#lawprof — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #lawprof, aggregated by home.social.
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"After Turnitin bought the company in 2018, a new set of terms and conditions took effect: Now student papers go into Turnitin’s global database and the company maintains a perpetual, royalty-free license over all of them."
https://themarkup.org/artificial-intelligence/2025/06/26/ai-detector-california
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"After Turnitin bought the company in 2018, a new set of terms and conditions took effect: Now student papers go into Turnitin’s global database and the company maintains a perpetual, royalty-free license over all of them."
https://themarkup.org/artificial-intelligence/2025/06/26/ai-detector-california
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Hello fellow members on @mastodon.lawprofs.org
Where are you going to migrate to when lawprofs.org shuts down?
Thanks!
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Hello fellow members on @mastodon.lawprofs.org
Where are you going to migrate to when lawprofs.org shuts down?
Thanks!
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US abortion rights supporters see victories despite major loss in Florida https://www.theguardian.com/us-news/2024/nov/05/florida-abortion-ballot-ban-measure-amendment
"abortion rights won in several other states, w Missouri voting to overturn the state’s near-total ban on abortion...Ballot measures in New York, Colorado & Maryland also passed,... In Nevada, a ballot measure to enshrine the battleground state’s abortion rights in the state constitution received its first nod of approval..."
Desperately looking for some positive news
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Kamala #Harris for president https://www.inquirer.com/opinion/editorials/a/endorsement-president-kamala-harris-democracy-20241025.html
"Voters face an easy but tectonic choice in the race for the White House.
Will they choose the prosecutor or the convict?
Will they choose the candidate who supports restoring Roe v. Wade or the man who bragged about overturning it?
Will they choose the candidate who upholds the peaceful transfer of power or the one who summoned a violent mob to attack the U.S. Capitol?"
This editorial cannot be posted often enough
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Italy passes anti-surrogacy law that effectively bars gay couples from becoming parents https://www.washingtonpost.com/world/2024/10/16/italy-surrogacy-ban-gay-parents/
Far right targeting of LGBTQ couples:
"Even backers concede that heterosexual couples may face few questions when returning to Italy with an infant...Who is to say that the woman in that couple didn’t deliver the baby while abroad? By contrast, an infant in the arms of same-sex parents—particularly two men—would amount to an obvious red flag." -
Women are not ‘community property,’ a Georgia judge strikes down 6 week abortion ban https://www.washingtonpost.com/opinions/2024/10/01/abortion-georgia-six-week-judge/
Love the bluntness: “It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another,”
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Women are not ‘community property,’ a Georgia judge strikes down 6 week abortion ban https://www.washingtonpost.com/opinions/2024/10/01/abortion-georgia-six-week-judge/
Love the bluntness: “It is not for a legislator, a judge, or a Commander from The Handmaid’s Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another,”
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Women claim Texas hospitals denied them abortions for ectopic pregnancies https://www.washingtonpost.com/nation/2024/08/13/texas-ectopic-pregnancy-abortion/
This is what Christian Nationalism looks like.
#abortion #Texas #ChristianNationalism #law #lawfedi #lawprof
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Women claim Texas hospitals denied them abortions for ectopic pregnancies https://www.washingtonpost.com/nation/2024/08/13/texas-ectopic-pregnancy-abortion/
This is what Christian Nationalism looks like.
#abortion #Texas #ChristianNationalism #law #lawfedi #lawprof
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Major slapdown of Fifth Circuit in #Netchoice cases:
"But it is necessary to say more about how the First Amendment relates to the laws’ content-moderation provisions, to ensure that the facial analysis proceeds on the right path in the courts below. That need is especially stark for the Fifth Circuit."
#law #lawFedi #lawProf #FirstAmendment #SCOTUS #SupremeCourt
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My final exam for conlaw I had a presidential immunity hypo.
Arguing from precedent, most students argued that to make the President absolutely immune from criminal prosecution would be to treat him like a king and that no American should be above the law.
#SCOTUS #SupremeCourt #immunity #law #lawFedi #lawprof #immunity #presidentialImmunity
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In other words, the Supreme Court's presidential immunity decision holds that whether Trump can be criminally prosecuted for his conduct while President depends on whether his actions are considered offical acts or unofficial acts.
#SCOTUS #SupremeCourt #law #lawFedi #lawprof #President #presidentialImmunity
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The Supreme Court's final decision for the term is on Presidential immunity
The Supreme Court's final decision for the term is on presidential immunity written by Roberts: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Absolute immunity for official acts w/in his authority
Presumptive immunity for official acts
None for unofficial
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Major decision from the Supreme Court
The Netchoice cases: https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf
Justice Kagan
Procedural issues but platforms have a first amendment right to moderate and curate their content
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First decision is Corner Post
Not on my radar, but if it is on yours: https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf
The statute of limitations decision makes it easier to challenge agency regulations
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The Supreme Court's last case for today is Fischer v. United States
https://www.supremecourt.gov/opinions/23pdf/23-5572_l6hn.pdf
And the Court narrowly interprets the law used to prosecute Jan 6 attackers and sends it back down
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The Supreme Court has just overruled Chevron
Chevron held that when a law is ambiguous, courts should defer to an agency's reasonable interpretation.
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City of Grant's Pass v. Johnson, Supreme Court reverses 9th Circuit, holding that laws re camping on public property used to punish homeless are not cruel and unusual punishment
https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf
#SupremeCourt #SCOTUS #EighthAmendment #homeless #law #lawFedi #LawProf
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Moyle v. Idaho officially released
https://www.supremecourt.gov/opinions/23pdf/23-726_6jgm.pdfDismissed as improvidently granted and Court's stays vacated
Kagan: I concur in the Court’s decision today to vacate its stay
and dismiss the writ of certiorari before judgment as improvidently granted. I do so because Idaho’s arguments
about EMTALA do not justify, and have never justified, either emergency relief or our early consideration of this dispute.#SupremeCourt #SCOTUS #abortion #Idaho #law #lawfedi #lawprof #EMTALA
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NEW ESSAY!!
The Government Speech Doctrine Ate My Class: First Amendment Capture and Curriculum BansThe govt speech doctrine makes it almost impossible for teachers to challenge academic gag rules & may preclude student challenges.
It should not.
Please check out this almost finished paper!
Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4876740
#Law #LawFedi #lawProf #CriticalRaceTheory #LGBTQ #speech #FirstAmendment #FreeSpeech #Education #GovernmentSpeech
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NEW ESSAY!!
The Government Speech Doctrine Ate My Class: First Amendment Capture and Curriculum BansThe govt speech doctrine makes it almost impossible for teachers to challenge academic gag rules & may preclude student challenges.
It should not.
Please check out this almost finished paper!
Link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4876740
#Law #LawFedi #lawProf #CriticalRaceTheory #LGBTQ #speech #FirstAmendment #FreeSpeech #Education #GovernmentSpeech
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Actually, this is the second time the Supreme Court has slapped down the Fifth Circuit on standing.
(The first was FDA v. Alliance for Hippocratic Medicine, the misepristone case)
Let's hope the Fifth Circuit will temper its lawlessness now.
#SCOTUS #SupremeCourt #FifthCircuit #law #lawFedi #lawProf #standing #FifthCircuit #Speech
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Actually, this is the second time the Supreme Court has slapped down the Fifth Circuit on standing.
(The first was FDA v. Alliance for Hippocratic Medicine, the misepristone case)
Let's hope the Fifth Circuit will temper its lawlessness now.
#SCOTUS #SupremeCourt #FifthCircuit #law #lawFedi #lawProf #standing #FifthCircuit #Speech
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In Murthy v. Missouri, the Supreme Court dismisses on standing grounds the claim that the US govt coerced social media platforms into removing misinformation
Here's the link: https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf
That's at least the second major conflict the Court avoided via standing
#law #lawFedi #lawProf #FirstAmendment #freespeech #coercion #standing #SupremeCourt #SCOTUS #Murthy
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In Murthy v. Missouri, the Supreme Court dismisses on standing grounds the claim that the US govt coerced social media platforms into removing misinformation
Here's the link: https://www.supremecourt.gov/opinions/23pdf/23-411_3dq3.pdf
That's at least the second major conflict the Court avoided via standing
#law #lawFedi #lawProf #FirstAmendment #freespeech #coercion #standing #SupremeCourt #SCOTUS #Murthy
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"The Oklahoma Supreme Court on Tuesday rejected a proposed state-financed Catholic charter school, saying the first-of-its-kind religious public school violated the state and U.S. Constitution."
This is the right decision. The govt should not directly fund religious indoctrination.
I sure hope the Supreme Court does not get its christian nationalist hands on this case.
#law #lawFedi #lawProf #Religion #SupremeCourt #SCOTUS #Establishment #ChristianNationalism
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"The Oklahoma Supreme Court on Tuesday rejected a proposed state-financed Catholic charter school, saying the first-of-its-kind religious public school violated the state and U.S. Constitution."
This is the right decision. The govt should not directly fund religious indoctrination.
I sure hope the Supreme Court does not get its christian nationalist hands on this case.
#law #lawFedi #lawProf #Religion #SupremeCourt #SCOTUS #Establishment #ChristianNationalism
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The Florida Supreme Court did allow a proposed amendment to protect abortion to go on the Florida ballot.
But the decision was very close: 4-3.
And three of those four went out of their way to condemn abortion
But at least they realized that it would be too obviously political to reject the amendment on the grounds the summary was misleading or the text was ambiguous
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The Florida Supreme Court did allow a proposed amendment to protect abortion to go on the Florida ballot.
But the decision was very close: 4-3.
And three of those four went out of their way to condemn abortion
But at least they realized that it would be too obviously political to reject the amendment on the grounds the summary was misleading or the text was ambiguous
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The Florida Supreme Court's decision eliminating the right to abortion under the Florida Const is as unprincipled as the Supreme Court's decision eliminating it under the US Const.
Perhaps more, because the Florida Const has an EXPLICIT RIGHT TO PRIVACY
Once again, conservatives jettison precedent and manipulate "original public meaning" to get exactly the answer they want.
#abortion #Florida #lawFedi #lawprof #FediLaw #SupremeCourt #SCOTUS
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The Florida Supreme Court's decision eliminating the right to abortion under the Florida Const is as unprincipled as the Supreme Court's decision eliminating it under the US Const.
Perhaps more, because the Florida Const has an EXPLICIT RIGHT TO PRIVACY
Once again, conservatives jettison precedent and manipulate "original public meaning" to get exactly the answer they want.
#abortion #Florida #lawFedi #lawprof #FediLaw #SupremeCourt #SCOTUS
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Reviewer #1 & #2 got nothin' on written comments from 10+ LoyolaLA law students! Thanks to them & #LawProf Amy Motomura for diving into my WIP on race, gender & #IP. #AmRevising
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Reviewer #1 & #2 got nothin' on written comments from 10+ LoyolaLA law students! Thanks to them & #LawProf Amy Motomura for diving into my WIP on race, gender & #IP. #AmRevising
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If you are junior #LawProf, I hope you were @ the Junior Law Profs conference @NSUL earlier this month - it got rave reviews! If you weren't, make sure you get on the mailing list (w/ a big shout-out to my colleague David Simon): https://www.davidasimon.us/jsc
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If you are junior #LawProf, I hope you were @ the Junior Law Profs conference @NSUL earlier this month - it got rave reviews! If you weren't, make sure you get on the mailing list (w/ a big shout-out to my colleague David Simon): https://www.davidasimon.us/jsc
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#Congresswoman #KatiePorter counts remaining millions in #campaign coffers after expensive $23m #SuperTuesday #Primary defeat vs fellow #Democrat #SoCal #Congressional colleague #AdamSchiff & #GOP gadfly #SteveGarvey. Her choices complicated by fact her family still lives in subsidized #educational #housing owned by the #University of #California, but she has been currently on leave from gig as a #UCI #LawProf for 4 yrs since winning her competitive district seat in 2019...
https://www.eastbaytimes.com/2024/03/07/what-could-be-next-for-rep-katie-porter-after-senate-loss/
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The meme I made for my modern day commerce clause class:
#lawFedi #lawProf #lawfed #conlaw #commerceclause #law #SCOTUS #Federalism
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The meme I made for my modern day commerce clause class:
#lawFedi #lawProf #lawfed #conlaw #commerceclause #law #SCOTUS #Federalism
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Today we gather to remember and celebrate #IP and #Tech #LawProf Dan Burk, wide ranging scholar, community builder and mentor to many, including me. RIP, Dan https://news.law.uci.edu/2024/02/05/in-memoriam-remembering-dan-l-burk/
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I'm fiddling around a bit with a syllabus for an undergraduate #law course. #Lawprof friends and general legal beagles, what would you recommend as foundational readings for sessions on Regulatory Law, Constitutional Law, and Mediation?
Ideally for each it would be something that would do a lot of the heavy lifting of explaining the underlying structural concepts such that I wouldn't have to also assign a textbook chapter.
Thank you in advance for the brain borrowing.
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This is where #LeonardLeo and the #FederalistSociety gets the first payoff on all the money they've invested in packing #SCOTUS with far-right operatives
Thomas and Alito and Kavanaugh and Barrett about to pay off big now for Leo and the #FedSoc
Roberts wondering how he's been so badly blind-sided by his own craven culpability
#Law #LawFedi #LawProf #LawFed #SupremeCourt #SCOTUS #Trump #Colorado #FourteenthAmendment #Insurrection
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Abortion rights groups get enough signatures to put abortion on Florida ballot in 2024 https://www.cnn.com/2024/01/05/politics/abortion-rights-group-petition-florida-ballot/index.html
Note though, the Florida Supreme Court must still approve the language
Republicans claim it is misleading
It's not: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.’
#law #lawfedi #lawprof #abortion #Florida #SCOTUS #SupremeCourt
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Supreme Court says it will decide if Trump qualifies for Colorado ballot https://www.washingtonpost.com/politics/2024/01/05/supreme-court-trump-colorado-ballot-insurrection/?utm_campaign=wp_todays_headlines&utm_medium=email&utm_source=newsletter&wpisrc=nl_headlines
Is it ever good news when this Supreme Court agrees to hear a constitutional question?
#Law #lawfedi #lawprof #lawfed #SupremeCourt #SCOTUS #Trump #Colorado #Fourteenth Amendment #Insurrection
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Top 10 Church-State and Religious Liberty Developments of 2023 https://religionclause.blogspot.com/2023/12/top-10-church-state-and-religious.html
One of the best websites for law and religion is Religion Clause, run by Howard Friedman
He posts relevant developments every day
Here's his list of the year's top ten stories
#law #lawfed #lawfedi #lawandreligion #FirstAmendment #religiousliberty #lawprof #SupremeCourt #SCOTUS #LGBTQ #religion
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Anyone else get Marbury v. Madison energy from the Colorado lower court decision finding that Trump did in fact engage in insurrection but that he could not be struck from ballot bc the Disqualification Clause does not apply to Presidents?
Damns the actor, but then says can't rule against him
#law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment #conlaw
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Colorado Supreme Court on why "officer of the United States" in the Insurrection Clause includes President:
It makes no sense to "disqualif[y] every oath-breaking insurrectionist except the most powerful one & ... bar[] oath breakers from virtually every office, both state and federal, except the highest one in the land."
#law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment
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Speech is not unprotected incitement unless three things are true
1. the speaker advocates for violence/lawless action
2. the speaker intends to incite imminent violence/lawless action
3. the speech is likely to incite imminent violence/lawless action
#law #lawProf #lawfedi #Constitution #insurrection #Trump #SCOTUS #speech #FreeSpeech #incitement
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But what about Trump's SpEcH RighTs?
Sorry, I don't mean to belittle speech. Our democracy depends on free speech
Of course, our democracy also depends on the peaceful transition of power.
There are certain categories of speech that are not protected by the Free Speech Clause.
Incitement to imminent lawless action is one of them.
#law #lawProf #lawfedi #Constitution #insurrection #Trump #SCOTUS #speech #FreeSpeech
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Interpretation questions:
Is the President an officer of the U.S.? Nothing in the text seems to suggest otherwise
Did Trump engage in insurrection? Inciting a mob to help prevent the peaceful transition of power sure seems like it could count. (Actually, an attempted coup even w/o a mob seems kinda rebellious too, but maybe that's just me)
#law #lawProf #lawfedi #Constitution #insurrection #Trump #SCOTUS
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Here's the relevant text of the insurrection clause:
“No person shall …hold any office, civil or military, under the United States… who, having previously taken an oath… as an officer of the United States, … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."
#law #lawProf #lawfedi #Constitution #insurrection #Trump #SCOTUS
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Just discovered that two amicus briefs in NetChoice cite to my article The First Amendment Right Against Compelled Listening. How cool!
Article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1353489
Brief of First Amendment & Internet Law Scholars: https://james.grimmelmann.net/files/legal/amicus/netchoice-us-2023.pdf
Brief of Public Knowledge: https://www.supremecourt.gov/DocketPDF/22/22-277/292528/20231207064813261_PK_Netchoice_Final.pdf
#law #lawProf #lawfedi #SupremeCourt #NetChoice #SCOTUS #internet