Joe Miller 🧶 🏳️‍🌈🪷

There’s an ex ante prophylactic that judges can use to prevent filings with hallucinated cases: adopt a standing order to require filing of an appendix with all cited authorities. 1/3

I was surprised, @mrjamesob.bsky.social , that – to accompany the four donkeys (which I love) – you went with Crapocalypse. I thought, as you started rolling out the new lingo, it would be Kakpocalypse ... given your interest in Greece and it language.

why not show, instead of tell? my suggestions - No Lex, No Rex
that's straight outta Bracton 😄

Political scientists see non-violent resistance as much more effective--and it's not just from aggregate statistics. Rather, it's the way that peaceful resistance undermines the state's repressive capacities.

This op-ed by Berkeley prof @owasow.bsky.social explains this logic 🎯.

Give it a read!

As JD Vance starts trying to play "nice Gestapo" to Steven Miller's "mean Gestapo," it's worth emphasizing that what's happening in Minnesota is a direct descendant of Vance's knowingly false racist demagoguery during the campaign. "Somalis are low-IQ thieves" is "Haitians are eating your pets."
1/

Patent Law: An Open-Access Casebook, by Sarah Fackrell, Sarah R. Wasserman Rajec & Andres Sawicki, now with a turquoise cover!

Friends, I am so delighted to share that Version 2 of our FREE patent casebook is now available on SSRN: papers.ssrn.com/sol3/papers....

This is a fascinating new experimental jurisprudence paper from Chris Jaeger on what is "reasonable."

For laypeople's judgments of reasonableness, the probability of harm (P) has an important effect beyond its role in the B<PL formula.

yalelawjournal.org/article/the-...

it has a real "underpants gnomes" vibe

Witkoff Advised Russia on How to Pitch Ukraine Plan to Trump US presidential envoy Steve Witkoff, fresh from the triumph of the Gaza peace deal, held a phone call last month with a senior Kremlin official to suggest they work together on a similar plan for Ukra...

1/Senior US official caught coaching Russia on how to massage Trump on Ukraine deal. Why? Because we are entering a new international order based not in state interests but clique interests. Welcome to neo-royalism.
www.cambridge.org/core/journal...

www.bloomberg.com/news/article...

huzzah! endnotes are a scourge

The White House Intervened on Behalf of Accused Sex Trafficker Andrew Tate During a Federal Investigation Federal authorities were chided for seizing electronic devices from Tate and his brother, and told to return them, records and interviews show. Experts said the intervention was highly inappropriate.

NEW: The Tate brothers, who have been accused of sexual misconduct in three countries, had their devices seized by law enforcement when they arrived in the U.S.

Days later, a White House official told DHS to return them.

I'm guessing it's harder to do well than to do poorly, but kudos to all for giving it a try

that time of year when every news story you see makes you think, "hmmm ... that could be an interesting exam question!"

Reading Warhol Foundation v. Goldsmith again today, teaching it tomorrow ... trying to capture the majority's vibe

Prosecutors Fail to Secure Indictment Against Man Who Threw Sandwich at Federal Agent

Hero jury saves hoagie hurler from legal grinder www.nytimes.com/2025/08/27/u...

Image shows (left to right) alumni coach Donavan Juleus, Dresden Day, Sawyer Bradford, Brianna House, Chan Creswell and Adjunct Professor Jeremy Dailey at the competition with their trophy.

Congrats to third-year #UGALaw students Chan Creswell, Dresden Day and Brianna House, along with second-year student Sawyer Bradford, on finishing as semifinalists at the Tournament of Champions Mock Trial Competition, a national invitation-only event! www.law.uga.edu/news/79692

We cannot be a meaningfully representative democracy until we replace the Senate & single-member districts as currently structured with actually representative & democratic institutions

the only nationally elected federal office-holder. That, too, could be a really healthy development.

to vote in every senate race. That's lots of voting, I realize! Every two years, 33 more choices to make on one's federal general election ballot. But the resulting mix of Senators would represent, at some level, the whole country. The malapportionment would fade. And the president wouldn't be ...

better fits our time, when politics is genuinely national, and the Senate has a thoroughly national role. Here's the idea: Senators have to reside in the state they represent. And each party's nominee gets in a primary among that state's voters. But in the general, everyone in the country gets ...

Would love to see that result. But the text of Article V seems to pull quite hard against it: "no state, without its consent, shall be deprived of its equal suffrage in the Senate." (And Art I, § 3, puts the number, per state, at 2.) I have kooky idea, focused on how Senators get elected, that ...

JD Vance claims that diversity weakens unions, as people end up distrusting each other and not organizing.

Let me tell you two menswear stories related to this claim. 🧵

Diversity doesn’t weaken unions. Racist bosses like Vance using racism to divide workers by race so they can exploit them weakens unions. All this stuff is arsonists complaining about the temperature in the building they set on fire. bsky.app/profile/diew...

The Trump Supremacy Opponents in disarray, allies in line, followers enthralled — the US president is already on his way to building a new world order

Important piece from Ed Luce in the FT today. "From today’s vantage point, Trump’s first term looks like a model of constitutional restraint."

because he is

- It is legal to organize and fund protest.
- That someone organizes and funds promotion of a protest does not mean most, some, or any protesters are paid.
- Even if all protesters are paid, that is also legal
- It is good to oppose kings and fascism
- That's not what what "begs the question" means

Billionaires Are Hoarding Power, Not Money Billionaire money has become a source of wildly distorted political power that allows a few men with extremist views to wreak havoc on the rest of us.

“The problem with billionaires isn’t that they’re hoarding money that would otherwise pay for a Scandinavian social utopia. It’s that their money has become a source of wildly distorted political power that allows a few men with extremist views to wreak havoc on the rest of us.”