Luke Smith Morgan

On the Phenomenology of Giant Puppets Broken windows, imaginary jars of urine, and the cosmological role of the police in American culture What follows is an essay of interpretation. It is about direct action in North America, about the mass mobilizations organized by the so called “anti-globalization movement”, and especially, about the...

Yeah, I vastly prefer his historical anthropology to the more contemporary "Occupy"-flavored stuff but this one was in a collection of his essays I read this summer so it immediately sprang to mind.

On the Phenomenology of Giant Puppets Broken windows, imaginary jars of urine, and the cosmological role of the police in American culture What follows is an essay of interpretation. It is about direct action in North America, about the mass mobilizations organized by the so called “anti-globalization movement”, and especially, about the...

davidgraeber.org/articles/on-...

absolutely

Also law reviews should have crossword puzzles

I get why homogeneity happens and agree that the average article is too long, but imo the solution is not "let's make them all 40 pages instead of 50" but rather to let them diversify in form

Someone should start an inverse JOTWELL that just publishes vicious personal attacks on bad legal scholarship

Engaging in some nonjudicial functions this beautiful autumn afternoon

smoothly and subtly slipping the word "undergrad" in there, no one even noticed

I've been immersed in some fiction that hammers this theme so maybe I'm being unduly influenced but so much of Our Current Situation is basically either directly or proximately caused by the Corruption of Our Elites

I don't have it fully fleshed out but my (serious) working thesis is: this is all pretty much Yale and Harvard's fault

Judge IMMERGUT, a Trump appointee to the bench, ruled that Trump's call-up was based on false claims about unrest in Portland and that Trump's own statements were "simply untethered to the facts." storage.courtlistener.com/recap/gov.us...

"Solar energy is anticipated to be the world’s main source of energy by 2050" hell yeah

good for him but I will be spreading targeted disinformation about the origins of the name

had no idea this existed. time for an extremely targeted real estate search

Oops!

(insert "always has been" meme)

Writing truly the most unhinged personal jurisdiction practice question of all time

fascinated by the concept of an anti-David Lat protest

Like I don't agree but I think it's not frivolous to say this fact pattern "triggers" govt speech doctrine; it also obviously triggers content & probably viewpoint discrimination prohibitions. And as AMK points out, forum doctrine. And the result just depends on which frame you pick at the start.

yeah if you construe government speech too broadly it cometely breaks the internal structure of first amendment doctrine; this is a good example of how initial categorization decisions (which doctrinal path do you go down?) are outcome-determinative and that's totally under-developed and -theorized

It was about a court (FL?) holding that libraries are government speech so no 1A problem with content-based book bans

or it just doesn't want to tank the market with OAs suggesting otherwise right before the holiday season!

RIP to Jane Goodall, who opened the world's eyes to our closest relatives. (Photo by NatGeo's Hugo Van Lawick)

As I've said before it's genuinely insane to say "democratic accountability requires the president to be able to fire everyone EXCEPT the guys that press the 'more unemployment' button"

In the abstract: 1000%, I hate Epic Writing (& sarcasm) in opinions.

Here, IMO the sin is that he didn't quite pull it off. He said some things that needed to be said by someone like him. But it's a little clunky, which makes it feel a little riskier and less worth whatever risk it does create.

If I had to guess any susbequent appellate opinions politely ignore the elephant in the last fifteen pages of the room.

I honestly don't think he created reversal risk. I think he created a risk that if it's reversed it gets assigned to someone else. (But I also don't think it's going to be reversed. This is black letter law. If it gets reversed it's because SCOTUS wants to change the law.)

I was having a discussion recently basically about this—played through high school and absolutely could've kept going as a defensive player but at some point it just becomes blindingly obvious that you have no hope of ever hitting the ball well enough to compete