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Michael Plaxton

@michaelplaxton.bsky.social
240 followers 338 following 78 posts

Law professor. Books: Implied Consent & Sexual Assault; Sovereignty, Restraint, & Guidance; The Tenth Justice (w/ Carissima Mathen).

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Reposted by Michael Plaxton
Chris Sewrattan @sewrattanlaw.bsky.social · 28/09/2026
R. v. Trowbridge, 2026 ONCA 673: A five-member panel of the Court of Appeal has changed the test for vitiating consent to sexual touching that causes serious bodily harm. coadecisions.ontariocourts.ca/coa/coa/en/i...
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 26/09/2026
My post on yesterday's important Ontario Court of Appeal decision in Trowbridge, concerning common-law vitiation of sexual consent. Comments welcome. substack.com/@michaelplax...
substack.com
Common Law Vitiation of Sexual Consent
Some quick thoughts on Trowbridge
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Michael Plaxton @michaelplaxton.bsky.social · 26/09/2026
My post on yesterday's important Ontario Court of Appeal decision in Trowbridge, concerning common-law vitiation of sexual consent. Comments welcome. substack.com/@michaelplax...
substack.com
Common Law Vitiation of Sexual Consent
Some quick thoughts on Trowbridge
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Michael Plaxton @michaelplaxton.bsky.social · 09/09/2026
A quick reply (or perhaps just a rejoinder?) to @robertdiab.bsky.social's recent slaw post on AI and the value of "struggle" in legal education. Many thanks to Robert. michaelplaxton.substack.com/p/does-strug...
michaelplaxton.substack.com
Does “Struggle” Mean No AI at All?
Short answer: No.
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Michael Plaxton @michaelplaxton.bsky.social · 24/08/2026
New Substack post. Okay, I've finally decided to play with the AI a bit, as I work on course materials. The possibilities are pretty neat. michaelplaxton.substack.com/p/teaching-a...
michaelplaxton.substack.com
Teaching AI and Teaching with AI
I am going to have all the fact patterns.
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 06/08/2026
A follow-up to my announcement that we will be going device-free in my Evidence Law class this term. I've been asked on several platforms about accommodations. Some thoughts here. open.substack.com/pub/michaelp...
open.substack.com
Laptops and Accommodations
Last week, I announced that my course on Evidence Law will be ‘device-free’, in the sense that students will be barred from using electronic devices - such as laptops, smartphones, smart-glasses, etc.
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Michael Plaxton @michaelplaxton.bsky.social · 06/08/2026
A follow-up to my announcement that we will be going device-free in my Evidence Law class this term. I've been asked on several platforms about accommodations. Some thoughts here. open.substack.com/pub/michaelp...
open.substack.com
Laptops and Accommodations
Last week, I announced that my course on Evidence Law will be ‘device-free’, in the sense that students will be barred from using electronic devices - such as laptops, smartphones, smart-glasses, etc.
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 30/07/2026
An open letter to my Evidence Law students, explaining why we're going device-free this term. open.substack.com/pub/michaelp...
open.substack.com
An Open Letter to My Students
Why we're going device-free this term.
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lastpositivist.bsky.social @lastpositivist.bsky.social · 31/07/2026
As a philosopher I hate to say it but I agree. Because narrowly in philosophy we do, genuinely, use "social construct" to neutrally classify a class of things in social ontology. But we're clearly outliers in this in the humanities, and the vulgar usage better gets the typical spirit of the thing.
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Michael Plaxton @michaelplaxton.bsky.social · 30/07/2026
Yep
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Michael Plaxton @michaelplaxton.bsky.social · 30/07/2026
An open letter to my Evidence Law students, explaining why we're going device-free this term. open.substack.com/pub/michaelp...
open.substack.com
An Open Letter to My Students
Why we're going device-free this term.
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Michael Plaxton @michaelplaxton.bsky.social · 19/07/2026
I lived in Aberdeen for four years. Can confirm. Fight in the streets, perhaps. Dance? No.
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 18/07/2026
New Substack post, riffing off a recent blog post by @robertdiab.bsky.social. On what it means to "teach AI" to law students. Comments welcome. open.substack.com/pub/michaelp...
open.substack.com
What does it mean to 'teach AI' to law students?
Law schools better start figuring it out.
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Michael Plaxton @michaelplaxton.bsky.social · 18/07/2026
New Substack post, riffing off a recent blog post by @robertdiab.bsky.social. On what it means to "teach AI" to law students. Comments welcome. open.substack.com/pub/michaelp...
open.substack.com
What does it mean to 'teach AI' to law students?
Law schools better start figuring it out.
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 12/07/2026
My latest on Substack: Thoughts on the University of Chicago Law School's Statement on AI. open.substack.com/pub/michaelp...
open.substack.com
The Grind is the Point
AI, Legal Education & the University of Chicago Law School's Report
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Samuel Moyn @samuelmoyn.bsky.social · 13/07/2026
“There are also good reasons to oppose generative AI as we already know it.” www.compactmag.com/article/the-...
compactmag.com
The AI Apocalypse Is Already Here
Americans do not care for artificial intelligence. Recent polling shows that their attitudes mostly range from ambivalence to horror.
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Larry the Cat @number10cat.bsky.social · 11/07/2026
Ahead of England v Norway in the World Cup, enjoy this classic from my old pal Patrick Kidd in The Times
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Michael Plaxton @michaelplaxton.bsky.social · 12/07/2026
My latest on Substack: Thoughts on the University of Chicago Law School's Statement on AI. open.substack.com/pub/michaelp...
open.substack.com
The Grind is the Point
AI, Legal Education & the University of Chicago Law School's Report
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Reposted by Michael Plaxton
Mark Elliott @profmarkelliott.bsky.social · 27/05/2026
That AI isn't yet "good enough" to mark students' essays ought to be beside the point. Outsourcing such tasks to AI is fundamentally incompatible with the intellectual engagement between student and professor that should be central to higher education. /1 www.cam.ac.uk/stories/ai-u...
cam.ac.uk
AI not yet good enough to mark university essays, rewarding ‘style over substance’
Top AI systems show bias towards rewarding overly complex prose styles and only match human examiners for grade bands around half the time, research finds.
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Reposted by Michael Plaxton
Jordan Furlong @jordanfurlong.com · 15/05/2026
If you're at all concerned about the post-AI future of law schools and legal education, this Michael Plaxton essay is a must-read. His central point is that legal ed was in serious trouble even before AI, but it faces existential challenges now. michaelplaxton.substack.com/p/to-our-nex...
michaelplaxton.substack.com
To Our Next Law Dean
How will you justify our existence?
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ContempraInn 🌹 @contemprainn.bsky.social · 16/05/2026
Sunrise in Patagonia, Chile Torres del Paine, Chile 🇨🇱
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Mathias Hong @hongmathias.bsky.social · 12/03/2026
Plaxton: "[T]hese cases, and the constitutional interpretive methodology for which they stand, are fundamentally based on bedrock ideas of political morality and philosophy...".
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Michael Plaxton @michaelplaxton.bsky.social · 16/05/2026
On Thursday and Friday, the Supreme Court hears oral arguments in Degale and Bilinski - both concerning the fault requirement for the offence of sexual assault. Here is my quick Substack primer, setting out the basic interpretive considerations. open.substack.com/pub/michaelp...
open.substack.com
The Fault Requirement for Sexual Assault
The basic arguments in a nutshell
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Reposted by Michael Plaxton
Jordan Furlong @jordanfurlong.com · 15/05/2026
"Law firms" 10-15 years from now will so little resemble firms today that we'll need a different name for them (many of today's law firms won't make it through). The same is even more true for law schools: The future legal landscape simply will have no place for these entities as we've known them.
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Reposted by Michael Plaxton
Mark Elliott @profmarkelliott.bsky.social · 14/05/2026
New post: Does the Prime Minister have to be an MP? publiclawforeveryone.com/2026/05/14/d...
publiclawforeveryone.com
Does the Prime Minister have to be an MP?
Uncertainty about the position of the Prime Minister has raised the question whether Andy Burnham, currently the Mayor of Greater Manchester, might return to the House of Commons in order to challe…
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Michael Plaxton @michaelplaxton.bsky.social · 14/05/2026
From the Substack "archives", as it were: On what it would mean to take seriously the law societies' requirement that law students "demonstrate" competency. With thoughts on teaching and examining students on statutory interpretation. Comments welcome. open.substack.com/pub/michaelp...
open.substack.com
"Demonstrating" Competency
On the National Requirement and Canadian legal education
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 11/05/2026
My reply to @emmettmacfarlane.com's thoughtful post on methodological inconsistency in the Supreme Court. Thoughts and comments welcome. open.substack.com/pub/michaelp...
open.substack.com
Consistency and Flux in Constitutional Interpretation
A reply to Emmett Macfarlane
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Michael Plaxton @michaelplaxton.bsky.social · 11/05/2026
My reply to @emmettmacfarlane.com's thoughtful post on methodological inconsistency in the Supreme Court. Thoughts and comments welcome. open.substack.com/pub/michaelp...
open.substack.com
Consistency and Flux in Constitutional Interpretation
A reply to Emmett Macfarlane
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Michael Plaxton @michaelplaxton.bsky.social · 06/05/2026
This is great. I appreciate the kind words, and may address one or two points in a future post.
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Michael Plaxton @michaelplaxton.bsky.social · 05/05/2026
My latest Substack: on Taylor, Alford, and what to do about criticisms of the Supreme Court of Canada's lack of consistency on constitutional methodology. Comments and suggestions welcome. open.substack.com/pub/michaelp...
open.substack.com
Constitutional Whiplash
Alford v Canada and a recent exchange
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Michael Plaxton @michaelplaxton.bsky.social · 06/05/2026
This is great. I appreciate the kind words, and may address one or two points in a future post.
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Michael Plaxton @michaelplaxton.bsky.social · 05/05/2026
My latest Substack: on Taylor, Alford, and what to do about criticisms of the Supreme Court of Canada's lack of consistency on constitutional methodology. Comments and suggestions welcome. open.substack.com/pub/michaelp...
open.substack.com
Constitutional Whiplash
Alford v Canada and a recent exchange
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 29/04/2026
My latest on Substack: On rational arbitrariness in the construction of both regulatory offences and true crimes. Thoughts and suggestions, as always, welcome. open.substack.com/pub/michaelp...
open.substack.com
Rational Arbitrariness in True Crimes
In Monday’s post on Robertson, I ended by expressing the concern that all the Court of Appeal’s talk about bright-line rules and regulated fields seems to obscure or distort something important about ...
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Michael Plaxton @michaelplaxton.bsky.social · 29/04/2026
My latest on Substack: On rational arbitrariness in the construction of both regulatory offences and true crimes. Thoughts and suggestions, as always, welcome. open.substack.com/pub/michaelp...
open.substack.com
Rational Arbitrariness in True Crimes
In Monday’s post on Robertson, I ended by expressing the concern that all the Court of Appeal’s talk about bright-line rules and regulated fields seems to obscure or distort something important about ...
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Reposted by Michael Plaxton
Michael Plaxton @michaelplaxton.bsky.social · 27/04/2026
My latest on Substack: on the ONCA's decision in Robertson, a case in which section 320.14(1)(c) was challenged on overbreadth grounds. On the strangeness of Canada's impaired driving provisions, and the blurred lines between regulatory offences and true crimes. open.substack.com/pub/michaelp...
open.substack.com
Overbreadth and Impaired Driving
A short note on Robertson
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Reposted by Michael Plaxton
Lawrence Solum @lsolum.bsky.social · 27/04/2026
Law-Smith on Criminal Trials and Truth Michael Law-Smith (University of Ottawa - Faculty of Law; University of Toronto - Department of Philosophy) has posted Criminal Trials and Truth on SSRN. Here is the abstract: The traditional account of the criminal trial holds that its fundamental purpose is…
legaltheoryblog.com
Law-Smith on Criminal Trials and Truth
Michael Law-Smith (University of Ottawa - Faculty of Law; University of Toronto - Department of Philosophy) has posted Criminal Trials and Truth on SSRN. Here is the abstract: The traditional account of the criminal trial holds that its fundamental purpose is to search for the truth—that is, the truth of whether the accused factually committed the alleged crime. However, purely truth-seeking accounts, as well as more nuanced side-constraint and pluralist accounts, fail to adequately explain the relationship between the epistemic principles and those of political morality shaping the criminal trial.
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Michael Plaxton @michaelplaxton.bsky.social · 27/04/2026
My latest on Substack: on the ONCA's decision in Robertson, a case in which section 320.14(1)(c) was challenged on overbreadth grounds. On the strangeness of Canada's impaired driving provisions, and the blurred lines between regulatory offences and true crimes. open.substack.com/pub/michaelp...
open.substack.com
Overbreadth and Impaired Driving
A short note on Robertson
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Reposted by Michael Plaxton
Tanner Allread @tannerallread.bsky.social · 10/04/2026
Honestly still in shock by its placement, but my article (and job talk paper), “Indigenous Constitutionalism,” is officially out in the Harvard Law Review. A brief thread on this project🧵 harvardlawreview.org/print/vol-13...
harvardlawreview.org
Indigenous Constitutionalism - Harvard Law Review
By standard accounts, there are fifty-four constitutions across the federal, state, and territorial governments of the United States. But in fact, there are 230 other governmental constitutions that currently govern peoples and territories within the United States. These constitutions not only flow from a sovereignty that existed prior to the United States but also came out of a legal movement that asserted its independence from both the U.S. Constitution and state constitutions. This Article tells the story of these constitutions — the constitutions of Native nations.
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Michael Plaxton @michaelplaxton.bsky.social · 16/04/2026
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome. open.substack.com/pub/michaelp...
open.substack.com
Coercion or Control of an Intimate Partner
A breakdown of the proposed offence in Bill C-16
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Michael Plaxton @michaelplaxton.bsky.social · 16/04/2026
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome. open.substack.com/pub/michaelp...
open.substack.com
Coercion or Control of an Intimate Partner
A breakdown of the proposed offence in Bill C-16
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Michael Plaxton @michaelplaxton.bsky.social · 16/04/2026
My latest on Substack: A breakdown of the proposed offence of coercion or control of an intimate partner in Bill C-16. As always, comments and suggestions welcome. open.substack.com/pub/michaelp...
open.substack.com
Coercion or Control of an Intimate Partner
A breakdown of the proposed offence in Bill C-16
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Michael Plaxton @michaelplaxton.bsky.social · 15/04/2026
Latest Substack, drawing together stuff on Richard Primus and the future of legal education. On accountability, AI, judging easy cases, and more. As always, comments and suggestions welcome! open.substack.com/pub/michaelp...
open.substack.com
Easy Cases, Ethos, and AI
More on Primus & the Future of Legal Education
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Michael Plaxton @michaelplaxton.bsky.social · 15/04/2026
Latest Substack, drawing together stuff on Richard Primus and the future of legal education. On accountability, AI, judging easy cases, and more. As always, comments and suggestions welcome! open.substack.com/pub/michaelp...
open.substack.com
Easy Cases, Ethos, and AI
More on Primus & the Future of Legal Education
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Reposted by Michael Plaxton
Lawrence Solum @lsolum.bsky.social · 12/04/2026
Legal Theory Musings The first issue of Legal Theory Musings was published today. You may have followed recent debates about legal scholarship and the Supreme Court's birthright citizenship case: that's the topic of the first issue of the Mustings. If you are a paid subscriber to Legal Theory…
legaltheoryblog.com
Legal Theory Musings
The first issue of Legal Theory Musings was published today. You may have followed recent debates about legal scholarship and the Supreme Court's birthright citizenship case: that's the topic of the first issue of the Mustings. If you are a paid subscriber to Legal Theory Stack it arrived in your inbox after 10:00am. Each issue of the Musings will arrive in the inbox of those with a free subscription with a delay of four weeks. Here is the link to get a free subsciption.
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Michael Plaxton @michaelplaxton.bsky.social · 09/04/2026
Latest post on Substack. On Richard Primus' recent paper, describing how (American) lawyers and judges play the game of constitutional interpretation. With brief reflections on ethos and constitutional memory. Thoughts and comments much appreciated. open.substack.com/pub/michaelp...
open.substack.com
Interpretation, Ethos, Memory
Thoughts on Richard Primus' Recent Paper
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Michael Plaxton @michaelplaxton.bsky.social · 09/04/2026
Latest post on Substack. On Richard Primus' recent paper, describing how (American) lawyers and judges play the game of constitutional interpretation. With brief reflections on ethos and constitutional memory. Thoughts and comments much appreciated. open.substack.com/pub/michaelp...
open.substack.com
Interpretation, Ethos, Memory
Thoughts on Richard Primus' Recent Paper
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Reposted by Michael Plaxton
Keith E. Whittington @kewhittington.bsky.social · 31/03/2026
I have created a new personal website with information about my public commentary, scholarship, and teaching, as well as useful data and materials relating to American constitutional, political, and intellectual history. It can be found at keithewhittington.com/index.html
keithewhittington.com
Keith E. Whittington | Scholar & Author
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Michael Plaxton @michaelplaxton.bsky.social · 31/03/2026
"Notice, too, that all of the things that people will want human lawyers for – human judgment, human relationships, human accountability – are things that law schools cannot effectively teach at scale."
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Emmett Macfarlane 🇨🇦 @emmettmacfarlane.com · 29/03/2026
A really well-written post with lots of great points. I don't teach at a law school, but I send a lot of students their way. And some of the same problems infect undergraduate education. Worth reading.
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Michael Plaxton @michaelplaxton.bsky.social · 29/03/2026
Some further thoughts, building on yesterday's post, on the value of local legal knowledge in the age of AI. open.substack.com/pub/michaelp...
open.substack.com
AI and Local Knowledge
More thoughts on legal education
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