now an ICE whistleblower has provided House Oversight Democrats with photos of detainees being held in the facility's sally port reason.com/2026/09/22/w...
reason.com
Whistleblower photos show ICE detainees in Miramar, Florida, amid extreme overcrowding, overflowing toilets
The facility has a capacity of 56 but reportedly held as many as 342 detainees, with some sleeping on garage floors and using overflowing toilets.
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Gillian Brockell @gillianbrockell.com · 21/09/2026
This will make it nearly impossible to file habeas petitions, because attorneys won’t even know what federal district their client has been moved to to stage for their removal. Something like a third of all people in ICE custody. apnews.com/article/ice-...
apnews.com
AP Exclusive: ICE hides locations of thousands of detainees with final removal orders
U.S. Immigration and Customs Enforcement has stopped publicly revealing where it is holding most detainees who are subject to final deportation orders, in a move that has made it harder for lawyers an...
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Ryan Doerfler @ryandoerfler.bsky.social · 17/09/2026
Please consider signing this letter from law professors responding to UCLA Chancellor Julio Frenk's troubling remarks about the recent 9/11 Conference at UCLA School of Law. docs.google.com/document/d/1...
docs.google.com
Law Professor Statement on 9/11 Conference at UCLA School of Law
Law Professor Statement on 9/11 Conference at UCLA School of Law We join the forthcoming call by members of the UCLA law faculty for Chancellor Julio Frenk to retract his recent comment on an event t...
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Taniel @taniel.bsky.social · 16/09/2026
NEW: In rural, red Florida, a sheriff put up a network of Flock surveillance cameras without in any way informing residents. Just as we were reporting on what's going on, poof, the tide turned & he announced he was disbanding it. A fascinating window on sudden rush to oppose Flock in some of GOP.
boltsmag.org
A Rural Florida County Quietly Built a Flock Camera Network. Now It's Dismantling It. - Bolts
Just outside of Tallahassee, nestled among rolling hills and pecan groves of Florida’s Big Bend region, Jefferson County is one of the most rural parts of the state. With only... Read More
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The Marshall Project @themarshallproject.org · 16/09/2026
In 1971, the Supreme Court opened a small legal window to sue federal law enforcement in the case of Bivens v. Six Unknown Federal Narcotics Agents. www.themarshallproject.org/2026/09/08/m...
themarshallproject.org
ICE Wrongfully Arrested Him. Will His Lawsuit Change How Courts Hold Agents Accountable?
As courts winnow legal path to sue federal officers, attorneys search for new avenues in state law.
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Joanna Schwartz @jcschwartzprof.bsky.social · 16/09/2026
@pamelacolloff.bsky.social’s Catch the Devil and @praddenkeefe.bsky.social’s London Falling are two of the very best explorations of the criminal justice system’s pathologies - and two of the best nonfiction books, period - that I have read in a long, long time.
praddenkeefe.bsky.xn--socials-d36c
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Daphna Renan @daphnarenan.bsky.social · 15/09/2026
Supremacy is out today! Join @nikobowie.bsky.social and me for a virtual book talk with the great @adamserwer.bsky.social tonight at 7 pm EST.
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Danny Wilf-Townsend @dannywt.bsky.social · 15/09/2026
After reading this, I wanted to know what the numbers would look like with more recent draft law review articles posted to SSRN. So I put a sample of 200 of them through Pangram 4, and found 57 papers with some AI use, 36 of which had >5% of their text from AI: wilftownsend.net/how-many-rec...
wilftownsend.net
How many recently drafted law review articles are written with AI? A quick examination.
AI use in legal scholarship may not be the most important AI topic being discussed these days, but it is having a moment in the corners of the world that care about these things. Julian Nyarko has an ...
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Niko Bowie @nikobowie.bsky.social · 15/09/2026
THANK YOU to everyone who packed @harvardbookstore.bsky.social last night to help @daphnarenan.bsky.social and me launch Supremacy. It's out today! Buy it at your local bookstore or readsupremacy.com.
Daphna, me, and a room full of friends at Harvard Book Store
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Rick Hasen @rickhasen.bsky.social · 15/09/2026
Breaking: Supreme Court, with Justices Thomas and Alito Publicly Dissenting, Continue Block on USPS Rule Through the Midterm Elections [Now updated with Analysis] electionlawblog.org/2026/breakin...
electionlawblog.org
Breaking: Supreme Court, with Justices Thomas and Alito Publicly Dissenting, Continue Block on USPS Rule Through the Midterm Elections [Now updated with Analysis] #ELB
You can find the ruling at this link. The Supreme Court, with the noted dissents of Justices Kavanaugh and Thomas, has rejected the government’s mendacious attempt to put its USPS mail ballot rule in ...
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Joey Fishkin @fishkin.bsky.social · 14/09/2026
When future President John Adams walked into court to defend the British soldiers who committed the Boston Massacre, he knew he was laying down a marker for future generations about what the rule of law is. Julio Frenk, chancellor of my university, unfortunately missed that lesson and a few more.
latimes.com
UCLA chancellor rebukes law school event with 9/11 'mastermind' attorney; organizers push back
After a UCLA law school symposium on 9/11 that featured an attorney who represented alleged 9/11 'mastermind' Khalid Sheikh Mohammed, UCLA Chancellor Julio Frenk issued a rare message distancing the u...
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Joanna Schwartz @jcschwartzprof.bsky.social · 11/09/2026
There are so many outrageous qualified immunity decisions out there - but this one, ruling officers who pinned a woman down on a hill of fire ants while handcuffed were entitled to qualified immunity because there was no other case in which officers were so depraved, is beyond the pale.
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Radley Balko @radleybalko.bsky.social · 10/09/2026
Here's a gift link to my 9/11 essay in the NYT. Civil libertarians long warned that before giving government new powers, we should consider how an administration with authoritarian ambition might abuse them. We were told that America was too exceptional to elect such a person. Well here we are.
nytimes.com
Opinion | Civil Libertarians Knew This Would Happen. We Should Have Listened. (Gift Article)
The civil libertarians’ warnings have come true.
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CJ Ciaramella @cjciaramella.bsky.social · 08/09/2026
My giant cover story for the latest issue of Reason is online! My goal was to write a readable history of US prisons. I visited the Angola prison rodeo, interviewed a guy whose life sentence was overturned, and talked to historians about our shifting attitudes about crime reason.com/2026/09/08/t...
reason.com
The American prison experiment: A 250-year history of good intentions and bad results
A strange trip through the U.S. prison system's never-ending cycle of failure and reform
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State Democracy Research Initiative @uwlawdemocracy.bsky.social · 04/09/2026
In a newly published essay in Northwestern U. L. Rev., @miriamseifter.bsky.social & @bgodar.bsky.social examine how state constitutional principles inform permissible state court reforms and highlight recent legislative efforts at odds with these principles. go.wisc.edu/g3786t
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Andrew Jennings @andrewkjennings.com · 03/09/2026
Thus far dozens of state and metro bar associations, AmLaw 200 firms, and smaller firms have signed up for the PracticalScholarship.com digest. I'll send out the first digest later this month. If you'd like to present your practice-relevant scholarship to practitioners, please submit at this link!
practicalscholarship.com
PracticalScholarship.com
A free monthly email digest connecting CLE managers with legal scholars available to present their research.
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Joey Scott @joeyneverjoe.bsky.social · 02/09/2026
I received an influx of new followers so now's a good time to reintroduce myself. I'm a freelance investigative journalist that covers policing and injustice here in Los Angeles. Over the past ~5 years, I've reported on jails, police violence, surveillance, and protests.
A photo of me, wearing a white helmet. I have a smug grin on my face as I hold my press pass up to the camera. I'm wearing a black shirt with a gun on it and a camera strap around my neck. Behind me are other people wearing helmets.
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Barred and Boujee aka Madiba Dennie @audrelawdamercy.blacksky.app · 02/09/2026
whether it's mail ballots, the godforsaken ballroom, or one of Trump's other lawless schemes, the GOP justices have the same move: shield Trump from substantive review by keeping lower courts mired in procedural BS, thus prolonging lawbreaking as long as possible ballsandstrikes.org/scotus/trump...
ballsandstrikes.org
How the Supreme Court Helps Trump Run Out the Clock
A president who loves breaking the law is very lucky to have a Supreme Court that gives him the time he needs to do it.
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Sherrilyn Ifill @sifill.bsky.social · 01/09/2026
BREAKING: Devastating new report from @humanrightswatch documents the dismantling of civil rights enforcement in the year and a half since Trump took office. “This report documents what was lost and what it is costing the victims of discrimination.” www.hrw.org/report/2026/...
hrw.org
Remedies Abandoned
The 112-page report, “Remedies Abandoned: US Civil Rights Enforcement Under the Trump Administration,” documents the administration’s efforts to unravel the work of four key agencies between January 2...
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Thomas Frampton @tframpton.bsky.social · 01/09/2026
Apologies for the self-promotion, but I wrote a cool short essay on how Batson v. Kentucky was decided (in 1986) based on the papers of 7 of 9 justices involved. We can learn a TON when these archives are open. kb.osu.edu/server/api/c...
kb.osu.edu
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WuTangIsForTheChildren @wutangforchildren.bsky.social · 26/08/2026
Buckingham Palace band playing 9 to 5 for Dolly Parton
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Magdalena Skipper @magdalenaskipper.bsky.social · 22/08/2026
90% of biomedical papers published in December and archived in PubMed now show signs of AI help, according to a new preprint It’s important we realise it but are we really surprised? 🧪 @nature.com www.nature.com/articles/d41...
nature.com
Staggering 90% of biomedical papers now show signs of AI help
The figure, which is much higher than previous estimates of Large Language Model use, is for papers published in December and archived in PubMed
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Bailey Barnes @baileydbarnes.bsky.social · 20/08/2026
My article, Qualified Immunity’s Safety Valve: The Obvious Violation Exception, is forthcoming in the Fordham Law Review. The abstract is below, and I hope to post the draft to SSRN soon. I am happy to send it to anyone interested.
QUALIFIED IMMUNITY'S SAFETY VALVE:
THE OBVIOUS VIOLATION EXCEPTION
Antonio Smith spent twenty-three hours locked naked in a frigid prison cell. When he sued, the Seventh Circuit dismissed his claim based on qualified immunity because no prior case clearly established that Smith's treatment was unlawful.
By requiring plaintifts to produce comparator precedent to demonstrate that a right was clearly established, qualified immunity allows officers to evade liability if their misconduct is novel. However, the Supreme Court has twice stated that factually similar precedent is not always needed to overcome qualified immunity when faced with obvious violations of the Constitution. This is the obvious violation exception to qualified immunity (OVE).
This Article makes the case that the OVE is a necessary mechanism for ensuring constitutional accountability, that its expanded use is justified by existing qualified immunity doctrine, and that consistent application of the exception is critical to a functioning system of constitutional torts. The OVE serves as qualified immunity's safety valve by preventing individual government defendants from evading liability solely because of the novelty of their misconduct.
Despite its importance, lower courts have inconsistently analyzed the OVE. Building on my prior empirical study of how Lower courts use the OVE, this Article distills three hallmarks of obvious violations: a clear constitutional standard, a violation of obvious clarity as demonstrated by particularly egregious facts, and the absence of extraordinary factors counseling against invoking the OVE. This Article advocates for lower courts to more consistently use the OVE by looking for these hallmarks when litigants raise the exception. Doing so can disincentivize misconduct and promote constitutional development.
Assuming qualified immunity is here to stay, its worst examples should be mitigated. More consistent use of the OVE by lower courts can help achieve that goal.
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David A. Simon @davidasimon.bsky.social · 18/08/2026
Publication day. Data Distortions @texaslr.bsky.social demonstrates how data presentation is often just as important as data production using the case of medical device adverse event reporting. texaslawreview.org/data-distort...
texaslawreview.org
Data Distortions | Texas Law Review
Introduction Law can generate data in two principal ways.[1] First, creating law generates data. Legislatures hold hearings, write reports, and pass laws. Agencies issue notices, take comments, and pr...
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Joanna Schwartz @jcschwartzprof.bsky.social · 15/08/2026
@uwlawdemocracy.bsky.social has a terrific explainer about how states can legally pass legislation to create a right to sue federal officers (and terrific explainers about all sorts of other stuff, so take a look): statedemocracy.law.wisc.edu/our-work/sta...
statedemocracy.law.wisc.edu
State-Created Damages Remedies Against Federal Officials
Victims of unconstitutional federal actions often have difficulty recovering money damages for their injuries. This Report discusses a potential remedial…
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Joanna Schwartz @jcschwartzprof.bsky.social · 15/08/2026
As ICE is poised to buy $20 million worth of torture gloves, it bears repeating that federal officers are far more protected from legal accountability than state/local officers, and that Congress and the states can and should pass legislation to correct this error.
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Mother Jones @motherjones.com · 15/08/2026
The gloves, manufactured by a company called Compliant Technologies, have been described by groups like Amnesty International as “readily misused for torture.” And this week, ICE published a plan to order $20 million worth of them.
motherjones.com
The Orwellian Company Behind ICE’s New Electric Shock Gloves
“With a glove, there are no burn marks or scars.” That makes it hard for victims to sue.
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MeidasTouch @meidastouch.com · 14/08/2026
🚨EXCLUSIVE: Military families and service members are now describing horrific conditions across MULTIPLE ships: human waste flooding bathrooms, virtually no food, water or soap, months without port calls, exhausted crews, and no end in sight. This crisis is far bigger than just the Lincoln.
meidasnews.com
Not Just the Lincoln: Families Describe Human Waste, No Food, No End in Sight Across Multiple Ships
Since MeidasTouch began reporting on conditions aboard the USS Abraham Lincoln, messages have poured in to MeidasTouch from military families and service
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Orin Kerr @orinkerr.bsky.social · 13/08/2026
No QI on unlawful frisk claim, per CA7: No officer could believe there was reasonable suspicion that the suspect was armed and dangerous on these facts. media.ca7.uscourts.gov/cgi-bin/Opin...
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Orin Kerr @orinkerr.bsky.social · 11/08/2026
Thanks to @lsolum.bsky.social for the "Highly Recommended!" You can read the paper here: papers.ssrn.com/sol3/papers....
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Dan Froomkin/Press Watch/Heads Up News @froomkin.bsky.social · 13/08/2026
A hugely consequential disaster for the country: The Trump administration has gutted federal civil rights enforcement in the United States, leaving the people the laws were built to protect without adequate remedies, @hrw.org reports. www.hrw.org/news/2026/08...
hrw.org
US: Federal Agencies Abandon Civil Rights Duties
The Trump administration has gutted federal civil rights enforcement in the United States, leaving the people the laws were built to protect without adequate remedies.
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Joanna Schwartz @jcschwartzprof.bsky.social · 12/08/2026
My forthcoming @uclalawreview.bsky.social article reports officers paid <.05% of settlements and judgments against them from 2018-23. This is consistent w/my earlier study, though I also find subtle differences that should inform policies/practices. Comments welcome! papers.ssrn.com/sol3/papers....
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Leah Litman @leahlitman.bsky.social · 11/08/2026
More info on those Kavanaugh stops:
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Ciara Torres-Spelliscy @profciara.bsky.social · 12/08/2026
🤨⚡🧊 Well this will make Kavanaugh Stops much, much worse. #kavanaughstops
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Jack Mirkinson @jackmirkinson.bsky.social · 11/08/2026
Today in @thenation.com: a harrowing piece written from inside the Dilley ICE detention center by Maryam Tahmasebi, a green card holder who's been locked up along with her husband and son for months despite none of them committing any crime. www.thenation.com/article/soci...
thenation.com
One Woman’s Message From the Hell of ICE Detention
My husband, son, and I have been locked up for months—despite being permanent residents with no criminal record. It is an unendurable, unending nightmare.
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Kyle Cheney @kyledcheney.bsky.social · 10/08/2026
NEW: We’ve spent a year tracking ICE’s massive expansion of detention for people with years-long ties to the U.S. It has strained courts, wrecked lives and been widely deemed illegal. Our report, based on interviews with judges, detainees and attorneys: www.politico.com/news/2026/08...
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American Oversight @americanoversight.org · 07/08/2026
ICE is planning to make sure field agents have body cams by the end of September. But its policy to only release footage that is in the agency’s “best interest” means taxpayers may be paying millions for cameras without benefitting from their oversight. apnews.com/article/ice-...
apnews.com
ICE will release body camera video only when seen in the agency’s ‘best interests,’ policy says
Immigration and Customs Enforcement is moving to equip officers with body cameras in the next two months but the public should not expect to quickly see footage of every critical incident.
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Raffi Melkonian @rmfifthcircuit.bsky.social · 08/08/2026
There's a lot of messed up state justice systems, but Louisiana is on a whole different level. (Exhibit #6432)
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Bolts @boltsmag.org · 06/08/2026
Several new laws aimed at restricting ICE operations took effect in Maine last week, following the high-profile killing of an immigrant by a federal agent in Biddeford last month.
mainemorningstar.com
New restrictions on state involvement in immigration enforcement take effect Wednesday • Maine Morning Star
As President Donald Trump’s immigration enforcement tactics face renewed scrutiny after the fatal shooting of a man in Biddeford, new Maine laws take effect Wednesday that restrict local authorities’ cooperation and aim to rein in unlawful federal action.
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Tracy Jan @tracyjan.bsky.social · 06/08/2026
His conviction was thrown out after a prosecutor admitted he had failed to turn over key fingerprint evidence. Eligible for up to $480K in state compensation, he hasn't received a cent. The Louisiana attorney general has opposed 22 of 23 compensation claims by wrongfully convicted people.
propublica.org
He’s Eligible for Up to $480,000 After Being Wrongly Imprisoned for 42 Years. The State Says No.
Elvis Brooks’ case was an egregious example of a wrongful conviction, civil rights attorneys said. But Louisiana’s attorney general maintains that Brooks and other exonerees are guilty — and therefore...
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The Atlantic @theatlantic.com · 05/08/2026
See recent images of canine competitors riding the waves in surfing competitions for dogs, via The Atlantic Photo: theatln.tc/gzIZZkl2
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Leah Litman @leahlitman.bsky.social · 01/08/2026
Excited that my latest article Remedial Essentialism is going to appear in the University of Chicago Law Review at the end of 2026 (I think - or maybe it's 2027....)! @uchilrev.bsky.social papers.ssrn.com/sol3/papers....
Federal post-conviction review is not a single remedial system. It is a collection of distinct statutory and procedural mechanisms—including habeas corpus, motions under 28 U.S.C. §§ 2254 and 2255, compassionate-release motions, sentence-modification proceedings, Rule 35 motions, and relief under the First Step Act—each with its own text, history, purposes, and limits. Yet federal courts increasingly treat these discrete mechanisms as though they are variations on one narrow and fixed idea of post-conviction review. This Article identifies and analyzes that phenomenon, which it calls remedial essentialism.
Remedial essentialism occurs when courts invoke a fixed and assumed essence of post-conviction review—typically a restrictive one—to shape the interpretation of statutes that Congress enacted. Rather than beginning with the particular remedial mechanism before them, courts borrow limitations from one scheme to constrict another. They import detailed restrictions governing successive habeas petitions into § 2255 motions; treat § 2255 as a ceiling on the relief available under the First Step Act or compassionate release; and select narrow post-conviction baselines from which to infer that other remedial mechanisms must likewise be limited. These moves produce a one-way ratchet: Courts import restrictive features across schemes while declining to extend more generous features.
The Article makes three contributions. First, it documents a pervasive but underappreciated pattern of statutory convergence among post-conviction remedies, which are crucial mechanisms for correcting illegal convictions and sentences. Second, it expands the literature on remedial convergence. Existing accounts have largely focused on constitutional or common-law remedies and have attributed convergence either to judicial hostility toward particular remedies or to courts’ freedom to develop common law when neither explanation adequately accounts for convergence among distinct statutory remedies…
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Thomas Frampton @tframpton.bsky.social · 29/07/2026
Super normal stuff: Citing "extraordinary" misconduct, the other six members of the Louisiana Supreme Court have forced the Chief Justice to recuse himself from a case (after he refused to do so on his own).
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Erin Biba @erinbiba.bsky.social · 28/07/2026
If you have type-O positive blood and you can manage it, please consider donating blood *as soon as possible* - this is a very bad situation.
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Lawrence Solum @lsolum.bsky.social · 28/07/2026
Murray & Shaw on Direct Democracy After Dobbs Melissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted…...
legaltheoryblog.com
Murray & Shaw on Direct Democracy After Dobbs
Melissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted The Promise and Peril of Direct Democracy After Dobbs (Virginia Law Review, Vol. 112, p. 1, 2026) on SSRN. Here is the abstract: In Dobbs v. Jackson Women&#8217;s Health Organization, the Supreme Court announced that it was leaving the power to regulate abortion &#8220;to the people and their elected representatives.&#8221; In the wake of Dobbs, state-level &#8220;elected representatives&#8221; quickly got to work, resulting in dramatic changes to the abortion access landscape.
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Orin Kerr @orinkerr.bsky.social · 26/07/2026
Over at his personal blog, Emory Law Professor @matthewsag.bsky.social offers some very interesting thoughts on structuring law school exams in an era of AI and common extra-time accommodations. matthewsag.com/ai-accommoda...
matthewsag.com
AI, Accommodations, and Assessment Integrity – Matthew Sag
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Lawrence Solum @lsolum.bsky.social · 24/07/2026
Bagenstos on Reconstructing the Public Health State Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William & Mary L....
legaltheoryblog.com
Bagenstos on Reconstructing the Public Health State
Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William &amp; Mary L. Rev. ___ (forthcoming 2027)) on SSRN. Here is the abstract: The American public health system is in crisis. This Essay, presented as the 2026 Wythe Lecture at the William &amp; Mary Law School, argues that the crisis is not merely a story about Robert F.
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