My wife is out of town, so naturally I'm spending a second late night at the law school giving my latest article idea total control of my functions until it is finally written.

DC Court of Appeals decides the district’s ban on high capacity magazines violates the Second Amendment 👇

"An Originalist Critique of Fetal Personhood" w Chip Carter is officially online (& forthcoming in U. Penn. L. Rev.)! papers.ssrn.com/sol3/papers..... We scour 19th cen. dictionaries & the context in which the 14A was ratified to discover the original public & legal meaning of "person" in 1868.

OU AI Summit!

It me. I'm happy to announce that my article "Systems of Law: Foundations" will be published in the Boston University Law Review. I divided the SSRN draft into 3 articles. But the core of the posted article will be in the first piece in my planned trilogy. I'll post a new draft in the coming weeks.

New Draft Essay: papers.ssrn.com/sol3/papers....

For those who've asked for insight into my writing process: When I'm writing, this article is a close approximation of what's happening in my head. Drafting involves selecting the few sentences that aren't batshit and cutting out 90 percent of the indulgent nonsense.

If you feel the need to write articles using AI, please find another job. Your students and colleagues deserve a lot better.

Seems to me that whether AI is "good" at writing is not the most important question, at least for scholars and creatives. The real question, I think, is what endeavors are people willing to hand over? Maybe the AI will be a better writer than I am. I don't care. I'm not willing to let go of the pen.

The semester and submission season drag on. Travel and new preps fray my sanity. Midterm grading moves me to ever more creative procrastination outlets. With that context, enjoy this fake article I wrote back in 2024--now posted for the first time! papers.ssrn.com/sol3/papers....

Pleased to share my forthcoming article on birthright citizenship, based on 7 days of in depth Google searches and only a handful of basic conceptual errors.

Oh My God thefacultylounge.org/2026/03/call...

happy out of touch thursday!

Excited to share two projects, forthcoming in the Minnesota Law Review and the Notre Dame Law Review, about federal courts’ increasing reliance on “external” factfinding of epistemically dubious provenance. (1/4)

My Article, “The Paradox of Federal Oversight in Police Misconduct Investigations,” is in print @denverlawreview.bsky.social Read it here: www.denverlawrev.org/_files/ugd/9...

Now forthcoming in the Duquesne Law Review!

Forthcoming: Daniel Newman, Law and Justice in Song (Routledge Publishing, 2026) / @simon8.bsky.social lawlit.blogspot.com/2026/03/fort...

My latest article “Let’s Talk About the Biological Realty of Sex, Baby” is now out in the FIU Law Review: doi.org/10.25148/law...

Proud to announce the opening of the Emmet Bondurant Center for Constitutional Law, Practice & Democracy. With @anthonymkreis.bsky.social, @andrewwillinger.bsky.social, and Neil Kinkopf, we’ll fight for the rule of law and democracy as Emmet has done for over 60 years. news.gsu.edu/2026/02/26/n...

Every once in awhile I think about this Nancy comic and it makes me laugh every single time. Absolute perfection.

Nancy By Ernie Bushmiller March 01,1948

Home!

Jacksonville Law was fun to visit, but a bit uncool.

An update: it seems that whatever this device is, it might not be AI related. The precise language from the (admittedly vague) email is: "a technology model that might dramatically assist professors in certain doctrinal subjects." bsky.app/profile/alex...

Two weeks ago, I chatted with said individual (no NDA!), and his project, which I assume is the same one referenced in his email, wasn't AI-related. Rather, it was basically a new way to "test" rules of evidence. As in, not essay or MC. A company bought the rights, which perhaps explains the NDA?

27 Feb 2026

Just got an email through the AALS Evidence listserv from a professor who seems keen on getting other professors to test out his AI grading device (patent pending!), but only after signing an NDA. It's inspiring to see my coauthors continuing their valuable work: papers.ssrn.com/sol3/papers....

Rushing to find an earlier flight home as I receive news that another neighborhood cat has begun to visit

It looks like I'm fed up with @yeargain.bsky.social's nonsense

Congratulations to @uofoklahomalaw.bsky.social Professor Brooke Jackson, whose article "Eugenics in a Trojan Horse of Compassion" was accepted for publication by the Georgia Journal of International and Comparative Law!

Happy to share that my paper, The Federal Reserve Exception, is forthcoming in Vanderbilt Law Review! I question the strength of the Supreme Court's analogy of the Federal Reserve to the First & Second Banks of the US, especially when compared to the ICC and other 20th century regulatory agencies.

Knock me over with a feather. They ran it! www.nytimes.com/2026/02/27/o...

Dignity time, at the @julawreview.bsky.social symposium, with @carloschevere.bsky.social, @vanessazboreak.bsky.social, and Patrick Murphree

Fantastic panel discussion this morning. Just the beginning of a day filled with dialogue about State Constitutional Rights. @nathanrichardson.bsky.social @msmith750.bsky.social @yeargain.bsky.social

Finally listened to the @dividedargument.bsky.social episode on the tariffs case. A surprising amount of the episode mirrors a recent exchange I had with law review editors, in which they asked me to add a footnote and cite for the quote, "God gives his toughest battles to his strongest soldiers."

Congratulations to @uofoklahomalaw.bsky.social Professor @jonleelawprof.bsky.social, whose article "Disability and the Legal Profession: A Critical Inquiry," has been accepted for publication by the Case Western Reserve Law Review!

I’ve just posted my latest paper to SSRN: papers.ssrn.com/sol3/papers.... In it, I consider the possibility of mapping feminist agency theory, drawn from sex crimes literature, onto the everyday experiences of unhoused individuals. I am grateful to the student editors at BU Law Review!

A bit of snow on the ground here in Massachusetts

The Kansas driver's license law is purely about bigotry, stigmatization, and criminalization of difference. It serves no rational or legitimate purpose. A 🧵1/

I had to make a couple of revisions, but my new piece, Gossip, is back and available on SSRN. Does sexual harassment in academia piss you off? How about sexual harassment of junior law profs by seniors ones? Yeah. Me too. papers.ssrn.com/sol3/papers....

A bad proposal, and bad reporting, as the one non-legislator who is quoted throughout the piece doesn't even seem to live in the state! www.wwltv.com/article/news...

Staying busy during my layover

Heading to Dartmouth for a talk at UMass Law on what's lost when folks use AI to write legal scholarship: papers.ssrn.com/sol3/papers.... From there, I will be heading to Jacksonville University College of Law for a symposium on state constitutions and substantive due process!

I am delighted to host Beau Baumann (@yalelawschool-yls.bsky.social/Utah Law) today @bulaw.bsky.social Clark Legal History Series to present our article: "Quasi-Judicial: A History and Tradition" forthcoming @columlrev.bsky.social 2026. 4:20 to 6:20, room 410 papers.ssrn.com/sol3/papers....

A lot of great writing advice packed into a short essay. Check it out! papers.ssrn.com/sol3/papers....

It feels like a long time coming -- I've been working on this paper for two years -- but I'm so happy to announce that my Article, "Who Trademark Law Is For," will be published in North Carolina Law Review @NCLRev. SSRN: papers.ssrn.com/sol3/papers....