Brian Highsmith

Brian Highsmith

@bhighsmith.bsky.social

institutions, inequality, geography, democracy | asst law prof at UCLA

9,654 Followers 4,083 Following 93 Posts Joined Jun 2023
1 day ago

Declaring that no quarter will be given unequivocally violates international humanitarian law. Indeed, ordering that no quarter will be given, threatening an adversary therewith or conducting hostilities on this basis is prohibited and constitutes a war crime.

2,035 528 73 25
1 day ago

“What are the lessons from the Parisian revolution?

First, pushing out cars improves life for most inhabitants.

Lesson 2 is that banishing cars doesn’t hurt an urban economy.

Lesson 3: car-free cities must offer people good alternative ways to travel. Paris itself does.”

@simonkuper.bsky.social

153 68 0 2
1 day ago
Tweet from Katie Porter: 0% state income tax for California families making under $100,000. That’s thousands of dollars back in your pocket where it belongs.

As Governor, I’ll work the issue at both ends—lowering taxes for those who are struggling and raising them on the biggest corporations that can afford to pay.

Personally, I think people who are between the third and fourth quintile of income-earners in California should probably pay some income tax.

1,779 169 37 126
1 day ago

This is the way.

237 35 4 2
2 days ago
The killing of schoolchildren should shock our conscience and cause us to recoil in horror.

A nation whose leaders can so easily shrug off the death of children, no matter the cause, is in need of moral repair. 

There must be accountability and lessons learned from this tragedy. And we must never forget that Iranian children, too, are children of God.
7:08 PM · Mar 12, 2026
·
7,179
 Views

Shouldn't be rare to see this said by a US senator

10,849 2,472 220 45
1 week ago
Preview
Building the Electrostate | Sandeep Vaheesan In the United States today, officials at all levels of government generally act as if private enterprise is the only way to provide goods and services.

In @nybooks.com, Sandeep Vaheesan reflects on New Deal electrification and how to build the electrostate.

4 2 1 0
1 week ago
DEAR PRUDENCE: THE ATOMIC ORIGINS, DECARBONIZATION DEPLOYMENT, AND TRANSFORMATIVE POTENTIAL OF A REGULATORY PRINCIPLE <p>This Article provides the first comprehensive account of the history and doctrine of imprudence disallowances, a utility regulation tool that has reemerged i

FWIW here's the paper.

It builds on one of the most successful environmental legal campaigns of all time to argue for a fundamental change in how we conceptualize utilities!

papers.ssrn.com/sol3/papers....

12 1 1 0
1 week ago

I never use AI to write my law review articles. I earn every rejection on my own 😊

111 10 6 1
1 week ago

I agree, quite apart from the merits of the case. Alito could only defend the Supreme Court's authority to intervene by grievously misrepresenting the facts. The reality is that there's no plausible argument SCOTUS had the power to do what it did. Why didn't that matter to six justices?

1,523 444 32 13
1 week ago

There's been a lot of debate within the Democratic establishment about what rhetoric to use via ICE.

Well, an incumbent doesn't lose by 48 percentage points very often—and her vote on collaborating with ICE was the defining issue here.

8,325 2,490 98 107
1 week ago

This thread on Alito's outrageously misrepresentation of the facts in the NY voting rights case is so damning. Alito's account was misleading to the point of falsity. And there's nothing anybody can do about it. He gets to toss around bogus claims without any consequence.

1,370 539 46 15
1 week ago

This is how we do constitutional law now, fyi

93 9 8 1
1 week ago
Preview
State Court Oral Arguments to Watch for in March Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.

NEW: There are a number of significant state oral arguments this month, covering mid-decade redistricting, ghost guns, access to voter data, gender affirming care for minors, and more. Check out @skess108.bsky.social’s roundup in @statecourtreport.org. statecourtreport.org/our-work/ana...

19 10 0 0
1 week ago
Preview
Helsinki just went a full year without a single traffic death The capital city is Finnish’ed with car-related fatalities.

“Helsinki hasn’t registered a single traffic-related fatality in the past year…Citing data that shows the risk of pedestrian fatality is cut in half by reducing a car’s speed from 40 to 30km/hr, city officials imposed the lower limit in most of Helsinki’s residential areas and city center in 2021.”

2,444 836 38 100
2 weeks ago

It’s crazy that it’s basically just a combination of the single worst most disastrous parts of every administration in history

5,053 686 57 25
2 weeks ago

Strongly recommend this excellent piece. It actually understates the US failure: Brazil and S. Korea aren’t outliers. Quite the opposite. Since 2010, 31 democracies have convicted or banned leaders from office. Accountability is the democratic norm. America is the sole outlier.

659 273 9 8
2 weeks ago

Wow. +7 majority support for court expansion—an eye popping +37 among Dems—is the BEFORE number, with little to no national messaging.

113 42 8 8
2 weeks ago

This stunt where ICE releases people far from home with no proper clothing and no way home should be treated as attempted homicide. In this case, actual homicide. These cases are not accidental or based on misunderstandings. They are deliberate attempts to inflict bodily harm.

2,916 1,025 50 37
2 weeks ago

the central problem of a set of economic promises significantly premised on homeownership as the asset which stabilizes and assures the security of people. How do you make that asset expensive (and increasing over time!) and yet avoid locking new consumers out of homeownership?

6 2 1 0
2 weeks ago

Painful to read this and think about the 2021 coup attempt, which was as blatant as it gets. An utter failure of US elites to seize the moment when everybody saw the threat right in front of their eyes.

If we have history books in the future, they will be unkind.

2,784 607 37 31
2 weeks ago

I found that this is wrong. Democracy actually is a powerful motivating force for a critical slice of the population *if they perceive a real threat*.

I call this the "legibility" theory of democratic backsliding: the more legible the threat, the more likely it is to prompt effective pushback.

1,102 230 10 21
2 weeks ago
Preview
Southern California air board rejected pollution rules after AI-generated flood of comments SoCal’s pollution authority scrapped a plan to phase out gas-powered appliances after receiving more than 20,000 emails sent by an AI-powered platform called CiviClick.

“For years, companies have employed bots or orchestrated fake ‘AstroTurf’ campaigns to create the appearance of grassroots opinion on an issue, but the introduction of AI technology could make it even harder for elected officials to engage in earnest with the public.”

223 117 6 9
3 weeks ago

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.

11,814 3,922 107 128
3 weeks ago
A wide & growing range of laws are now subject to strict scrutiny if they burden a plaintiff's sincerely held religious belief. Current doctrine requires courts to defer to a claimant's characterization of her own beliefs & burdens when deciding a religious exemption request, making this threshold test exceptionally-indeed, many scholars argue, excessively-easy to pass. But a less deferential approach would risk making civil courts the arbiter of which religious beliefs are orthodox, reasonable, or true.
This Article demonstrates that SCOTUS once had an effective solution to this double-bind. Historically, the Court expected religious exemption claimants to show that they were obligated to follow a religious "law" that shared basic features with secular laws, including generality, clarity, and administrability.
The Article reaches this insight by reading religious exemption cases alongside a line of cases with which they are rarely linked: church property disputes. Starting in the late 19th c., the Court encouraged churches to give their religious commitments legally cognizable form in private law instruments like trusts and church "constitutions." During the 20th c., the Court imported this practice into the context of individual religious exemption claims. The source of religious rules of conduct could now be personal conscience rather than church doctrine-but believers still needed to frame these rules in legalistic terms when invoking the protection of civil courts.
The choice between deciding religious questions or deferring absolutely to
religious litigants, then, is a false one. From the 1870s through the 1980s, the Court's prophylactic legality requirement prevented courts from interfering in religious doctrine and minimized frivolous religious exemption claims. Recognizing this history reveals that the current "hands-off" approach to religious belief statements not only is not constitutionally required, but carries constitutional hazards of its own.

I’m thrilled, yes, & also stunned and bewildered, to announce that my job talk paper, Religion as Public Law, will be published in the Yale Law Journal next year. 1/6

265 36 21 2
3 weeks ago

Elimination of emissions standards was one of the pretty clear policy stakes of the 2024 election and it received about 1% as much coverage as whether Tim Walz retiring from the national guard after 21 years was cowardly.

2,940 782 34 21
3 weeks ago
Post image

The pace at which US wealth concentration is rising is simply staggering

The concentration of AI wealth into the hands of a few tech barons + plutocratic capture ==> unchartered territory

4,190 1,853 129 316
1 month ago
Last month, an 18-month-old at Dilley was taken to a regional children's hospital with dangerously low blood-oxygen levels after her parents had begged for weeks for someone at the facility to address her illness, the parents said in an emergency petition for her release. A
35-year-old woman released last week said medical staff initially refused to see her after she began hemorrhaging profusely, soaking through six sanitary pads in an hour; she was ultimately taken to a hospital. And last summer, a 32-year-old man died at the Florence center after being detained at the facility for roughly three weeks. The man had been detained even though he was seriously ill with diabetes and had recently been hospitalized with dangerously high blood sugar.

Whenever you read a horrifying list like this about people who are critically ill or died in ICE concentration camps it’s important to remember that these are just the stories that got out because they were lucky enough to have lawyers who could tell their stories.

493 215 4 8
1 month ago

The best case scenario is that Trump will waste $38 billion. The more likely outcome is that these will become warehouses of human suffering, and a permanent stain on America's history.

1,174 395 36 13
1 month ago

“It feels like someone just lit a match on your eyelid and put out a match on your eyelid”
This is a helluva reporting job by @nbcnews.com with videos, photos & eyewitness accounts of how the ICE rampage through American cities is inflicting "grievous injuries" on people. Read/share:

63 38 3 0
1 month ago
Preview
Local and State Police Can Investigate Federal Agents, But Rarely Do It doesn’t happen often, but local law enforcement can arrest and charge federal agents. Legal experts say there’s a moral obligation to at least try to hold federal immigration officers accountable w...

“Unfortunately, because Congress is not taking any steps to rein ICE officers in, there really is no option other than states protecting their constituents’ rights," said Joanna Schwartz, a law professor at UCLA.

2,124 795 85 45