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Daniel Sharfstein

@danielsharfstein.bsky.social

Vanderbilt law prof, American legal history, property, federal Indian law, author of THUNDER IN THE MOUNTAINS and THE INVISIBLE LINE

2,397 Followers  |  660 Following  |  16 Posts  |  Joined: 25.08.2023
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Posts by Daniel Sharfstein (@danielsharfstein.bsky.social)

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Sign the Petition Keep the Classical Languages Major at the University of Iowa

Hi friends. As I previously noted, the U. of Iowa is planning to get rid of African American studies; Gender, Women & Sexuality Studies, & the Classical Languages majorβ€”along with others. If you wish, please sign the classics petition: www.change.org/p/keep-the-c.... I will add more as I find out.

01.03.2026 14:19 β€” πŸ‘ 300    πŸ” 201    πŸ’¬ 9    πŸ“Œ 7
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The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review In war powers analysis, reliance on the interpretive method of historical practice, also called the β€œgloss of history,” has made history a technology of the forever war. This approach draws upon the h...

Rick Scott on @cnn.com: Every president since Truman has gone to war without a war declaration.
It's not a good sign that my work is relevant:
The Gloss of War: Revisiting the Korean War’s Legacy - Michigan Law Review share.google/bd3NyagMfAdL...

28.02.2026 23:59 β€” πŸ‘ 52    πŸ” 14    πŸ’¬ 1    πŸ“Œ 0
Post image 28.02.2026 14:27 β€” πŸ‘ 1292    πŸ” 236    πŸ’¬ 22    πŸ“Œ 5
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Opinion | The Great Unraveling Has Begun

Today's attack on Iran is an attack on the postwar legal order. Yet again, Trump has taken an action that threatens to end an era of historic peace and return us to a world in which might makes right. The cost will be paid in human lives.

www.nytimes.com/2026/01/06/o...

28.02.2026 14:46 β€” πŸ‘ 413    πŸ” 118    πŸ’¬ 11    πŸ“Œ 9
28.02.2026 01:57 β€” πŸ‘ 1316    πŸ” 411    πŸ’¬ 35    πŸ“Œ 9

With the outstanding teamwork with Brendan Benedict and Michael Altebrando, @evanbernick.bsky.social & I proudly filed this originalist amicus brief defending birthright citizenship in Trump v. Barbara:
www.supremecourt.gov/DocketPDF/25...

27.02.2026 00:06 β€” πŸ‘ 491    πŸ” 85    πŸ’¬ 14    πŸ“Œ 16

this is a great brief and it appropriately ends with a killshot: the simple observation that if trump's meaning held, the birthright clause would not have overturned dred scott, the one thing it was absolutely meant to do.

27.02.2026 13:01 β€” πŸ‘ 2522    πŸ” 585    πŸ’¬ 29    πŸ“Œ 10

We want the holodeck but are getting the Borg

26.02.2026 13:52 β€” πŸ‘ 252    πŸ” 61    πŸ’¬ 6    πŸ“Œ 1

A Democratic president in 2029 needs to willing to reduce the size of the presidency, which presidents are loath to do. In 2022 @qjurecic.bsky.social and @andrewkent.bsky.social wrote a great piece in @lawfaremedia.org on Biden's failure to get that job done. www.lawfaremedia.org/article/what...

25.02.2026 18:04 β€” πŸ‘ 53    πŸ” 17    πŸ’¬ 7    πŸ“Œ 1

it's a problem if the government tells a private company to change its business or else the government will not only cease working with it, but will also put it on a blacklist that prevents anyone else from working with it

another version state capitalism/taking stakes in private companies

24.02.2026 18:35 β€” πŸ‘ 58    πŸ” 25    πŸ’¬ 3    πŸ“Œ 1

Really excellent analysis of what made Wiseman's work so special, and what it meant that he rejected such documentary clichΓ©s as "cinΓ©ma vΓ©ritΓ©" or being a "fly on the wall."

24.02.2026 18:11 β€” πŸ‘ 38    πŸ” 9    πŸ’¬ 1    πŸ“Œ 1
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Thrilled that my article, Forgotten Framers: Black Conventions and the Second Founding, is forthcoming in the Stan. L. Rev. @stanlrev.bsky.social. It discusses Black Conventions held during Reconstruction and how these conventions are critical to a proper understanding of the 13, 14, & 15th Amdts.

20.02.2026 20:31 β€” πŸ‘ 351    πŸ” 79    πŸ’¬ 5    πŸ“Œ 5

netflix is seeking regulatory approval to buy warner bros and fighting off a competing bid by friend-of-trump larry ellison's son

21.02.2026 23:24 β€” πŸ‘ 407    πŸ” 155    πŸ’¬ 23    πŸ“Œ 8

Doesn’t get reported often and clearly enough that local law enforcement are getting cash bounties for people they turn over to ICE (at least under 287g partnerships, if not in other ways). The incentives to racially profile and arrest are extremely corrosive

21.02.2026 18:00 β€” πŸ‘ 31    πŸ” 16    πŸ’¬ 0    πŸ“Œ 1

Incredible opinion. It holds that the common ICE tactic of jumping out of an unidentified rental vehicle and seizing suspected noncitizens while masked violates the Fourth Amendment because the *manner* of the seizure is incompatible with a free society governed by the rule of law.

21.02.2026 00:51 β€” πŸ‘ 11817    πŸ” 3929    πŸ’¬ 107    πŸ“Œ 128
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About - Obama Presidency Oral History The Obama Presidency as told by 450+ officials, activists, organizers, and extraordinary people from all walks of life.

An awesome resource for researchers and others just opened this week. obamaoralhistory.columbia.edu/about

20.02.2026 23:25 β€” πŸ‘ 20    πŸ” 8    πŸ’¬ 0    πŸ“Œ 0
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Opinion | Soil, Not Blood, Determines U.S. Citizenship

Akhil Amar: β€œCrucially, nowhere does the text [of the 14th Amend.] use the words β€œparent,” β€œparents” or β€œdomicile.” Had it done so, the amendment’s framers and ratifiers would have needed to wrangle over countless complexities, large and small, raised by these words.” www.nytimes.com/2026/02/20/o...

20.02.2026 12:04 β€” πŸ‘ 100    πŸ” 15    πŸ’¬ 2    πŸ“Œ 1

This is the coolest film-programming idea ever!

18.02.2026 23:04 β€” πŸ‘ 181    πŸ” 20    πŸ’¬ 5    πŸ“Œ 1

Now available for free! Please check out this important special issue. Now more than ever, the Civil War era provides us with important lessons for our harrowing current moment

17.02.2026 23:38 β€” πŸ‘ 31    πŸ” 19    πŸ’¬ 0    πŸ“Œ 1

Contemplating the immensity of what Frederick Wiseman brought to documentary filmmaking is too dizzying a task to take on the same day he leaves us. Put it this way: he lived to be 96 while never ceasing to find new ways to see & film & show the world around him in all its complexity. A+ job on life

16.02.2026 23:16 β€” πŸ‘ 203    πŸ” 46    πŸ’¬ 6    πŸ“Œ 4

This is a subtle point but I’ll try it out as a β€œyes, and”: What Minnesota (not just Minneapolis) showed us is even bigger than β€œlove your neighbor,” because in Minnesota, β€œneighbor” is a more expansive category than proximity. It’s anyone who needs help.

16.02.2026 23:12 β€” πŸ‘ 1085    πŸ” 255    πŸ’¬ 25    πŸ“Œ 12

As an attorney with occasional experience with the Equal Time rule, I can explain what's going on here and how the FCC's Brandon Carr is leveraging his position to force late night and daytime talk show hosts to exclude Democratic candidates.

First I need to explain the Equal Time rule itself. 1/

17.02.2026 13:37 β€” πŸ‘ 2759    πŸ” 1120    πŸ’¬ 62    πŸ“Œ 65

Trump becomes the second consecutive president whose actions a judge slammed as β€œOrwellian” in an opinion released on a national holiday and reported on by @joshgerstein.bsky.social. Let’s hope this decision fares better on appeal than the last one, which is here:
www.politico.com/news/2023/07...

17.02.2026 00:03 β€” πŸ‘ 53    πŸ” 11    πŸ’¬ 2    πŸ“Œ 0
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Opinion | How much money has Trump made as president? The answer should worry us all. Ian Bassin: As an Obama White House lawyer, I counseled staff to behave like they are allergic to free stuff. What the Journal report describes threatens not just the public trust but also our nationa...

As a White House ethics lawyer I told staff:

β€œBe allergic to free stuff” and not to even accept a can of soda from someone with business before the White House.

So how has the story of a UAE royal making a deal worth nearly $200m to the Trump family fallen out of news? www.ms.now/opinion/trum...

16.02.2026 16:53 β€” πŸ‘ 518    πŸ” 235    πŸ’¬ 26    πŸ“Œ 6
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Meet Minnesota Bathrobe Lady Sam Stroozas of MPR News | Minnesota Public Radio Earlier this week, an unexpected and fast-moving incident unfolded in St. Paul, Minnesota involving both federal and local law enforcement. As crowds gathered and questions mounted, one of our MPR New...

hello minnesota and beyond! thank you for your kind messages. it is very weird to be the news when you cover the news. i love this beautiful state and journalism, and i am hopeful for better days. but we will be forever changed bc of the last two months.

14.02.2026 04:44 β€” πŸ‘ 5509    πŸ” 1163    πŸ’¬ 94    πŸ“Œ 78
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Trump administration drops appeal of court order blocking $1.2-billion UCLA settlement The Trump administration dropped its appeal of a major higher education case in which a federal judge blocked its $1.2-billion settlement proposal to UCLA over alleged civil rights violations. It will...

This is a genuinely huge, sweeping victory today for the University of Californiaβ€”or rather, for us, its faculty, acting through our faculty associations, while the UC itself maintained a strict policy of deer-in-headlights silence.

The Trump admin has given up its appeal of a powerful injunction:

14.02.2026 04:57 β€” πŸ‘ 2425    πŸ” 760    πŸ’¬ 25    πŸ“Œ 59
Photo of Frederick Douglass, who some say was the most photographed person of the 19th century

Photo of Frederick Douglass, who some say was the most photographed person of the 19th century

Happy birthday to one of the greatest, Frederick Douglass. Born into slavery, he didn't know his actual birthday, but chose to celebrate it on this day.

Please read his books and essays; please teach your children his story when they are old enough to understand.

14.02.2026 15:23 β€” πŸ‘ 1398    πŸ” 383    πŸ’¬ 16    πŸ“Œ 27
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Court rebukes Trump administration for denying immigration detainees access to lawyers It’s the latest and perhaps most pointed rebuke yet from Minnesota federal judges.

NEW: After announcement of end to MN immigration surge, Trump admin slammed by Trump-appointed judge for denying detainees access to lawyers. Feds also drop criminal charges against 2 immigrants over incident Noem called "attempted murder." w/@kyledcheney.bsky.social www.politico.com/news/2026/02...

13.02.2026 02:40 β€” πŸ‘ 123    πŸ” 53    πŸ’¬ 2    πŸ“Œ 5

Habeas corpus actions are the ancient common law writ used to create a legal action to sue for freedom. They were crucial in the early-nineteenth-century efforts to challenge slavery.
This graph showing β€œhabeas cases” suddenly leaping in 2025 β€”
is terrifying.

dlas.uncg.edu/petitions/

10.02.2026 19:37 β€” πŸ‘ 218    πŸ” 90    πŸ’¬ 2    πŸ“Œ 1
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Opinion | Universities are sending Trump a dangerous message Higher education is under attack. Drop the appeasement.

Arne Duncan gets it. I hope the leaders of my university and so many others take this to heart. wapo.st/4qomlXe

09.02.2026 22:00 β€” πŸ‘ 36    πŸ” 11    πŸ’¬ 1    πŸ“Œ 0