1/ Jeremy Rosen, a prominent (conservative) appellate lawyer, has this excellent piece in @TheAtlantic about John Eastman, the closest thing to a "brain trust" for Trump's attempt to overturn the 2020 presidential election.

bit.ly/3pjKq5w
2/ Jeremy Rosen acknowledges—and criticizes—the attempts of some groups to "to silence anyone who thinks differently from them."

As he notes, these threats to free speech come from both the left AND the right—and deserve condemnation in both cases.
3/ Here is Jeremy Rosen's bottom line on John Eastman (with which I agree):
4/ Here is John Eastman's own account of his supposed "cancellation."

Note that @FedSoc didn't revoke his membership or even his leadership role (which many folks called for).

bit.ly/3lXlEpJ
5/ In a nutshell, John Eastman wasn't picked to be a speaker at certain @FedSoc events—which happens all the time, for all sorts of reasons.

And some members spoke critically about him at Society events—as is their right.
6/ If you haven't done so already, read Jeremy Rosen's full piece over at @TheAtlantic, which @ElectionLawBlog accurately describes as a "must-read."

bit.ly/3B3VExk

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More from @DavidLat

19 Oct
1/ THREAD. ICYMI—it came out a while ago, I read it only recently—here's a fun article about "academic feeder judges" by Howard Wasserman for @DukeJudicature.

Which judges have the most former clerks who are now law professors?

bit.ly/3jgxF7U
2/ Howard Wasserman has a few different rankings.

Here are the top 20 academic feeder judges in the first ranking he does (Table 1 in his appendix), the judges who have sent the highest number of clerks into legal academia.
3/ As Howard Wasserman notes, "The political imbalance among feeder judges is striking."

You can see it in the top 20 judges, 15 of whom were appointed by Democratic presidents. And several of them are some of the leading liberals of the federal bench.
Read 4 tweets
19 Oct
1/ THREAD. @AaronSibarium of the @FreeBeacon, who last week broke the story of the Yale Law School email controversy, has this must-read follow-up about how the YLS community is responding.

bit.ly/3C6T5M8
2/ Two Yale Law School professors expressed displeasure with the initial statement released by YLS.

One of them is renowned corporate law scholar Roberta Romano (who Yale Law students and alums know is a badass—and I mean that as high praise):
3/ I tweeted some positive things yesterday about Marina Edwards's message, which seemed to sound some conciliatory notes.

Please see the new additions to the thread below. I've retracted those earlier comments of mine.

Read 16 tweets
18 Oct
1/ THREAD. I just left the Vaccine Center at @nyulangone, where I gave blood for a research study looking at #COVID19 immune responses.
2/ This blood draw is to establish a baseline reading before I get a #covid booster shot on 11/2.
3/ On 11/9, a week after the booster, they’ll take my blood again & see what’s changed.

The research could help figure out whether folks like me, who had #COVID19 and then got fully vaccinated (@pfizer for me), need boosters.
Read 5 tweets
17 Oct
1/ Here’s the statement about the Yale Law School email controversy that Marina Edwards, president of the Yale Black Law Students Association, posted to The Wall (the YLS listserv) earlier today.

I’m posting in two parts. This is Part I (four images).
2/ And here is Part II of the statement of Yale BLSA president Marina Edwards about the Yale Law email controversy (three images).
3/ I don’t agree with everything in Marina Edwards’s message, but I think it is a measured, thoughtful, and generally positive statement about this controversy.
Read 14 tweets
17 Oct
1/ Here's my interview with Trent Colbert, the Yale Law School student who sent the controversial "trap house" email, and a friend of his who's a fellow @YaleLawSch student.

bit.ly/3B1BkNj
2/ Colbert (the "t" at the end is silent):

"I was never aware of the word 'trap house' having any racial connotations. I thought of a 'trap house' as like a frat house, just without the frat. I had been calling our house the 'NALSA trap house' for months."
3/ Trent: "I’ve received many private messages of support. But nobody wants to be the next person targeted on GroupMe."

Trent's Friend: "There’s a very 'emperor’s new clothes' vibe—when someone says something is offensive, everyone else has to play along."
Read 5 tweets
16 Oct
1/ "It is what it is." Do you like this expression?
2/ I like the expression "it is what it is."

But I know that many people do not. And I probably use it too much.

Does anyone have a good alternative to "it is what it is" that truly carries the same meaning?
3/ In Filipino, we have “bahala na”—but that’s really more like “que sera, sera,” or “what will be, will be.”

I want something in the present tense, just like “it is what it is.”
Read 5 tweets

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