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Most recents (24)

Ted Lasso is right. "Be curious. Not judgmental."

Curiosity is the foundation of academic endeavor. Judgment cannot come before inquiry--preanalytic vision happens, but shutting down inquiry before even questioning isn't intellectual. (Thread)

#lawtwitter #AcademicChatter
If we're dealing with arguments, why isn't the persuasiveness of the argument (or validation if empirics are the method) the sole determinant? Why would one care who it is?
It's one thing if it is a character reference. A character reference requires knowing the character of the person making the reference. If you don't know me, me saying X is a good person means nothing.

But an academic argument doesn't rely on character.
Read 8 tweets
Our legislators lament that judiciary is interfering in the domain of executive and legislature. Legislature is supposed to make laws, not judiciary. Once Arun Jaitley said this in Parliament, and, in recent times, we were seeing @KirenRijiju talking on this issue repetitively.
But the thing is that judges do not interfere, they are forced to interfere due to many reasons, and as the protector of constitution, it is their duty to uphold the law.
One of the main reasons is poor drafting of statutes by the executive,
Supreme Court also drew attention of executive on this issue.
In one webinar, Indian drafting department’s head also said that they worked day and night to draft GST Act, because gov gave very little time to them.
Important observations have been made on this issue
Read 5 tweets
Hypothetical: It's 1787-1788, but with same tech as now.

The Federalist Papers are published.

Would law profs:
1. read them?
2. reject them because they are anonymous?
3. demand "skin in the game?"
4 engage with Twitter handle "Publius?"

Thinking 2 and 3.

Forgot 5. Subtweet the f*ck out of them.
Hypo #2. Instead, they are published in a 4th tier law review, but fully authored and not anonymous. They are:

1. Ignored.
2. Considered awful because of publication ranking.
3. Taken seriously.
4. Rejected because not written by tenured faculty.
Read 4 tweets
I know the elite media will ignore this #twitterfiles like it's ignored all the rest, but putting the politics aside, IT'S A GREAT STORY.

Nobody ever - EVER - sees a company's internal litigation strategies in high-stakes suits like this. They are locked away forever...
But not only do the files give a unique, never-to-ne-repeated look at how Twitter analyzed and viewed my lawsuit against it, you have me - the guy on the other side, the only person who gets the subtleties here as well as the lawyers on both sides - explaining what they mean...
It really is a shame that the elite media and #lawtwitter (which leans so far left it can't even stand up) is so politically blinkered that it can't just view this as a great legal story, if nothing else.
Read 3 tweets
Got obsessed with this story. It’s a wild one, y’all.

It’s about AI’s favorite child ChatGPT, lawyers, and a very angry judge😅

27 Twitter threads & 5 articles later, I finally have a straightforward picture.

The details, juicy. The implications, huge.

Let’s dig in 🍿

1/n AI generated art (Dall-E) d...
3 characters are important:
- Mata (plaintiff)
- Schwartz (attorney)
- LoDuca (attorney on record).

Mata sues Avianca airlines through Schwartz at NY state court.

Avianca transfers the case to Manhattan’s federal court.

That's when things get interesting🕵️‍♂️

Schwartz can’t practice there, so he gets LoDuca to be the attorney on record.

Remember, LoDuca does zero research. Everything is done by Schwartz.

Mata's lawyers file the brief.

Avianca asks the judge to throw the case out. Why? Because none of the cited cases exist! 🤯

Read 14 tweets
Snow White & the Seven Dwarfs is the Disney movie version of every 1L class combined.

A #lawtwitter 🪡 🧵:
The movie opens with disparagement. But is it defamation?

Queen: Am I the fairest in the land?

Mirror: Nope. Snow White is fairer.
Cut to Snow White, cleaning the castle & singing. “I’m wishing for the one I love to find me today.”

Here she meets the Prince, who sings back to her.

They shared part of one song together. Clearly, this is true love. (Contractual loophole: foreshadowed.)
Read 20 tweets
Application (22A902) granted by the Court. The application for stay presented to Justice Alito and by him referred to the Court is granted. The April 7, 2023 order of the United States District Court for the Northern District of Texas, case No. 2:22-cv-223, is stayed pending 1/x
disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is 2/3
granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas would deny the application for stay. Justice Alito dissents. (Detached Opinion) 3/3
#appellatetwitter #lawtwitter #lawfare
Read 5 tweets
A 🧵:

Representation matters.

Seeing someone who looks like you in a position of authority is empowering.

#RepresentationMatters #appellatetwitter #lawtwitter

Not only can it inspire you to pursue a similar career, but hearing from such speakers can give you valuable insights into how to triumph over challenges & opportunities you may encounter.

This is why we hold so many judicial brown bags every year for our students.

During these sessions, state and federal judges speak to a small group of students and answer their questions.

Over the past few weeks, we've been honored to have been joined by judges from the Seventh and Eleventh Circuits, DC Court of Appeals,

Read 4 tweets
So, if the @StanfordLaw Dean's letter is true to her word, here is what I would do if I were a student at Stanford Law to assure that there is parity.


#Lawtwitter #Hypothetical
I would, along with like-minded students, form a new student organization, Anti-Federalist Society (anti-Fed for short). I would scream very loudly if my student group did not get approved. Free speech and all that.
I would invite speakers hostile to Fed Soc. Not ones who disagree. Ones actively hostile--with extreme views as to whether Fed Soc should exist.

Every speaker FedSoc would be matched. Please invite Justice Kavanaugh.
Read 14 tweets
Okay #lawtwitter, I feel stupid here, but I'm going to ask anyway.

There's a district in Virginia wherein the commonwealth attorney's office is refusing to get involved in any misdemeanor prosecutions, leaving the police to also prosecute.

How is this not UPL???
Without a prosecutor, there's literally no such thing as a "fair and impartial finder of fact," since the JUDGE has to push to prosecute and the POLICE act as the prosecutor.

How the Hell does that work!?
Is Virginia seriously just going "Fuck fair and impartial trials, let's just turn this into a prison mill"???
Read 4 tweets
🎙Are you a junior law firm lawyer? Will you be in the years to come? Do you mentor junior lawyers?

Then listen to Ep. #098 of #HowILawyer featuring:

• Sean Marotta (@smmarotta from @HoganLovells) &
• Michelle Strowhiro (@strowhiro from @McDermottLaw)

Link 👇 Image
These lawyers are so thoughtful about mentorship and building our profession. I learned SO much from this awesome episode.

I am so grateful to Sean and Michelle for their candor and advice. Great chance to hang with #lawtwitter #appellatetwitter #pentwitter all stars.
Read 3 tweets
🧵🏦 The Brunson Case - Supreme Court #law #atty

Rayland J. Brunson
Alma S. Adams


On the question of accountability of elected representatives for failing to uphold Constitutional electoral duty. Image
Summary of the case below. More links at the end.

😀👍 Image
"This action is against 388 federal officers...[including Biden, Harris, Pelosi, Pence] [who] have taken... Oath to support and defend the Constitution...against all enemies, foreign and domestic, and as such they are liable for consequences when they violate the Oath of Office." Image
Read 88 tweets
OK, ready for some FTX tweets?

Here's a 🧵on the Debtors' objection to the JPL Stay Relief motion, and I'll also cover the OCUC objection to the same, for fun.
The bit about "y'all haven't been recognized" feels like a cheap shot? But also, why hasn't recognition been advanced yet? What's going on here?

The part about assertions of ownership is a weird one. It's not uncommon to share services across entities, but typically there'd be an SLA or SSA in place to dictate the terms, reimbursements, etc. Safe bet that that doesn't exist here.

Read 13 tweets
I've been asked to make some predictions for 2023. Fine. Be careful what you wish for.

#2023Predictions #lawtwitter #AcademicChatter
1. @Tesla will not be any closer to a self driving car that doesn't kill pedestrians. It will, however, be closer to a self-driving stock that kills shareholders.

2. Law schools will continue to withdraw from the U.S. News rankings. Law schools will continue to advertise how well they are doing in U.S. News and other rankings. They'll reward faculty based on rankings all the while telling each other rankings don't matter.
Read 11 tweets
As folks are looking for assorted livetweet threads about #MooreVHarper – the current SCOTUS case that will officially usher in the Independent State Legislature theory as settled law – just wanted to remind y'all about our #LawTwitter MegaList here:…
I think it's a "will" with this SCOTUS, and probably 5-4
(With the obligatory disclaimer that ISL is insane as a legal theory, and I hope I'm wrong on SCOTUS buying it. @BlackFish775)
Read 4 tweets
1/ Robin Keller, until recently a retired equity partner at @HoganLovells who was still serving clients, writes for @WSJopinion about how the firm fired her for defending the #SCOTUS decision in Dobbs (which overruled Roe and Casey).
2/ For background, here's a July 2022 story by @Kathryn1 for @ATLblog about the controversial call where Robin Keller shared her views on Dobbs and abortion. Keller was suspended soon after. #SCOTUS #lawtwitter #appellatetwitter
3/ I expect I'll have more to say about Robin Keller and Hogan Lovells later.

For now, see my Notice and Comment post from last month, "Can A Conservative Work In Biglaw," and the almost 100 comments it garnered.
Read 9 tweets
How NOT to oppose a judge up for re-election.

1/ A brief #legalethics ⚖️ tale for #lawtwitter.
2/ Setting up a website seems normal enough...but is maybe a bit over the top.
3/ Then allow other people to post materials that the judge is (falsely) a member of the KKK...not so great.
Read 6 tweets
Gonna do me some #lawtwitter and live-read this. Let’s go.
1/n: Matthew Butterick’s fonts remain excellent, and it’s a pleasure to the eyes to read a brief set in them. This seems trite—but it’s important, because so many lawyers tell you “we pay attention to the details” and “we are master communicators” and then use Arial.
Read 31 tweets
Cinderella is a movie about contract interpretation, negotiation, & breach.

A #lawtwitter 🪡 🧵:
A Royal invite comes to attend a ball. The invite commands “all eligible maidens” to attend. Cinderella asks to go. Stepmother and sisters reject this ask. Cinderella pushes back on this material issue, noting that she fits the defined term & attendance is mandatory.
Stepmother concedes the point, but amends the invite to make Cinderella’s attendance contingent on completing all chores & dress prep. “I said… ‘if.’” (Greatest line ever.)

Sneaky tactic: she & stepsisters then pile on chores, making performance impossible. Or so they think.
Read 9 tweets
A tale of Judicial #legalethics ⚖️ & how differently discipline is applied to those in the robes. #lawtwitter

1/ Judge, drunk driving, crashing into things, dashcam'ed and put on Youtube. (vid: )
2/ Gets out after wreck, lies to bystanders, leaves the scene of the accident.
3/ Comes back to accident scene, lies about the accident to police, claims to have only "had two beers."
Read 5 tweets
A brief tale of #legalethics for #lawtwitter (Spoilers: don't fake having cancer)

1/ When you tell a client to do something, you're kinda supposed to do it. Image
2/ When you take fees, and then don't do anything, you need to refund those fees. (This seems self-explanatory...) Image
3/ Don't fake cancer. 🤦‍♂️ Image
Read 5 tweets

1/ Take note that in terms of our law, you can’t sue another person for compensation for damages for injuries sustained in a road accident. You may however, under certain circumstances, claim compensation from the Road Accident Fund (RAF).
2/ Don't admit liability for the accident, even if you think that you may have caused it. Don’t offer any payment that can be construed as a bribe.

Only provide the essential information when making your statement to the police.
Read 6 tweets

1/ Report the accident to your insurance company:

Inform your car insurance company that you’ve been involved in an accident as soon as possible.

Be honest about what happened, as if the insurance company discovers you misled them concerning something, your claim may be
2/ rejected, at the very least. Lying intentionally to your insurers also constitutes fraud, which as you should know, is a criminal offence.

Should you wish not to submit a claim with your insurers, you should still inform them of the accident within a reasonable time frame.
Read 12 tweets
My mom asked me for a take on the debt relief, which is not my field. However, I'm a millennial, a voter, and a person who works in poverty law, goes. A few thoughts. @jorie_graham here you go.
First of all, I'm a person who had astronomical debt and, through a combination of loan forgiveness/repayment assistance and plain payment, paid it off.

So let's start here: I am really, really happy at the thought that others might not have to do that.
I work in a field where everyone has astronomical debt. #lawtwitter please chime in. A lot of us worked through the "summer of slaughter" 2008 where no one could get job offers, struggled in the difficult job market that followed, and, like me, chose change-making paths w/low pay
Read 17 tweets

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