@ericfish.bsky.social
Law Professor at UC Davis. Writing about criminal law, constitutional rights, and prosecutions at the border.
Robynn Cox and I have a new paper! It's about the history of predictive algorithms in criminal justice, back in the 1920s-1950s. This paper is the result of five years of research and we're so happy to see it out. π§΅ 1/
13.02.2026 14:39 β π 59 π 27 π¬ 2 π 1douglas adams was our most accurate futurist
15.02.2026 22:10 β π 10939 π 2776 π¬ 110 π 33Congratulations!!
16.02.2026 03:56 β π 1 π 0 π¬ 0 π 0Now forthcoming in the Virginia Law Review, my latest work rethinks how information should get shared in criminal cases, and why we need to look beyond the celebrated Brady doctrine if we are serious about improving the fairness of criminal discovery. π§΅π½
16.02.2026 00:58 β π 15 π 3 π¬ 3 π 1Read the outstanding law review article by Chesa Boudin and @ericfish.bsky.social linked in the pieceβGJ reform is an absolutely necessary bulwark against tyranny. www.nytimes.com/2026/02/13/o...
13.02.2026 16:37 β π 3 π 2 π¬ 0 π 0Shouldβve been titled Bemidji
07.02.2026 04:18 β π 0 π 0 π¬ 0 π 0Thrilled to share that πΊπ’πππ‘ ππ¦ ππππππ‘βπππ has found a home with the Yale Law Journal. This piece examines parental liability regimes and parental rights, and how they are connected by a shared logic that harms children and families. Thank you to all those who read drafts and offered feedback!
06.02.2026 17:01 β π 65 π 11 π¬ 7 π 2Congratulations!
07.02.2026 01:42 β π 1 π 0 π¬ 0 π 0Chester A. Arthur
23.01.2026 01:00 β π 2 π 0 π¬ 1 π 0Bob Dylan needs to do the right thing and give his Nobel Prize to Cormac Mccarthy
16.01.2026 02:51 β π 6 π 3 π¬ 0 π 0Congratulations!!
07.01.2026 06:16 β π 2 π 0 π¬ 0 π 0Another data point (hopefully): www.nytimes.com/live/2025/12...
23.12.2025 23:06 β π 0 π 0 π¬ 1 π 0This does seem basically right, sadly
23.12.2025 06:23 β π 1 π 0 π¬ 0 π 0I thought I was just getting good at it :(
13.12.2025 21:14 β π 2 π 0 π¬ 1 π 0Fish & Keller on the Crime of UndocumentedΒ Presence
Eric S. Fish (University of California, Davis - School of Law) &Β Doug Keller have postedΒ Fabricating the Crime of Undocumented Presence on SSRN. Here is the abstract: In 2025, the Trump Administrationβs Office of Legal Counsel declared that it isβ¦
That sandwich looks good. Was this a chicken and pickle sandwich year?
18.11.2025 08:50 β π 1 π 0 π¬ 0 π 0Just posted a draft law review article written with @dkeller.bsky.social. It concerns the Trump Administration's efforts to turn being an undocumented immigrant into a permanent criminal status. Available here: papers.ssrn.com/sol3/papers....
18.11.2025 08:06 β π 6 π 1 π¬ 0 π 0in fairness, polygraph tests don't work
17.11.2025 04:01 β π 12 π 0 π¬ 1 π 0Kudos to @ucirvinelaw.bsky.social L.Rev. for doing this. And to @jessicasilbey.bsky.social
13.11.2025 00:23 β π 14 π 1 π¬ 0 π 0My latest article, Policing Childrenβs Data, is out today. It offers a comprehensive look at how law enforcement accesses childrenβs digital information and challenges the assumption that parental consent is enough to protect kidsβ privacy.
π Read more: wustllawreview.org/2025/11/12/p...
I recommend muting liberally!
12.11.2025 10:46 β π 0 π 0 π¬ 0 π 0time to update the olβ jury nullification lecture
06.11.2025 19:49 β π 3 π 0 π¬ 0 π 0Heh, well I guess the TRUE insiders come up less overt ways to claim originality. Audiences upon audiences.
04.11.2025 23:24 β π 2 π 0 π¬ 1 π 0I think in both instances there are multiple audiences, and "respectfully"/"this article fills an astonishingly gaping vacuum in the literature" provides a strategic signal to certain outsider audiences, while being presumptively ignored by insider audiences.
04.11.2025 23:19 β π 1 π 0 π¬ 1 π 0Congratulations!!
14.10.2025 19:08 β π 3 π 0 π¬ 0 π 0My new essay is in the University of Chicago Law Review Online: βChildren and the Cars That Watch Them.β
Autonomous vehicles promise freedom for kids, but also bring unprecedented surveillance.
Parental consent isnβt enough; we need substantive limits.
lawreview.uchicago.edu/online-archi...
I suspect the sign is mostly in response to ICEβs practice of tricking people into consent searches: www.immigrantdefenseproject.org/ice-ruses/
15.09.2025 07:30 β π 8 π 0 π¬ 0 π 0The sign is pretty good evidence in the suppression hearing if/when the cops testilie that they got consent for the search
15.09.2025 07:22 β π 9 π 0 π¬ 1 π 0You went blueskiral! I didnβt think it was possible!
13.09.2025 04:37 β π 1 π 0 π¬ 0 π 0