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Joel Johnson

@joeljohnson13.bsky.social
2.3K followers 305 following 180 posts

Law Prof at Pepperdine -- Criminal Law and Procedure, Statutory Interpretation, Constitutional Law Research @ tinyurl.com/SSRNjsj

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Joel Johnson @joeljohnson13.bsky.social · 06/10/2026
Wonderful spot!
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Joel Johnson @joeljohnson13.bsky.social · 22/09/2026
Many thanks to @lsolum.bsky.social for "highly recommending" my new article, Legality Canons.
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Joel Johnson @joeljohnson13.bsky.social · 18/09/2026
We were just there over the summer and had a great time. For dinner, Zum weißen Rauchfangkehrer is excellent. Brezl Gwölb is a great lunch spot. Club Porgy & Bess is a fun jazz club for an evening out.
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Joel Johnson @joeljohnson13.bsky.social · 14/09/2026
Vanderbilt Law Review will be publishing my latest, “Legality Canons.” It argues for a new way to understand many of the so-called substantive canons that the Supreme Court now employs. 🔗 👇🏻
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Joel Johnson @joeljohnson13.bsky.social · 14/09/2026
Many thanks to @richardre.bsky.social, @aaronbruhl.bsky.social, @beidelson.bsky.social, @kannonshanmugam.bsky.social, and others for providing very helpful comments on earlier drafts.
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Joel Johnson @joeljohnson13.bsky.social · 14/09/2026
tinyurl.com/legalitycanons
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Joel Johnson @joeljohnson13.bsky.social · 14/09/2026
Vanderbilt Law Review will be publishing my latest, “Legality Canons.” It argues for a new way to understand many of the so-called substantive canons that the Supreme Court now employs. 🔗 👇🏻
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Tommy Bennett @tommybennett.com · 08/09/2026
I'm happy to announce a new resource for Supreme Court watchers: supremecourt.report. Read on for more 🧵
supremecourt.report
Supreme Court Report
Every case the Supreme Court is asked to hear, what it asks, and the odds it is granted — rebuilt three times a day from the Court's own docket.
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Laura Abelson @lauragabelson.bsky.social · 03/09/2026
I have a new essay forthcoming in the Texas Law Review about chatbots and privacy, this time with respect to the Fourth Amendment. In it, I argue that chatbot data deserves protection equal to location data after Chatrie v. US. The full draft will be up soon, but for now here is the abstract:
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Andrew Jennings @andrewkjennings.com · 12/08/2026
I've been thinking about how to connect legal scholars with practitioners. So, I'm starting a monthly digest for law-firm/bar-association CLE/training managers to identify profs who're available to speak on practice-relevant topics. More info at PracticalScholarship.com. Feel free to share/repost!
practicalscholarship.com
PracticalScholarship.com
A free monthly email digest connecting CLE managers with legal scholars available to present their research. No login or registration required.
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Jake Charles @jacobdcharles.bsky.social · 03/08/2026
NEW: 5th Cir. 2nd Am decision on the felon prohibitor shows the problems w/ Bruen. The circuit precedent is confusing, inconsistent & unpredictable. @joeljohnson13.bsky.social & I are working on a project about the rule-of-law problems w/ these kinds of cases. www.ca5.uscourts.gov/opinions/pub...
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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
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Joe Dudek @joedudekjd.bsky.social · 29/07/2026
Anybody want one of the coolest appellate jobs in Maryland?
mdagcareers.ttcportals.com
Assistant Attorney General, Office of the Solicitor General, Criminal Appeals Unit in Baltimore, MD, United States
Assistant Attorney General, Office of the Solicitor General, Criminal Appeals Unit in Baltimore, MD, United States
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Jake Charles @jacobdcharles.bsky.social · 28/07/2026
Was great to be back on Doug Berman’s Drugs on the Docket podcast with my friend & colleague @joeljohnson13.bsky.social to break down the Hemani decision & the Supreme Court’s many Second Amendment failings. 👇 Full episode: podcasts.apple.com/us/podcast/s... youtu.be/TfxIjlZFdNQ?...
youtu.be
U.S. v. Hemani Decision | S4 E3 Teaser | Drugs on the Docket #shorts #podcast #supremecourt
YouTube video by The Ohio State University Moritz College of Law
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Joel Johnson @joeljohnson13.bsky.social · 27/07/2026
Over the last few years, I’ve taken post-exam student surveys. Answers are not uniform, but the student consensus seems to be that closed book is viewed as fairer.
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Joel Johnson @joeljohnson13.bsky.social · 29/06/2026
In retrospect, the CA4 panel majority (Richardson & Wilkinson) probably wishes it had affirmed on the GFE ground. Its more aggressive strategy may have been a calculated risk to settle CA4 geofence law in a 4A-restrictive manner; it likely didn't anticipate SCOTUS action. /end
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Joel Johnson @joeljohnson13.bsky.social · 29/06/2026
And indeed that is what often happens in the lower federal courts. @mtoksoy.bsky.social and Michael Gentithes have done some great empirical work on this: law.georgetown.edu/georgetown-l... 4/
law.georgetown.edu
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Joel Johnson @joeljohnson13.bsky.social · 29/06/2026
But then the CA4 panel went out of its way to affirm on a different ground – that there was no search. (Then en banc CA4 affirmed in short per curium op.) The CA4 could have easily just affirmed (likely in a summary order) solely on a GFE rationale. 3/
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Joel Johnson @joeljohnson13.bsky.social · 29/06/2026
The ability of the Court to address the “search” question in Chatrie was really just a function of the CA4 panel’s odd decision to rest its decision on the merits. The district court had denied the motion to dismiss on the basis of the GFE. 2/
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Joel Johnson @joeljohnson13.bsky.social · 29/06/2026
In Chatrie, I found the discussion about whether reaching the "search" question was appropriate to be interesting. At the other place, @epps.bsky.social noted that he thought it was appropriate to allow law to evolve. I tend to agree. But it points to a larger issue in 4A litigation. 🧵1/
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Joel Johnson @joeljohnson13.bsky.social · 27/06/2026
Congrats!
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Joel Johnson @joeljohnson13.bsky.social · 27/06/2026
Is this AI slop for real?
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Joel Johnson @joeljohnson13.bsky.social · 22/06/2026
My thoughts on Hemani: www.scotusblog.com/2026/06/a-vi...
scotusblog.com
A victory for the defendant in United States v. Hemani, but little guidance for the lower courts
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Joel Johnson @joeljohnson13.bsky.social · 12/06/2026
We’re starting a space company. Fast tracking an IPO with an anticipated trillion-dollar valuation . Who wants in?
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Sarah Lawsky @sarahlawsky.bsky.social · 28/05/2026
Now in beta: explore all years of reported entry-level law school hiring data by doing your own slicing and dicing. www.lawskyprojects.org/explore
lawskyprojects.org
Lawsky Projects
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Joel Johnson @joeljohnson13.bsky.social · 20/05/2026
podcast.osu.edu/drugsonthedo...
podcast.osu.edu
Season 4 Episode 1 – United States v. Hemani: Oral Arguments with Jake Charles and Joel Johnson (Part 1 of 2) | Drugs on the Docket Podcast
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Joel Johnson @joeljohnson13.bsky.social · 20/05/2026
It was so much fun to be a guest on the Drugs on the Docket podcast alongside my colleague, @jacobdcharles.bsky.social We discussed Hemani, the pending SCOTUS case involving a 2A challenge to the federal statute banning gun possession by unlawful drug users. 🔗👇🏻
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Joel Johnson @joeljohnson13.bsky.social · 06/05/2026
Grading begins. Bird by bird.
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Joel Johnson @joeljohnson13.bsky.social · 01/05/2026
REBUTTAL: You’re dead wrong. It is impossible to be a nuanced thinker and a Bluesky user at the same time—you have to pick a side.
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Joel Johnson @joeljohnson13.bsky.social · 29/04/2026
I run my old exams through AI. I also encourage my students to upload their outline and any old exams I provide — and then ask AI to use those materials to generate practice questions or exams for them to use as study tools. An endless supply of practice exams.
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Joel Johnson @joeljohnson13.bsky.social · 17/04/2026
It is an honor to receive this year’s Dean’s Award for Excellence in Scholarship.
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Laura Abelson @lauragabelson.bsky.social · 11/03/2026
I’m excited to share that my latest article, “The Multidimensions of AI Chatbots as Evidence,” is now forthcoming in the U.C. Davis Law Review. The abstract is below, and I plan to have it up on SSRN soon.
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Jimmy Hoover @jimmyhoover.bsky.social · 10/03/2026
SCOOP: Federal judiciary approves new Supreme Court defender office to help represent indigent defendants at #SCOTUS. Its full-time director will serve as a counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.
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Joel Johnson @joeljohnson13.bsky.social · 10/03/2026
Thanks to @rachelbarkow.bsky.social, @bellinj.bsky.social, @kovarsky.bsky.social, @profrgold.bsky.social, @cbhessick.bsky.social, @racheljkincaid.bsky.social, @erinmurphyslaw.bsky.social, @richardre.bsky.social, @kannonshanmugam.bsky.social, @meganstevenson.bsky.social, and many more!
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Joel Johnson @joeljohnson13.bsky.social · 10/03/2026
I’m not quite ready to post the draft to SSRN, but happy to share it upon request.
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Joel Johnson @joeljohnson13.bsky.social · 10/03/2026
Yale Law Journal (@yalelawjournal.bsky.social) will be publishing my latest, “The New Criminal Docket and the Clemency Court.” It explores how SCOTUS is no longer using its criminal merits docket for broad constitutional reform, opting instead for targeted relief for the fortunate few.
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Joel Johnson @joeljohnson13.bsky.social · 02/03/2026
If he retains assigning power, then he can assign it to the justice with the narrowest view (that he likes).
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Joel Johnson @joeljohnson13.bsky.social · 02/03/2026
And don’t forget that the chief really likes to be in the majority so he can retain the opinion-assigning power.
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Joel Johnson @joeljohnson13.bsky.social · 02/03/2026
I'll be live blogging this morning's oral argument in Hemani over at @scotusblog.com. Argument begins at 10 am ET. Join me there! www.scotusblog.com/2026/02/oral...
scotusblog.com
Oral argument live blog for Monday, March 2
On Monday, March 2, we will be live blogging as the court hears argument in United States v. Hemani, on whether a federal statute that prohibits gun possession by users […]
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Jake Charles @jacobdcharles.bsky.social · 26/02/2026
Check out my colleague @joeljohnson13.bsky.social’s fascinating post on how the Supreme Court’s analysis in the tariff’s case should impact the way Court decides the major Second Amendment case that will be argued next week 👇👇 open.substack.com/pub/divideda...
open.substack.com
Guest Post: The Learning Resources Roadmap for Hemani
by Joel S. Johnson
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Joel Johnson @joeljohnson13.bsky.social · 26/02/2026
My thoughts on the Learning Resources and Hemani over at @dividedargument.bsky.social: blog.dividedargument.com/p/guest-post...
blog.dividedargument.com
Guest Post: The Learning Resources Roadmap for Hemani
by Joel S. Johnson
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Joel Johnson @joeljohnson13.bsky.social · 21/02/2026
Yeah, that’s probably right. I think you could say something similar about a lot of the early Chevron cases too—trying to establish the framework itself as the proper mode of analysis, so that lower courts go and do likewise.
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Joel Johnson @joeljohnson13.bsky.social · 21/02/2026
Isn’t this just an implication of any front-end clear-statement rule? IOW, sometimes evidence of the textual meaning will overcome a preponderance standard but won’t overcome the clear-statement standard . Other times (as here) the evidence would fail under either standard.
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Joel Johnson @joeljohnson13.bsky.social · 16/02/2026
Thanks for the shoutout, @espinsegall.bsky.social! In addition to the amicus brief, I shared my views on Hemani here: bsky.app/profile/joel...
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Joel Johnson @joeljohnson13.bsky.social · 06/02/2026
She was a nominee! (And also in town because judged the moot court final at Pepperdine two days earlier.)
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Patrick Bryant @patrickbryant.bsky.social · 05/02/2026
Another! The District of Puerto Rico FPD Office is hiring an appellate attorney! Your wardrobe will include sandals for San Juan and a parka for oral argument trips to Boston! www.fd.org/sites/defaul...
Hiring announcement for appellate attorney at the District of Puerto Rico Federal Public Defender's Office, available at https://www.fd.org/sites/default/files/public/Employment/Vacancy-Files/2026-01-appellate-afpd.pdf (page 1)Hiring announcement for appellate attorney at the District of Puerto Rico Federal Public Defender's Office, available at https://www.fd.org/sites/default/files/public/Employment/Vacancy-Files/2026-01-appellate-afpd.pdf (page 2)
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Scholastica Law Reviews @scholasticalr.bsky.social · 02/02/2026
Pepperdine Law Review - Annual Volume is now open and accepting submissions on Scholastica! Submit your article here: pepperdine-law-review-essays.schola… #LRSubmissions
Image of a law school library with the words "law reviews are opening!" and #LRSubmissions overlaid
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Richard M Re @richardre.bsky.social · 27/01/2026
www.scotusblog.com/2026/01/defe...
scotusblog.com
Defending the Fed: agency independence in three dimensions
Controlling Opinions is a recurring series by Richard Re that explores the interaction of law, ideology, and discretion at the Supreme Court. The Supreme Court is creating a formidable presidential […...
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Jake Charles @jacobdcharles.bsky.social · 26/01/2026
Very excited that the Pepperdine Law Review will be hosting a symposium @pepperdine.bsky.social Caruso School of Law on 3/27, "The Second Amendment After Bruen & Rahimi: Revisiting History & Tradition"! We have a great lineup; register ⬇️ & stay tuned for updates. law.pepperdine.edu/law-review/s...
law.pepperdine.edu
Pepperdine Law Review Symposium 2026 | Pepperdine Caruso School of Law
The Pepperdine Caruso Law Review hosts annual symposia on timely topics from politics and reform to national security law. This page contains information for this year's symposium, including featured ...
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Joel Johnson @joeljohnson13.bsky.social · 16/01/2026
Maybe there was less originalism-based elaboration in Case v. Montana than expected because the justices knew this case was coming down the pike?
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