I guess we're getting legal advice from the Houthis now. This reads like an admission of murder under 18 U.S. Code § 2441(d)(1)(D), www.law.cornell.edu/uscode/text/...
U.Miami Lawprof. Techie. Teaching AI, AdLaw, Jurisprudence and sometimes Privacy. EIC of Jotwell.com. Homepage at https://law.tm. Survivor of multiple medical things that should have killed me but didn't. Remains to be seen if I'm stronger.
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I guess we're getting legal advice from the Houthis now. This reads like an admission of murder under 18 U.S. Code § 2441(d)(1)(D), www.law.cornell.edu/uscode/text/...
Hideous stories of administration cruelty to vulnerable Guatamalian children. Will we learn the names of the perpetrators? Probably not, unless some reporter does reporting. Will they suffer any consequences other than possible promotions? Surely you jest.
Florida man kills thousands of children
Dune-like stuff with a backstory that explains why humanity turned its back on computers works better, although it can seem contrived unless really well executed.
Agreed. But another problem is that the science aged out. For example, they vastly under-estimated computer power, not to mention plausible future AI. All those space operas with manual/slow calculations? Ick. All the milfic with Hornblower-sized crews (they still churn them out, alas)? Just clangs.
Say it daily, please. #epsteinfiles
A lot might depend on how they promulgated the rule being overturned, but on its face this looks like something that alters rights of private parties, thus requiring a rulemaking, and not a mere Policy Statement. If so, garden variety winning legal claim.
Jotwell TechLaw: Margot Kaminski, AI Disgorgement or AI Recalls: A Trip down Remedy Lane, JOTWELL (September 3, 2025), cyber.jotwell.com/ai-disgorgem...
bsky.app/profile/jotw...
Reviewing James M. Anderson, Maya Buenaventura, Amy Mahler and Nicholas M. Pace, Empirical Tort Law (and Theory)--An Essay in Honor of Deborah Hensler, 17 J. Tort L. 97 (2024).
Jotwell Torts: Christopher J. Robinette, Why Plaintiffs Settle, JOTWELL (September 2, 2025) (reviewing Gilat Juli Bachar, Just Tort Settlements, 56 Ariz. St. L.J. 1201 (2024)), torts.jotwell.com/why-plaintif....
I'm old enough to remember when we got all excited about a push to release the full Epstein records. But in fact all we got was a very modified limited hangout nowhere near all the records. Now what?
So far it's money from Florida state coffers. Unclear if feds will ever pay for it. (I'd bet not.)
A friend sent me this post about Trump's health, or lack of it. This talk is spreading online; while slightly conspiracist it does at least have some anchoring mysterious facts. But not a word, not even a debunking one, in major media? www.doomsdayscenario.co/p/it-s-time-...
I'll go hard on "not this term".
Epstein is an exception because it fit the right's narrative and they picked it up. I don't know when exactly or how media lost the ability to identify and chase scandals on their own, but I suspect it's part of the misapplication of the ideology of "nonpartisanship".
I persist in thinking a lot of this is because media is reactive: if the Mighty Wurlitzer makes a sustained racket it becomes and stays "news". Democrats by and large have neither the instincts nor the media apparatus to ignite much less sustain (or counterfeit) it.
Timothy Synder meditates on the sheer destructiveness of the Trump-Vance cabal, and then reminds us that resistance is both patriotic and constructive. snyder.substack.com/p/look-on-my...
Jotwell Tax: Afton Titus, Invisible, But Taxed: Gender, Power, and the Tax State, JOTWELL (September 1, 2025) (reviewing Laura Seelkopf, Invisible Taxation: Women and the Tax State, 32 J. Eur. Pub. Pol'y 2157 (2025)), tax.jotwell.com/invisible-bu....
He spoke so well. And voted (and failed to object to unanimous consent) so poorly.
Just did this. You probably should too, if you use Firefox. (Now if I could just get the energy to do all the steps to install Tab Mix+....)
For lots of legal things that only involve who pays how much to whom, we work on the legal fiction that we can always make everyone whole by paying back the money later, perhaps with interest. So there's time to allow the parties to appeal a novel verdict if they want to.
I have duck.com throw-away emails if I want them. I don't want to boost the WashPo statistics on the success of this horrible policy so I refuse to play along.
Congrats to Ilya Somin on a huge win. But It's 127 pages. There goes the weekend.
Normally.
Requires login to read gift article. That is low and desperate. But that's the modern Washington Post for you. I won't give them a way to market to me, even a disposable email.
Group several in gallon baggies. I bag mine (15-20 I dunno) in groups based on time of day to take them, but the similar ones in a group are big enough that they have letters or numbers on them or distinct color. Mostly.
Spelling is woke.
Pack them each in a baggie. Second line of defense against Murphy...
Trump's war on Black women continues: www.nytimes.com/2025/08/29/u... Harris, just coincidentally, is just about to embark on a national speaking tour.
Federal Rules of Criminal Procedure: Rule 18. Place of Prosecution and Trial "Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed."
Jotwell Property: Carol Necole Brown, Bridging Divides: Stokes’ Sustainable Collaborative Governance as a Path Forward for the Energy Transition, JOTWELL (August 29, 2025) (reviewing Danielle Stokes, Renewable Energy Federalism 2.0, at SSRN (Dec. 2, 2024)), property.jotwell.com/bridging-div....
If you use a browser and care about privacy, you need Privacy Badger. It's not a complete solution, but it's a great start. (Get a VPN too.)
Closure of concentration camp DeSantis is far from meaningless as conditions were ghastly, contagious illness rampant, and no real hurricane plan. Being moved to other locations isn't great as many are bad but few are this bad.
Jotwell Native Peoples' Law: Bethany Berger, Transforming the Master’s Tools: The History of Courts of Indian Offenses, JOTWELL (August 28, 2025), lex.jotwell.com/transforming....
Jotwell Legal Profession: Sida Liu, Legal Complicity and the Futile Dream of Resistance, JOTWELL (August 27, 2025), legalpro.jotwell.com/legal-compli....
We know it was a Subway sandwich, but the public demands to know what kind of sandwich this was: was it a ham sandwich, or something else? www.nytimes.com/2025/08/27/u...
I gather the law's a bit more complicated if they have children and depends more on state rules, so there could be issues about who pays what for child support in the case of divorce. But what do I know? I learned this stuff for the bar and then promptly forgot it.
Given he's a multi millionaire with good earnings prospects the commentators predict they have a prenup in which each keeps their own separately. So, no. Also she has great lawyers and great business sense so don't worry that she's going to get a bad deal.
Meanwhile, online, I see many lawyers speculating about the shape of the pre-nup. Weird.
***THIS IS A 22% SWING*** Iowa state rep special election in a district Trump won by 11%. Unofficial results are that Democrat Catelin Drey won 55.2% to 44.8%. That is a GIANT swing & breaks GOP house super-majority. GOP should be worried: wave ahead. If we get to vote. who13.com/news/politic...
Pritzker-Warnock 2028
Oh look, it's the thing every fascist government says about the opposition party before they dissolve them and turn the country into a one party state.
Jotwell Legal History: Allison Brownell Tirres, A Nation of Emigrants: Understanding Citizenship from the Inside Out, JOTWELL (August 26, 2025) (reviewing Eric R. Schlereth, Quitting the Nation: Emigrant Rights in North America (2024)), legalhist.jotwell.com/a-nation-of-....
Jotwell Jurisprudence: Thomas Bustamante, Towards Nonhierarchical Public Authority, JOTWELL (August 25, 2025) (reviewing Avihay Dorfman & Alon Harel, Reclaiming the Public (2024)), juris.jotwell.com/towards-nonh....
Spain
Worse, I've found my exams don't grade themselves, and I've replicated that result many times in different settings.
This is one hell of a good speech. www.youtube.com/watch?v=MR0_...
Voting. But mechanically supporting the Board. bsky.app/profile/bjmq...
People are getting shrill. And with reason. criticalread.substack.com/p/we-have-be...
Most of those 55 million people are actually abroad and have visas which allow them to enter or re-enter the country. The number of visa-holders in the US this applies to is estimated somewhere on the order of 3 million.
Indeed. But in the end, few recall precisely the days January 30 (when Hitler became Chancellor), February 27 (Reichstag fire), March 22 (Dachau opened), March 23 (Enabling Act passed)—they just remember 1933. Likewise, everyone will remember 2025.
And yes, I get it that *some* of the people knocking the 'distraction' argument are justifiably upset at Dem leaders who focus on the distraction angle without mentioning any other problems (looking at you Rep. Hakeem Jeffries).
Am real tired of seeing debates here as to whether National Guard invasion of Black Mayor cities is a distraction from Epstein Files (still largely to come) or a test drive for a military takeover/mass intimidation effort before or during next elections. WHY CAN'T IT BE BOTH AT THE SAME TIME?
Says generation multitask.
Most cheerful thing I've read since the discovery of a way to totally control the transmission of AIDS. Now fix the frogs, the coral, and the birds, please. Oh, and the glaciers too.
The indispensable Jason Garcia continues his increasingly lengthy and concerning chronicle of how Ron DeSantis is asserting political and ideological control over Florida, even down to the local government level. jasongarcia.substack.com/p/empire-ris...
NON-voting although nun voting could be fun.
This suggests the Intel shares are nun voting. Solves one problem but not issues of future favoritism. cepr.net/publications...
It's continuously amazing and upsetting how the pessimists about the Trump administration are always right, except when they're not pessimistic enough.
Presumably the good stuff in the Epstein Files is so awful that they're ignoring one of the first rules of damage control: Pull the Band-Aid off quickly rather than dying a death of a thousand cuts. They must deeply be hoping they can find some modified limited hangout that will make it all go away.
Do you know if they are voting shares and if so who votes them?
I'm imagining that the catch-all statue of limitations applies to HHS officials' destruction of these required records (18 USC 2071), which is five years. www.nytimes.com/2025/08/22/u...
So if the US government owns 10% of Intel now who has statutory authority to hold the shares? Who decides how to vote them? When to sell them?
And we are only a few months into the 4-year (we think) term!
My old friend David Post knocks it out of the park here: there is no way that an executive order on mail-in ballots and/or voting machines could possibly be constitutional. reason.com/volokh/2025/... Unfortunately, these days no guarantee that some number of states might not fall into line.
I agree that "stakeholder" is a great term to avoid. Many others on this list should be embraced, though.
So today's the day that the DOJ is supposed to turn over Epstein files, or some of them, with perhaps redactions making them useless. Of course they go to a House committee which means there will be some lag before they leak. But at least we ought to hear what (if anything) gets turned over, right?
Why are these exclusive categories?
Immigration judges are not real judges--they are part of the executive branch. So replacing them with JAGs is I suspect legal. May not be worse for applicants, as JAGs have a job to go back to if they annoy ICE. Appeals go to real judges If people get time to file them (like with ordinary IJs).
The law remains the same. Judges are the same. Juries remain in place. Martial law typically involves different, stricter rules and often more summary military tribunals.
This should be where the end begins. Let’s pray it is. Governor Ferguson, America salutes you.
At long last, a light at the end of this tunnel? "All" that's needed is to capture the Senate...(and the House too of course, but that is somewhat more likely modulo new gerrymanders). Then you need is a majority vote of both houses. Never certain when enfranchising minorities.
Can't say it often enough: churches have played a key role in almost all successful US social movements from at least Abolition forward. Hard to succeed without them. www.thebulwark.com/p/exclusive-...
“I think that the real goal of Alligator Alcatraz is to instill fear” Psychological warfare’: Internal data shows true nature of Alligator Alcatraz www.miamiherald.com/news/local/i...
This is what it feels like when the Overton window takes a big shift left.
Please clone this nationally.
Not today but (allegedly) still on track for delivery of (some) (sanitized?) Epstein files on Friday. Then it will take a little time to leak.... www.nytimes.com/2025/08/18/u...
*if* released at all
Mark Friday as Epstein files day. And since they're not all going to be released then, mark lots of days after as Epstein file days too. Idiots likely will save worst for last, released at all, instead of just pulling the Band-Aid off and getting it over with. www.politico.com/news/2025/08...
Does anyone know what fraction of ICE agents past or new hiring surge are female? I'm betting it is very very small.
We are the frogs in the boiling pot, and they are turning up the flames.
We are the frogs in the boiling pot. But this (and other accounts of violent assaults by masked men with no ID in the last 24 hours) are a large escalation.
Yes! This! (I am old enough to remember when the invention of the alphabet was considered a major advance in civilization. And not just in Civ II.)
Convenient that they're building all these jails...
It shouldn't surprise anyone that federal agents who are still doing the job are enthusiastically and arrogantly MAGA. Americans should treat them appropriately.
Putin could shoot someone on 5th Ave and Trump would not impose actual sanctions.
Wait. Are you saying that the DC US Attorney can't get a grand jury to indict a sub sandwich?
Gosh, I wonder who picks fresh vegetables.
Every week, more reasons why all of a sudden I'm glad I teach in a private university. Not that they're without their problems, but still...
Of course, they said Clinton was illegitimate and Obama too. They've been rehearsing this a long time....
Plus, fewer demonstrators and easy to control.
Wish I'd thought of this one.
HUGE. The first major court victory involving conditions of confinement at ICE field offices. The judge bars detention in any cell which isn't: - Restricted by capacity - Has mats for people to sleep on overnight - Is cleaned 3 times a day - Provides hygiene supplies - Offers free legal calls
Amazingly Satanic photo of E.J. Antoni. Does he really look like that?
It would be so wrong.
Epstein's partner in abuse has zero credibility. But people willing to lie on demand are on brand for Trump. Pardon will help keep the Epstein issue alive but testimony might muddy the waters. Need to keep pressure for release of records.
Perhaps Trump believes that Russia starts in Sarah Palin's back yard?
Not to mention the huge Constitutional imbalance of the Senate... papers.ssrn.com/abstract=379...
Is this thing on? No one knows of any source of modern anti-[Trump/fascist/authoritarian/inequality] music?