True, of course. But a lot more doctrinal changes are necessary for liability to actually be imposed. (Which I know @stevevladeck.bsky.social knows— the civil legal system and 1983 in particular are just such grossly insufficient instruments for this moment).

My most recent paper (coming to SSRN in a few weeks) discusses these alleged "gang designations" in detail, & that they are primarily a feature of state/local police departments, which the feds then use in cases like this. These labels are often based on flimsy evidence, but are hard to challenge.

I’ve been thinking about this too. And when your agency/the administration applauds the *lack* of deescaltion in these situations, why would you use that training, even if it *was* sufficient?

off to #aals2026, get yer butts up early tomorrow to hear me yell about gerrymandering and state constitutional litigation! or, just message me if you want to meet up/say hi. :)

There is a *lot* going on at the moment, especially in the world of fed courts. But the priority deadline for submitting for the Fed Courts Junior Scholars Workshop is coming up - get those abstracts in! Details here: law.ku.edu/junior-facul... Please share widely with your networks!

Going on 8+ hours of delays at the airport, ask me anything

My article on Article III standing in police misconduct cases seeking injunctions (and the difficulty of proving it due to poor police record keeping practices) is now out in the BYU Law Review. In case you’re bored over the holidays :) digitalcommons.law.byu.edu/cgi/viewcont...

Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!

My mom was diagnosed earlier this year. The first time they give the test it’s to establish a baseline; every time thereafter they’re trying to see how quickly the disease is progressing.

As a teacher of first semester law students I find this…… questionable.

Preorder today. “Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance.” #books

Jesse Minter, get ready for some very, very weird emails

This is a very niche skeet and breaks my mold of only work related content On Here but can dusty may coach football too or what

Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!

Civ pro year✌🏼in the books. Another great small section of students. Still think this has to be one of the best jobs there is.

Meg is a Lawrence treasure. During Covid, she served free sack lunches to the community out of her diner. She donates meals for KU Law student events & hosts fundraisers for local orgs trying to make Lawrence a better place. We should not be failing our small biz owners like this.

The co-directors of the State Supreme Court Initiative (Matt and Julie) are two of the smartest and loveliest people I know. Please encourage good candidates you know to apply! You might even get to come visit me in Kansas . . . 👀

Joyscrolling

Monthly reminder! Lots of advanced notice! Get yer papers in (before mid January, for priority consideration)! Come hang with me in Lawrence in April!

A great opportunity for current law students to work with brilliant attorneys doing cutting edge state court work.

The White House’s interest in not being razed is ultimately an interest in not becoming a beautiful ballroom, the best ballroom, one that many have tried but not gotten done. That is not an especially weighty legal interest. Kavanaugh, J. , concurring

I got my 1st round of edits from the NYU team this week. Many comments were like “here are 10 other examples of your point since we accepted this piece.” Since they wrote their memo w/ edits 3 days ago, there are even more examples to cite to. This isn’t a humblebrag. It’s abject sadness.

@profferguson.bsky.social’s work in this area is so important.

I wrote about the Arpaio litigation in my essay on Vasquez-Perdomo, and how Kavanaugh's concurrence ignored that case's history. Glad to see @jesspish.bsky.social, an expert on local sheriffs, picking up that thread, too. papers.ssrn.com/sol3/papers....

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting! Will work on distributing this to various listservs and blogs, but please share if you are able.

This is mostly correct. Most law enforcement agencies wouldn't do something this egregious. I do worry, however, that this sort of behavior at the federal level only emboldens state and local police to match course.

My essay on the (very incorrect) Kavanaugh concurrence in Vasquez Perdomo has found a home - coming to NYU Law Review Online in early 2026. For now, draft available here: papers.ssrn.com/sol3/papers....

Another big month for state supreme court oral arguments. Is there a constitutional right to record law enforcement? Can Texas seek information about PFLAG's membership? Can Michigan deny workers comp to undocumented immigrants? And much more... statecourtreport.org/our-work/ana...

This is a VERY well crafted lawsuit. 1) Plaintiff is natural born. 2) He was detained 2X in a fast-growing part of Alabama, not in a city that Brett Kavanaugh could be easily duped into believing was all migrants. 3) Unwarranted detentions were on private property. 4) He showed Real ID both times.

Hi hello I litigated the '22 redistricting case in the KS courts & this is legit giving me hives. (1/2)

This is the new case I posted about this morning (which I think got lost in the shuffle with the release of the truly momentous AAUP decision . . .)

New IJ lawsuit filed today challenging ICE raids of construction sites, wherein ICE detains American citizens in AL, rejects their proof of citizenship, and holds them without PC. Worth a read, and more evidence of the wide gulf b/w what SCOTUS says is happening and what is actually happening.

Good thing the Kansas Law Review is hosting an entire symposium on this in two weeks!! law.ku.edu/academics/ha...

The world is very dark, and we’re hitting the mid semester craziness, but being friends with @gshans.bsky.social for a long time means you sometimes get a fun postcard in the mail, and if you’re *really* lucky, homemade baked goods. Thanks friend, for always bringing me joy, both big and small.

Hot take: I know it is catching on *on here*, but I don't like calling these "Kavanaugh Stops/Detentions." Mostly because Kavanaugh would never experience this, and because it obscures the blatant unconstitutionality of the tactics behind a pithy dig. Also: its not just ICE that does this.

Now up on SSRN with a revised abstract. Still very much a work in progress, hopefully coming to an online law review soon? papers.ssrn.com/sol3/papers.... I added in some info abt the DDC suit filed yesterday, which in my view suggests a broader practice & further supports distinguishing Lyons.

I wrote a quick essay in response to the Kavanaugh concurring opinion in Noem v. Vasquez Perdomo. In short, like others, I think he got it wrong. Happy to send the draft to anyone interested in reading. Thanks to early interlocutors, including @dorfonlaw.bsky.social, for helpful feedback.

Yet more evidence why Kavanaugh's concurrence in Noem v. Vasquez Perdomo was just plain wrong. These raids appear to be an arrest first, ask questions later operation. Also suggests broader policy/directives from DHS/ICE that aren't unique to LA. Hoping to get my essay on this up on SSRN soon.

My article on Burdens of Proof in Constitutional Criminal Procedure is out! Burdens are important (often determining outcomes in crim pro cases) & often overlooked. This article provides advocates with a roadmap for raising burdens more effectively. scholarship.law.duke.edu/cgi/viewcont...

Quick reminder to sign up for the Kansas Law Review symposium on October 17 and come hang with me in Lawrence! law.ku.edu/academics/ha...

I wrote a quick essay in response to the Kavanaugh concurring opinion in Noem v. Vasquez Perdomo. In short, like others, I think he got it wrong. Happy to send the draft to anyone interested in reading. Thanks to early interlocutors, including @dorfonlaw.bsky.social, for helpful feedback.

I (and many, many others) have successfully litigated entire class action lawsuits demonstrating that this is not the case.

The KU Law Review is putting on a fantastic symposium this fall (10/17) entitled State Constitutions in Times of Federal Uncertainty. Schedule and registration link can be found here: law.ku.edu/academics/ha... Please share widely! We hope you can join us.

Couldn't make it last year but hoping to join this year - hope others consider submitting too!

Happy to share this paper is now forthcoming in the Cardozo Law Review, publishing in early 2026. Looking forward to working with the terrific @cardozolaw.bsky.social students.

Happy FAR distribution day for folks on the market this year. If you have any interest in Kansas, please reach out! We are hiring a few entry level ppl this year, and although I am not on the committee, I am always happy to connect about KU Law, life in KS as an east coast transplant, etc. 💙❤️

I don't live in DC anymore but did off and on for 12 years, and the scariest thing about that city was the Dave Thomas Traffic Circle, iykyk. second scariest was the waitlist for the DOJ employee daycare.

Welp. Here we are, as I suspected we would be. www.propublica.org/article/trum...

2026 summer associate applications now open - apply here! www.alilockwood.com/2026-summer-...