What happens when you make political firings of top commanders and also fire the military lawyers (JAGs)? You get murderous actions that look like they will trigger international criminal prosecutions. (They also violate US law, but good luck with that.) www.miamiherald.com/news/nation-...

Jotwell IP: Graeme Dinwoodie, The Future of Notice and Takedown?, JOTWELL (September 22, 2025) (reviewing Michael Goodyear, Common Law Notice-and-Takedown, __ NYU J. Intell. Prop. & Ent. L. __ (forthcoming), available at SSRN (April 25, 2025)), ip.jotwell.com/the-future-o....

How we disappear people. No one knows who most of them are.

In "Falling Far and Fast," Yale Law Dean Robert Post, a leading First Amendment Scholar, writes that "for the first time, I have become frightened that freedom of speech in America might actually be endangered." verfassungsblog.de/turn-against...

Light in a dark time.

This too....

Just published a small blog entry on the legal grounds for Trump's imposition of a $100,000 fee for entry on an H1-B visa. Comments and corrections from those better versed in immigration law most welcome. www.discourse.net/2025/09/trum...

There’s an old Soviet joke that isn’t funny any more: Shortly after end of WW2, a Soviet solder and an American soldier were walking daily patrols on their sides of the line separating the two zones in Berlin, and eventually got to talking. 🧵1/3

That’s me in the video. And a Fox News host just celebrated me being assaulted by ICE. If ICE will do this to a congressional candidate with a big platform, just imagine what they’re doing to the people they’re kidnapping.

Just a small incident in the grand scheme of things, but very telling. www.theguardian.com/commentisfre...

They are disappearing people.

Will they rename it Potomac Pravda? www.washingtonpost.com/business/202...

Jotwell International & Comparative: Hoi Kong, Coercive Constitutionalism: Between Agency and Coercion, JOTWELL (September 19, 2025), intl.jotwell.com/coercive-con....

Jotwell Health: Amy Monahan, Preventive Care Utilization and Health Insurance Literacy, JOTWELL (September 18, 2025), health.jotwell.com/preventive-c....

Going on the to do list.

Jowell Family: Aníbal Rosario-Lebrón, Blurring the Boundaries of the Public/Private Home in the Era of the Weaponization of Parental Rights, JOTWELL (September 17, 2025), family.jotwell.com/blurring-the....

Jotwell Equality: Natsu Taylor Saito, Roots of Freedom, JOTWELL (September 16, 2025) (reviewing Angi Porter, POISON! An Africana Legal Studies Investigation into Enslaved Africans and Their Deadly Roots, 43 Law & Ineq. 1 (2025)), equality.jotwell.com/roots-of-fre....

This is extrajudicial execution, without any clear threat to the US, no authorization from Congress, and far beyond even Article II. The military is not the president's personal hit squad. Or wasn't, until now.

I started blogging this day in 2003. In www.discourse.net/2025/09/look... I thought I'd take the occasion to revisit my first serious post, "Rose Burawoy, political scientist". It has an uneasy resonance today.

Jotwell Adlaw: Mila Sohoni, Twins Separated at Birth, JOTWELL (September 15, 2025) (reviewing Jonathan Masur & Eric Posner, The Common Political Foundations of Originalism and Cost-Benefit Analysis, 77 Admin. L. Rev. 65 (2025)), adlaw.jotwell.com/twins-separa....

"Frost Children's style has been described as hyperpop and glitchcore, ... synth pop, punk rock, electro punk, hardstyle, and screamo.... the 2010s indie sleaze aesthetic, and take heavy influence from the internet and meme culture." en.wikipedia.org/wiki/Frost_C... English is an amazing language.

Quick poll: Who is the most dishonest WH press secretary in modern history: Ron Zeigler, Sean Spicer, or Karoline Leavitt? (IMHO Zeigler 3rd, Leavitt races into first) Reminder links if you need them: www.msn.com/en-us/news/o... www.nytimes.com/1973/05/30/a... www.mediamatters.org/new-york-tim...

I am proud to announce the University of Miami Constitutional Crisis Seminar Series. The series includes thirteen lectures, almost all of which will be available online, with new ones appearing weekly. www.youtube.com/playlist?lis... Full info at www.discourse.net/2025/09/miam....

Jotwell Criminal Law: Maartje van der Woude, Outsourcing the Border, Outsourcing Justice, JOTWELL (September 12, 2025) (reviewing Mary Bosworth, Supply Chain Justice: The Logistics of British Border Control (2025)), crim.jotwell.com/outsourcing-....

Somehow I doubt the state of Florida will extend its diabolical 'personal choice' vaccination policy to allow a firm to exclude the unvaccinated. Not even if the owner claims he's following his religious beliefs (ok, as a pro-science Satanologist). www.miaminewtimes.com/news/broward...

In the #Epstein world of drip, drip, drip, this is a major flood. "[H]undreds of emails from Epstein’s personal Yahoo account ... shed new light on Maxwell’s partnership with Epstein....The emails [are] part of a cache of more than 18,000 obtained by Bloomberg News" www.bloomberg.com/features/202...

Boy I wish this wasn't so close to the bone. alignmentalignment.ai

Jotwell Courtslaw: Maureen Carroll, Should drafters be penalized for clearly unenforceable terms?, JOTWELL (September 11, 2025), courtslaw.jotwell.com/should-draft.... Submit a Comment

Normally I say what's the point of contacting your Congressperson if you live in a Republican district. But now that we are ONE PERSON AWAY from cloture on the bill to force release of the full Epstein file this is the time to call up and ask for a statement why you're aren't providing that vote 1/2

Probably it stops with loud noises and maybe extra ant-drone cooperation--which is needed given they shot down circa 1/3 drones, a miserable ratio. Or, less likely, they go to Art 5 which is war. Would be quite something if they Invoke it against Belarus, where drones came from, not Russia.

Lawyering at its best. I wish we had awards for this sort of heroic representation.

"it can't happen here," right? Oh wait.

Jotwell Corporate: Tom C.W. Lin, The Shareholder Democracy Promise, JOTWELL (September 10, 2025). corp.jotwell.com/the-sharehol....

Big transition coming at @eff.org. Cindy Cohn has done *amazing* work there. Very very big shoes for someone to fill. (Cindy and I go back to her pre-EFF days when we worked on cryptography (aka 'crypto') and the Clipper Chip back then. www.eff.org/press/releas...

Brilliant. And they can't arrest you for it! (Not yet anyway.)

Jotwell Contracts: Omri Ben-Shahar, Can Consumers Roar Back?, JOTWELL (September 9, 2025), contracts.jotwell.com/can-consumer....

I cannot express how tragic and depressing this ruling allowing racial, class, and linguistic profiling is. It overturns what I have believed about the legal order all my adult life and in my legal career. We must find a way to repair this. We must find a way to repair this.

Jotwell Conlaw: Lyrissa B. Lidsky, Are You the Sum of Your Data? Appropriation of Digital Persona as Appropriation of Likeness, JOTWELL (September 8, 2025) (reviewing Zahra Takhshid, Data as Likeness, 112 Geo. L. J. 1161 (2024)), conlaw.jotwell.com/are-you-the-....

I like.

I am finding it hard, impossible really, to concoct a legal theory that could justify this ID request much less the violence, if the facts are as described. Is there some unusual DC ordinance at play?

I totally agree that this establishment of domestic "rapid deployment units", along with murdering ship passengers on the high seas, are not just red flags but huge honking red fire alarms for incipient and maybe even actual fascist government.

Was your work used by Meta to train its AI? Find out here by searching on a list derived from the libgen database: www.theatlantic.com/technology/a... (Note that the Anthropic case, which looks about to settle at least as regards training on books, is different.)

Arresting if not particularly cheering read by Marcy Wheeler on why Newsom's trolling is better suited to the PR moment than Pritzker's adulting. www.emptywheel.net/2025/09/02/a...

Useful checklist on #Epstein documents that have not been disclosed. Clip and save.

I worry a bit that every time my brother @froomkin.bsky.social writes a justified barnburner of a column like this one, torching the NYT for not naming things what they are, the NYT editors sit around and pat themselves on the back for being nonpartisan. criticalread.substack.com/p/how-the-ne...

Today's not utterly implausible Epstein conspiracy theory. Maxwell pere was insolvent at time of his suicide, which throws some shade on this narrative though.

Private universities like ours are somewhat sheltered from the evil climate for public education in Florida, but although we are now effectively a refuge it's not good even for us and there are plausible scenarios in which we're next.

Michael C. Duff, Beyond Collapse: Why Labor Law Probably Can’t End, JOTWELL (September 5, 2025) (reviewing Alvin Velazquez, The Death of Labor Law and the Rebirth of the Labor Movement, B.C.L. Rev. (forthcoming), available at SSRN (Feb. 13, 2025)), worklaw.jotwell.com/beyond-colla....

Can they really be that evil and conniving? Nothing is off the table any more.

Jotwell TrustEst: Gerry W. Beyer, The Double-Edged Sword of Digital Immortality, JOTWELL (September 4, 2025) , trustest.jotwell.com/the-double-e.... (cont below)