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Connect, share, collaborate, and Bluebook—CiteLaw Trails, the world's first legal social network https://citelaw.org

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CiteLaw.org@citelaw.bsky.social · last yr.

It takes incredible effort and dedication to care. In your opinion, who are some of the most impactful thinkers making it easier for the rest of us?

Ben Collins@bencollins.bsky.social · last yr.

It's become clear that this administration is just a protracted war on anybody who's read a book without pictures in it. It's a miracle we're all still getting up and going to work every morning. The psychological drain is the point, and I'm increasingly grateful to the people who are still decent.

CiteLaw.org@citelaw.bsky.social · last yr.

Introducing CiteLaw Navigator, the most reliable legal Q&A service. No phantom cases—just verified answers backed by our proprietary database of real U.S. case law from all 50 states and federal circuits. Try it for free today and get answers you can actually use.

CiteLaw.org@citelaw.bsky.social · last yr.

Major developments in the #Khalil case. For all your legal research needs, and for even more in-depth discussion, visit CiteLaw.org/Trails

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Joshua J. Friedman@joshuajfriedman.com · last yr.

NEW: In the Mahmoud Khalil case, Judge Farbiarz orders the government to give him a COMPLETE LIST of every time since 1975 it has invoked the secretary of state's power to deport someone for foreign-policy reasons—including a description of each case's facts and a copy of the official determination.

TEXT ORDER: The Respondents shall file a letter on or before 9:30am on May 8. It shall list each instance, other than this one, in which federal officials have invoked 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. In addition, the Respondents shall file a letter on or before noon on May 8. It shall list each instance, other than this one, in which federal officials have invoked a predecessor statute to 8 U.S.C. § 1227(a)(4)(C) to seek the removal or deportation of a person from the United States. As to each case, the United States shall include (a) a description of the underlying facts of the case, and (b) a copy of the Secretary of State's determination as to the case, whether reflected in a memorandum, in a letter to the Attorney General or the Secretary of Homeland Security, or in some other form. For the purposes of the second May & letter, the Respondents shall focus only on the period from 1975 to the present. The text of all asserted predecessor statutes shall be included in the letter. The relevant predecessor statutes shall include the statute invoked by the United States in the Massieu case; that statute was then at 8 U.S.C. 1251(a)(4)(C)(). So Ordered by Judge Michael E. Farbiarz on 5/7/2025. (ro, ) (Entered: 05/07/2025)
CiteLaw.org@citelaw.bsky.social · last yr.

This idea is powerful. Discuss legalistic noncompliance and other pressing topics at CiteLaw.org — the only collaboration platform designed specifically for legal scholarship. Now more than ever it is essential that our legal scholars speak with one clear voice!

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Leah Litman@leahlitman.bsky.social · last yr.

I wrote something w/@dtdeacon.bsky.social on the Trump administration's approach to court orders. We call it "legalistic noncompliance"-they use the language of the law as cover to claim that they're complying w/court orders when in fact they are not. Check it out! papers.ssrn.com/sol3/papers....

Abstract. Will the executive branch comply with court orders? That question has garnered a considerable amount of attention over the first few months of the second Trump administration. But what does it mean to comply? And what if a form of noncompliance is already occuring? In this Article, we document an emerging practice that has dominated the second Trump administration’s approach to unfavorable court rulings, a practice we call legalistic noncompliance. Legalistic noncompliance occurs when the administration uses the language of the law as cover to claim that it is complying with court orders when in fact it is not. Drawing strength from a kind of casuistry, practitioners of legalistic noncompliance deploy an array of specious legal arguments and legalisms in an attempt to conceal what is actually widespread resistance to judicial oversight. In addition to identifying legalistic noncompliance as an emerging phenomenon, we explore its logic and analyze some of its dangers. We suggest that legalistic noncompliance lowers the public salience of noncompliance while, at the same time, signaling to both judges and officials in the executive branch that the administration is not complying with court orders. That dynamic, in turn, could lay the groundwork for outright noncompliance or something we call legalized noncompliance—where courts craft rules that allow judges themselves to say the administration is complying with court orders when, in reality, the administration is doing little to nothing in carrying out a court’s ruling. We do not purport to establish when courts should reject legalistic noncompliance by calling it out as a form of noncompliance. The politics of the moment, more than anything else, may determine if they do. We write instead to surface the developing practice and explore its costs, which have thus far escaped full consideration.
CiteLaw.org@citelaw.bsky.social · last yr.

Citelaw.org brings legal research and collaboration together in one place. Not sure what to cite? 🔍 Use CaseLaw AI to search by concept. (1) Already have something in mind? 📇 Search by docket, citation, court, or year. (2) Found it? 📖 Read, download, or react — Affirm, Concur, or Dissent. (3)

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CiteLaw.org@citelaw.bsky.social · last yr.

CiteLaw.org just launched the first free, AI-powered legal journal search — letting anyone search articles by content, not just title. Legal scholars: upload or claim your work to boost visibility, discoverability, and impact.

Revamped CiteLaw search page. Now including AI Journal Search!
CiteLaw.org@citelaw.bsky.social · last yr.

Very important article below. What do you make of the recent debate over birthright citizenship, something (until recently) that seemed settled under the Constitution?

Evan Bernick, a finite mode with a smol hooman and a lorg floof@evanbernick.bsky.social · last yr.

Professor Mike Ramsey, a conservative originalist who has forgotten more about birthright citizenship than maybe a handful of people will ever know, absolutely devastates Wurman and Barnett’s misreading of primary sources. originalismblog.typepad.com/the-original...

The Barnett/Wurman view misreads Bates. The English law, on which Bates relied, did rest on the idea of protection in return for allegiance. But this relationship did not arise from a compact made by the parents, and Bates nowhere says or implies that it did. Rather, the jus soli principle he was describing arose from a natural law relationship between the sovereign and the child. The sovereign owed protection and the child owed allegiance as a result of birth in sovereign territory, entirely apart from consent on either side. There may well have been people in nineteenth-century America who tried to restate the English natural law rule as one derived from social compact, but that isn't what Bates was doing.
CiteLaw.org@citelaw.bsky.social · last yr.

Corey, feel free to share these on CiteLaw.org , where other legal scholars can read, comment, and endorse your drafts!

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Corey Rayburn Yung@coreyryung.bsky.social · last yr.

My writing folder became so cluttered with half-baked ideas that I had to create a separate folder called "inactive" filled with article ideas and fragments that I likely had abandoned (but didn't want to delete yet).

CiteLaw.org@citelaw.bsky.social · last yr.

Congratulations, Danielle! We hope you and all of your colleagues will one day call CiteLaw.org home.

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Danielle Citron@daniellecitron.bsky.social · last yr.

The top 100 legal scholars of 2024 is in and a woman made number 1–so happy to appear alongside @ariezra.bsky.social @klonick.bsky.social @hartzog.bsky.social @lsolum.bsky.social @micahschwartzman.bsky.social @richschragger.bsky.social @meganstevenson.bsky.social @uvalaw.bsky.social Whoos!

CiteLaw.org@citelaw.bsky.social · last yr.

What is your take on the Times’ birthright citizenship article? Important questions below for a subject making its way through the courts as we speak.

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