Here's my conversation with @pdefenselesspod.bsky.social about criminal discovery and the "shadow" (👻👻!) cast by the moribund constitutional Brady doctrine. podcasts.apple.com/us/podcast/4...

Now forthcoming in the Virginia Law Review, my latest work rethinks how information should get shared in criminal cases, and why we need to look beyond the celebrated Brady doctrine if we are serious about improving the fairness of criminal discovery. 🧵🔽

Fiscally Restraining Criminal Lawmaking is under submission to law journals now. Please send it to your favorite journal editors. Or your least favorite😁. We examine how legislative process could make costs more salient in criminal law, hopefully prompting greater deliberation about benefits too.

I just posted the current version of my most recent Article, "Conceptual Gerrymandering and the Weaponization of SFFA" to @ssrn.bsky.social. Abstract and TOC are attached below. Comments and (good faith) critiques very much welcome and appreciated. 🧵 1/ papers.ssrn.com/sol3/papers....

They could have done something like this in the Trump immunity case and given a chance for the special counsel to take Trump's federal election subversion charges to trial. Expediting cases is a choice

Hey #Teachers, what are some good tools for providing real-time feedback, during class, on students' writing? As in, apps that efficiently compile students' written work in one place & enable me to display it, mark it up, highlight parts we're discussing, etc? Thanks!

Thanks, Larry, for recommending "Brady's Shadow" -- a work-in-progress now up on ssrn in which I argue that Brady v. Maryland occupies far too much space in the legal consciousness and needs to be knocked down a few pegs to make room for other ideas on criminal discovery...

Take a look at Maybell's latest!

It’s sooooooo good, y’all! If I were a law review editor I’d really want to snap this up for publication.

New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.... Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

My latest, "Prosecutorial Reform and the Myth of Individualized Enforcement," is out in the Wash. U. Law Review. 🧵🧵 1/10 wustllawreview.org/2025/06/20/p...

Morris County NJ showed up today. #NoKings

Law faculty who teach criminal law & related stuff (esp newbies): check out our new online database of teaching materials so you can access practice problems, lecture notes, syllabi and more, to get some fresh ideas for your courses. And share your own materials to help others...

Not bad, ChatGPT:

Our voices matter. Let’s make some noise! #HandsOff2025

The White South African exception is “being called racist,” but others say something else. And who can truly know what’s in someone’s heart of hearts?? 🧐🤔

The government can't retaliate against someone for political protest. Tell the Trump administration to release Mahmoud Khalil immediately.

I'm very proud of my alma mater @georgetownlaw.bsky.social and its dean for standing up to flagrantly unconstitutional discrimination against Georgetown's students by Trump acolyte Ed Martin at USAO-DC. Would-be autocrats lose if - only if - enough people refuse to bend the knee.

Humbled/ecstatic that this piece on the IWW, Angelo Herndon, the ILD, very young Thurgood Marshall, even younger Pauli Murray & the WDL, the March on Washington Mvmt, CPUSA & Red Scare, SNCC, and more Pauli Murray… …is now forthcoming Yale Law Journal! (Not on SSRN, but happy to share a draft.)

The NY bar authorities won’t do anything about Emil Bove since they’re next to useless re holding prosecutors accountable when they abuse their power. But it’s still encouraging to see dems helping to keep this threat to the rule of law in the spotlight. Credit where due.

Hell yes

Good for the ABA for speaking out again: "We will not stay silent in the face of efforts to remake the legal profession into something that rewards those who agree with the government and punishes those who do not."

I'm excited to announce Secrets of the Killing State: The Untold Story of Lethal Injection. This is an account of all the ways that the state cannot be trusted with the power to kill and how they have tried to hide that reality. Secrets of the Killing State is the truth every citizen should know.

Oh shit! Something actually good! For background on this case, here's my coverage of the Glossip v. Oklahoma oral arguments in October ballsandstrikes.org/scotus/gloss...

Think I’ll pass on the piece in which a racist creep explains why a major party embracing the Nazi salute really isn’t a big deal.

Today, I spoke w/Professor @justinnyls.bsky.social about his recent law review article about Prosecutorial Discretion. We discussed the myth that progressive prosecutor's decisions not pursue certain types of cases are at odds with how traditional prosecutors operate open.spotify.com/episode/3y2s...

Considering restructuring my Criminal Law course into 3 approaches: traditional common law, the Model Penal Code, and Bondi/Patel.

So when do we get to make a new “department” to root out fraud and inefficiency at DOGE?

Alternate headline: Eric Adams opens Rikers to ICE agents after DOJ politicos dismiss his indictment on corruption charges to secure his complicity in mass deportation. www.nytimes.com/2025/02/13/n...

So is the idea here that White Afrikaners are the most oppressed social group of any country in the entire world? Or is this just the latest example of Elon Musk hijacking the US government to advance the politics of White grievance?

Finally finding time to my way through the NYT's big Musk piece, and while I'm probably late to the party — let's see the tidbits we learn. www.nytimes.com/2025/02/03/u... Starting with: one private individual has asserted so much unlawful authority, even WH officials don't know what he's up to.

Ok, I thought for sure this had to be an urban legend, but it's true. Maybe that explains why he thinks the 14th Amendment doesn't guarantee birthright citizenship abovethelaw.com/2024/05/trum...

My NY’s resolution is nothing. Nothing at all. For awhile now I’ve been striving to let go of control and find pleasure in the here and now—not overinvest in some imagined, speculative future. This non-resolution seems in keeping w/that ongoing aspiration. Happy NY all.

Biden's decision to commute death sentences for all but 3 federal prisoners stands in stark contrast to the final months of Trump 1.0, when the administration executed 13 people, more than the previous 10 presidents combined. (Published on this date in 2020👇)

That we have not been referring to our billionaires as “oligarchs” for years now is a huge communications failure. They are oligarchs, and they should be treated w the same democratic disdain we should treat all oligarchs.

🚨 New post up at my blog, and think this is an important one. In an effort to try to push back against vibes with facts, whatever post-fact cynicism we face, I've pulled together and summarized all the articles examining the empirical impact of reform prosecutors. In short: basically all upside.

Kash Patel has openly expressed his plans to “come after” journalists he doesn’t like. He is for retribution, not justice. This is from my book, #RoughBeast:

This has been an invaluable resource as a new(ish) academic teaching criminal law and procedure, and I'm really thankful that folks like @justinnyls.bsky.social and @ggkrishnamoomoo.bsky.social (and several others) in keeping it alive!

We are resurrecting and reimagining the CrimProf Blog (lawprofessors.typepad.com/crimprof_blog/), and perhaps Bluesky will be a good way to share new content.

Justin Murray posts, for AALS Criminal Procedure Section members, a call for nominations for Section leadership. lawprofessors.typepad.com/crimprof_blo...