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I went to the library to get High on Extraordinary Legal Remedies.

A federal appeals panel appeared skeptical that units of American International Group Inc. should be obligated to pay for a firearm retailer’s defense costs in litigation alleging the seller fueled violence by marketing and selling “ghost guns.”

I regret to report: another day another mediocre SCOTUS justice book ballsandstrikes.org/legal-cultur...

If you want some descriptive statistics of litigation in the federal courts, my co authored article providing them is out in JELS! doi.org/10.1111/jels...

On the blog, I summarize and link to my new essay in the UC Davis Law Review online: "Play in the Joints Beyond the Religion Clauses." It critiques recent SCOTUS cases that shrink the zone between what Free Exercise requires and Establishment forbids. It also praises buffer zones more broadly. 👇

Universities are such magical places . . . (❤️ @alahav.bsky.social)

I've been thinking a lot about Judge Sutton's decision in Thomas Moore v Obama in connection with what the district courts are faced with today. He was right then to follow what the law was, and the district judges are right now. See below for a good take: www.dorfonlaw.org/2025/09/what...

Must read from @dorfonlaw.bsky.social www.dorfonlaw.org/2025/09/work...

The power of metaphor.

An example of legal but (I think) morally wrong.

Today on the blog, I discuss the jurisdictional issue in last week's ruling for Harvard. As Judge Burroughs admitted, she might be reversed, but only because SCOTUS is playing "Calvinball" to ensure Trump victories. She was nonetheless right to follow the law as it is and not obey in advance. 👇

@coreyryung.bsky.social The first (economic) reason ever provided for a legal academic to write a book:

Everyone check your agreements ... Did you retain the copyright or assign it to the publisher? Also those Creative Commons licenses? What about them?

Is this a claims made or uncapped settlement?

It's been a source of great joy and knowledge to be part of this Collaborative Research Network on lay participation in legal systems!

Richard Jolly and I wrote about the declining rates of jury trial and why that's problematic. The article is out today in The Conversation at this link: : theconversation.com/jury-trials-... Comments appreciated!

BREAKING: 11th Cir panel votes, 2-1, to allow Trump & Florida officials to keep open the Alligator Alcatraz immigration jail. Majority: Lagoa (Trump)/Branch (Trump). Dissent: Jordan (Obama). Doc: storage.courtlistener.com/recap/gov.us...

Finally the silence is broken (and the media report it). Lower court judges have been attacked by both the White House and the Supreme Court - and they are finally speaking out in self-defense. The rest of us should support them too for upholding the rule of law! www.nbcnews.com/politics/sup...

This is an absolute must read by Lawrence Hurley @lawrencehurley.bsky.social - federal judges spoke to him about their frustrations with the Supreme Court (how it's enabling Trump's attacks on them, how it's making a hash of the law on the shadow docket, etc.) www.nbcnews.com/politics/sup...

Are you looking to go into legal academia? Can you see yourself teaching CivPro/public interest courses, Business Organizations/Securities Regulation, or Legal Writing? Come join me at Loyola! We're looking for entry-level people! (Job postings in the next skeet.) 1/

As Marotta-Wurgler & Issacharoff have observed, the dual rise of arbitration and federal class adjudication has hollowed out state consumer and contract law governing digital technologies. I think that the same is about to happen to real property law. profhoffman.substack.com/p/out-of-cou...

As the ABA discusses the proposal to double the required number of experiential credits, here's a very informative and timely paper from Chilton, Joy, and Rozema. papers.ssrn.com/sol3/papers.... It provides grounds for real skepticism, and so far I have not seen good counter-evidence from the ABA.

The ultimate environmental/civil rights crossover

I love this

This is the dedicated lounge in Changhua where Taiwan's lay judges meet with a therapist after trial to discuss their experiences with the therapist & one another. Otherwise they are not permitted to talk about their role as lay judges.

1. Earlier, I said SCOTUS was ducking confrontations with Trump by "channeling" them to less effective places. Maybe better words are "fragmenting" them. Curbing nationwide injunctions. Scattering Alien Enemy Act cases to all 94 districts. Dividing funding challenges... bsky.app/profile/stev...

Professors: I just got an email offering a way to monetize my teaching notes by sharing them with students.

Elon Musk must face lawsuit claiming he ran illegal $1 million election lottery www.reuters.com/legal/govern...

The fact that the thing we're calling artificial intelligence *can't do math* and yet we're jamming it into programs that successfully *have done math* for decades, then warning people against using the AI to do math, seems like an excellent summary of where we are.

Baker on Insurance and Tort, buff.ly/C4l4APW - Tom Baker (University of Pennsylvania Carey Law School) has posted What Is Insurance for Tort Law? (Virginia Law Review, forthcoming) on SSRN.

This is a terrible proposal coming at (nearly) the worst possible time.

Bayer said on Monday its Monsanto unit reached agreements in principle with more than 200 plaintiffs to resolve the so-called Sky Valley Education Center product liability cases related to the chemical PCB.

Me trying to figure out a recent DC Cir split opinion.

3M Co.'s legal defense payments in product liability litigation over Aearo Technologies LLC’s combat arms earplugs failed to trigger insurers’ coverage obligations, Delaware’s high court ruled.

Okay, so this was obviously a trick question. I was going to do the thread no matter what. Friends, let me recount for you the greatest torts case ever for teaching the concept of proximate causation. The case of the flaming rat. (United Novelty Co., Inc. v. Daniels, 42 So.2d 395 (Miss. 1949)).

Another personal jurisdiction meets IP law situation

This is like the duck decoy hypo from oral argument in Ford! @smmarotta.bsky.social @deepakguptalaw.bsky.social

Pie Charts: A. Useless B. Worse than useless C. Kind of fun if in color Anyone know if this site has polls?

I was wondering how many law profs or lawyers out there think that law school focuses only on federal courts? Just came across this assertion. Does it depend on whether you think more about public law (say con law, maybe civ pro) or private law (such as torts, contracts, property)?

Paul Clement and his team are very good at what they do. From: storage.courtlistener.com/recap/gov.us...

Jotwell LegalPro: Nora Freeman Engstrom, Tyler Tech and the Perils of Privatization, JOTWELL (July 9, 2025) (reviewing Todd Venook, Enterprise Justice: Tyler Technologies and the Privatizing Court, available at SSRN. (June 4, 2025)), legalpro.jotwell.com/tyler-tech-a....

8, 12, 26, 56

Must read from my colleague Dave Marcus, The Class Action After Trump v. Casa, which shows that class actions are a completely viable alternative to universal injunction w/r/t Trump’s unconstitutional citizenship order.

Thread on trying to use AI for research More like AB: Artificial Baloney. Or is that duplicative?

Reading some English cases in which plaintiffs seek damages for "anxiety, vexation, and injury to reputation" and thinking that pretty much sums up the social media landscape.