New - post-Chatrie - shouldn't empirics inform Fourth Amendment reasonableness for Geofence warrant review? With Judge Abe Meltzer and Cynthia Rudin: papers.ssrn.com/sol3/papers....

And new from Joseph Blocher and I: Applying History as Law: on the increasingly high-profile and contested role of historical facts in constitutional law: texaslawreview.org/applying-his...

New Duke Law Journal symposium on history & constitutional law co-edited with Joseph Blocher & Tim Lovelace, hosted with @bolchjudicial.bsky.social: dlj.law.duke.edu/current-issue/, pieces by Karen Tani, Christine Hammock Jones & Darrell Miller, Jake McAullife, Daniel Rice, Saul Cornell

New from the Duke Law Journal: a symposium on "Historical Facts and Constitutional Law: New Challenges for Lawyers, Judges, and Scholars" - spearheaded by @brandonlgarrett.bsky.social Joseph Blocher & Tim Lovelace: dlj.law.duke.edu/current-issue/ (1/4)

Call for Papers for the annual Duke/Wyoming Firearms Law Works-in-Progress Conference! This fun conference has grown mightily over the years. If your work intersects with guns (or nongun weapons!) at all, you should submit! firearmslaw.duke.edu/2026/01/of-i...

As the Supreme Court considers cert. regarding the 4th Amendment and geofence searches - a new paper, forthcoming in Jurimetrics, on cost-benefit analysis and Geofence searches, with my wonderful co-authors Judge Abraham Meltzer and Cynthia Rudin: papers.ssrn.com/sol3/papers....

Warrantless tracking of anyone with a phone. Now happening.

404 Media@404media.co · 9mo ago

SCOOP: 404 Media has obtained material that explains how Tangles and Webloc, two surveillance systems ICE recently purchased, work. One can track phones without a warrant and follow their owners home or to their employer.

Announcing our latest resource: Our Life Sentences Dashboard, a comprehensive, interactive platform bringing together decades of national data on life imprisonment in the U.S. This data collection was led by Ashley Nellis, PhD, @au-spa.bsky.social. Learn more: wcsj.law.duke.edu/news/new-res....

Joseph Blocher and I write about the Justices and rulings in the face of factual findings on adjudicative facts below (and no finding they were clearly erroneous). This isn't, title Slate chose aside, a problem in just one case or one Justice's opinion, unfortunately. slate.com/news-and-pol...

Brett Kavanaugh Is Leading the Supreme Court’s Embrace of Alternative Facts

It is striking that many early-stage SCOTUS orders have either reversed or supplanted factual findings of lower courts.

slate.com

Reviewing Joseph Blocher & Brandon L. Garrett, Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine, 104 Tex. L. Rev. __ (forthcoming 2026), available at SSRN (Jan. 16, 2025).

PolitiFact - Trump seeks to end cashless bail. What is it and which states might be affected? www.politifact.com/article/2025...

Trump is seeking to end cashless bail. What is it?

President Donald Trump signed an executive order seeking to end cashless bail. What is it, and how have policies around it affected crime?

politifact.com

Sorry to hear of Mr. House's passing. His case was an inspiration to me when I worked on Barry's case. Take a few to read about how frustrating it all is in this piece by @radleybalko.bsky.social radleybalko.substack.com/p/paul-house...

Paul House has died -- a wrongly convicted man whom John Roberts gave the okay to execute

House was finally freed in 2008. But under today's court, he'd likely still be on death row -- or worse.

radleybalko.substack.com

Live facial recognition technology should be very concerning to people. This is just the beginning. boltsmag.org/new-orleans-...

New Orleans May Hand Its Police Live Facial Recognition Tech. Critics Warn It'll Help ICE. - Bolts

The cameras are mounted across downtown New Orleans: hanging from balconies on Bourbon Street, bolted to the exterior walls of bars and four-star hotels throughout the French Quarter. For two... Read ...

boltsmag.org

"What we found is providing those due process protections actually help them and reduce crime. Fewer people in jail and less crime -- both good things happened. It was not zero sum at all." Check out @brandonlgarrett.bsky.social chatting with @profmmurray.bsky.social on @strictscrutiny.bsky.social!

Strict Scrutiny Podcast@strictscrutiny.bsky.social · last yr.

NEW: Imani Gandy @angryblacklady.bsky.social joins Melissa to talk legal news. Then Brandon Garrett @brandonlgarrett.bsky.social on his book DEFENDING DUE PROCESS And Richard Primus @richardprimus.bsky.social joins Leah to talk his book OLDEST CONSTITUTIONAL QUESTION crooked.com/podcast/how-...

Loved being a listener for Imani & Melissa’s break down of legal news, and for Melissa’s discussion w/Brandon Garrett on Due Process. I got to speak w/my colleague Richard Primus about his new book THE OLDEST CONSTITUTIONAL QUESTION, which you can check out here: www.hup.harvard.edu/books/978067...

The Oldest Constitutional Question — Harvard University Press

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch’s textually enumerated powers.Every law student learns ...

hup.harvard.edu

Strict Scrutiny Podcast@strictscrutiny.bsky.social · last yr.

NEW: Imani Gandy @angryblacklady.bsky.social joins Melissa to talk legal news. Then Brandon Garrett @brandonlgarrett.bsky.social on his book DEFENDING DUE PROCESS And Richard Primus @richardprimus.bsky.social joins Leah to talk his book OLDEST CONSTITUTIONAL QUESTION crooked.com/podcast/how-...

NEW: Imani Gandy @angryblacklady.bsky.social joins Melissa to talk legal news. Then Brandon Garrett @brandonlgarrett.bsky.social on his book DEFENDING DUE PROCESS And Richard Primus @richardprimus.bsky.social joins Leah to talk his book OLDEST CONSTITUTIONAL QUESTION crooked.com/podcast/how-...

a woman in a striped shirt is talking into a microphone with the name sam on her neck

Alt: a woman in a striped shirt is talking into a microphone with the name sam on her neck

media.tenor.com

Check out "Defending Due Process," with questions for reading groups, and many other wonderful books, in our Duke summer faculty reads: alumni.duke.edu/summer-readi...

It is going to be connected to a real-time crime center giving police a huge network of linked surveillance cams (CCTV, body cams, stores, apartments, and Ring). Your Data Will Be Used Against You.

Jenn@jennburrill.bsky.social · last yr.

Ring doorbell introducing feature to allow "police to request live-stream access to people’s home security devices" A grave threat to civil liberties in the U.S. After all, police have used Ring footage to spy on protestors & obtained footage without a warrant Reporting by @mguariglia.bsky.social

From our faculty director @brandonlgarrett.bsky.social!

Polity@politybooks.bsky.social · last yr.

A discussion of @brandonlgarrett.bsky.social's "Defending Due Process" was held @pjudicialchile.bsky.social on Tuesday, May 14th. If you missed out on it, you can take a look at how it went and browse some fantastic photos here: www.pjud.cl/prensa-y-com...

Habeas corpus 101 www.npr.org/2025/05/20/n...

DHS secretary misstates meaning of habeas corpus under Senate scrutiny

Facing sharp questioning from Democratic lawmakers, the director of Homeland Security incorrectly described the constitutional right as a presidential authority to deport individuals.

npr.org

A discussion of @brandonlgarrett.bsky.social's "Defending Due Process" was held @pjudicialchile.bsky.social on Tuesday, May 14th. If you missed out on it, you can take a look at how it went and browse some fantastic photos here: www.pjud.cl/prensa-y-com...

Exitoso Conversatorio “Valor del Debido Proceso” reunió a destacados expertos nacionales e internacionales

Con gran convocatoria se desarrolló el conversatorio “Valor del Debido Proceso”. La actividad tuvo lugar el martes 14 de mayo y reunió a autoridades judiciales, académicos y profesionales del derecho,...

pjud.cl

www.nytimes.com/2025/05/17/u...

Federal Courts’ Emerging Bottom Line: Due Process Rights for Immigrants

nytimes.com

When Gary Hudson's car got towed, he couldn’t afford to pay the >$300 in fees. He asked if he could at least get into the car to collect his things. But the company "would not budge, period," he said. "So I can’t get my work equipment, and you expect me to make money to pay you?” W/ @ctmirror.org

Connecticut Towing Companies Use Belongings Left in Cars as Leverage to Collect Fees, Drivers Say

The Connecticut DMV allows owners to get back into towed cars to retrieve items that are essential to their health and welfare. But people have lost work equipment, car seats, important documents and…

propublica.org

"[Habeas corpus] has played a crucial role in many emergencies and wars during our history. And courts have consistently emphasized that habeas provides its strongest protections when the executive seeks to detain people without a trial." - @brandonlgarrett.bsky.social. time.com/7284743/what...

What Is Habeas Corpus and How Is It Under Threat?

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

time.com

time.com/7284743/what...

What Is Habeas Corpus and How Is It Under Threat?

Stephen Miller said the Trump Administration is “actively looking at” the option of suspending habeas corpus.

time.com

NEW: The 8th Cir concludes that the federal law barring those convicted of misdemeanor crimes of domestic violence does not facially violate the Second Amendment, declining to foreclose the possibility of future as-applied challenges. cases.justia.com/federal/appe...

Thanks to the always interesting Bookworm for featuring Defending Due Process: lsolum.typepad.com/legaltheory/...

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

A firing squad tried to shoot a prisoner in the heart. They missed, autopsy indicates

The autopsy notes two bullet wounds even though there were three shooters, and a forensic expert says the misfires likely caused "excruciating conscious pain and suffering."

npr.org

How many 100,000s of cases are affected nationally? And why isn’t the manufacturer obligated to audit the dna kits affected? www.npr.org/2025/05/07/n...

Faulty DNA tests lead to more than 1, 000 criminal cases across Texas being reviewed

Faulty DNA tests being used in criminal cases in Texas could impact more than 1,000 cases. Under some circumstances, these tests were incorrectly coming back as insufficient DNA to test.

npr.org

My video VIPER mugshot being taken at the dept of psychology, U Birmingham - thanks to Heather Flowe and colleagues for having me talk about Defending Due Process