Luke Smith Morgan
law professor. dad. democracy & solar power. hoops.
my opinions are solely my own & not attributable to anyone else. or even to me. thoughts arise of their own volition.
ssrn: papers.ssrn.com/sol3/cf_dev/AbsByAu…
- Genuinely: every 30 rock episode I know this because I finished a rewatch a couple months ago and *immediately started another rewatch* and it was still laugh-out-loud funny multiple times per episode.
- See you all there!
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- reading political question doctrine cases; it's really quite galling how intellectually dishonest the Court is (cross-time, cross-ideology)
- absolutely ethered in one sentence by the top comment
- Deleted a post about this—someone suggested that the right way to read this language is that she's supervising Civil/Appellate in DNJ, not main DOJ. Which is still absurd but significantly less so.
- unclear what, if any, reporting requirements under the law writ large (and there are a gazillion of them) would survive a "securities disclosures are compelled speech" holding
- Reposted by Luke Smith Morganwhen i say bring that baby home i mean EVERY BABY
- Elizabeth is a Columbia Heights fourth-grader who loves volleyball, learning English and giggling in the halls with her friends. She's been held in the Dilley Immigration Processing Center for nearly a month, and she and her mom have both fallen ill. sahanjournal.com/education/co...
- Reposted by Luke Smith Morgan1/x @jedshug.bsky.social and I have put up an updated version of our paper, "Quasi-Judicial: A History and Tradition," up on SSRN. This paper shows that the quasi-judicial function from Humphrey's Executor is simpatico w/ both originalism and a history-and-tradition approach.
- Reposted by Luke Smith MorganSome people have questioned whether this is real. First, Blume is a legit reporter who's covering the courts in earnest. Second, there's a MN-barred attorney named Julie Le whose address is literally the Whipple Building. Another attorney confirmed to me she's a private attorney contracting with DOJ
- Reposted by Luke Smith Morgan3d Cir. holds that habeas corpus petitions challenging immigration detention are "civil actions," so prevailing noncitizens may be entitled to attorneys' fees and costs under the Equal Access to Justice Act. Gonna be a loooooooooot of these. www2.ca3.uscourts.gov/opinarch/242...
- on the other hand, the implication here that Tom Holland and Matt Damon are accurate depictions of ancient Greek men is pretty funny
- when the two most annoying people to play crossplay against play each other @hankyjg.bsky.social
- I'm not that much older than my students (and am younger than some of them) but it's fascinating how many of them subconsciously(?) change the facts in assessments from, e.g., "comments made on a radio show" to "comments made on a podcast" and/or assume the show was online.
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- brb, attempting to draft the "Give Liam one billion dollars and a Gundam Act of 2026" through teary eyes
- ☠️
- Reposted by Luke Smith Morganso we beat on, boats against the current, borne back ceaselessly into Blexas
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- Look. Removing the displays was bad for all the obvious reasons. And maybe illegal(?) but genuinely what is this judge talking about
- Reposted by Luke Smith MorganYou can test new tech ideas using the Seinfeld Test Would the product eliminate the plot of an episode? (Google maps, cell phones, paypal, battery packs) Good tech. Would the product inspire new Seinfeld plots? (NFTs, AI chatbots, crypto currency, blindboxes, metaverse land sales) Bad tech.
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- Epstein being banned from Xbox Live is funny but also a blatant first amendment violation. but y'all aren't ready for that conversation.
- I don't think the President has the authority to override the 14th Amendment based on a policy disagreement, but if the "best" policy argument and the "best" originalist arguments are all about birth tourism, it bears repeating: that's a small percent of who the EO seeks to strip of citizenship.