Definitely wish our law school offered state con law.

Hot off the presses! In conjunction with @nacdl.org, I’ve written a report that examines criminal restitution in the federal system. The report debunks prevailing myths about restitution & presents recommendations for reform. www.nacdl.org/Document/Emp... 1/2

Even *if* you accept Stephen Miller’s (textually, historically, and morally indefensible) claim that undocumented immigrants are not entitled to due process, you’d *still* need due process to ensure that the individuals at issue are, in fact, undocumented. His argument fails even on its own terms.

I posted a draft of Look What You Made Me Do to SSRN: papers.ssrn.com/sol3/papers..... I argue that criminal procedure coerces defendants into embracing the narrative that their crime was solely their bad choice. That narrative obscures important systemic factors like trauma, addiction, and poverty.

I’m excited to report that Look What You Made Me Do is now forthcoming in Washington & Lee Law Review.

Via @annabjournalist.bsky.social: The Alabama House of Representatives Thursday gave final approval to a bill extending paid parental leave to all state and education employees staring July 1, sending the bill to Gov. Kay Ivey.

A really interesting project that’s currently under submission, for the journal editors out there.

BTW, feel free to highlight this submission for your favorite law review editors. Or even your least favorite. It has been 2.5 weeks and no offers yet. Is this cycle moving slowly for others too?

Look What You Made Me Do is currently under submission to law journals. Here’s the abstract.

Building a large langauge model trained on the Alabama Code is a great resource, but we ought to be careful to understand that it still won’t tell us everything about Alabama law. news.ua.edu/2024/11/arti...

Re-reading Bostock on the eve of tomorrow's big trans healthcare case at SCOTUS, I think the law's defenders have their work cut out to explain why Gorsuch's reasoning there doesn't apply to TN's ban on puberty blockers & cross-sex hormones for trans youth. Three points...

I hope President Biden also uses his clemency power to aid those who also faced a criminal justice system unfairly stacked against them - but do not have the name recognition, connections or privilege of his son (or even of those two turkeys). theappeal.org/biden-commut...

Thrilled to share that our client, Manuel Cucuta, was released yesterday after serving nearly three decades in prison. Just in time for his first Thanksgiving with family in 27 years. law.wisc.edu/newsletter/F...

Do you know about social science that you think criminal defense attorneys should be incorporating into their arguments? Have you written a criminal defense motion incorporating social science? If so, please help us create a national network. Upload your studies and motions to datafordefenders.org

I’m growing a bit tired of hearing about the Republican “trifecta.” It overlooks Republican control of the federal courts and the Supreme Court in particular. “Quadfecta” seems clumsier but more apt.

Coverage of the really important law reform work my fantastic colleague Fred Vars has been doing. www.thetrace.org/2024/11/donn...

I feel very fortunate that I got to work with Ted O. on a couple of very high-profile cases. This is also where I admit that I was quite junior and we had many layers of lawyers between us on those teams.

As crazy as it sounds to create a new agency to rein in agencies, if you had to pick one guy to destroy an organization, Musk was a sensible choice.

This is a disaster.

The Price of Criminal Law is my latest full-length article: papers.ssrn.com/sol3/papers..... I argue that budget discipline provides a critically important constraint on criminal law and consider what democratically accountable budgeting would look like in criminal law.

The essay that Kay Levine and I wrote, Exoneration Finance, is now published: papers.ssrn.com/sol3/papers.cf… in NYU Law Review Online. We explain how litigation finance can improve access to counsel for wrongful conviction proceedings.