Daniel Sharfstein

@danielsharfstein.bsky.social

Vanderbilt law prof, American legal history, property, federal Indian law, author of THUNDER IN THE MOUNTAINS and THE INVISIBLE LINE

Definitive profile of Judge Richard Posner, who died today, by Larissa MacFarquhar in 2001. “[Posner] escorts his visitor to the waiting room of his personality, where the visitor will sit, lulled by the bland ambience of the place, until it is time for murder.” www.newyorker.com/magazine/200...

Richard Posner, The Bench Burner

Larissa MacFarquhar’s 2001 Profile of the “flamboyantly candid” judicial activist. How did someone with such subversive ideas become a leading influence on American legal opinion?

newyorker.com

NEW: Over the past year, ProPublica has photographed some of the more than 500 U.S. citizens who have been held against their will by immigration agents and learned of the lingering impact the experience has had on their lives. These are their stories.

We Photographed U.S. Citizens Held Against Their Will by Immigration Agents — ProPublica

Over the past year, ProPublica has photographed some of the more than 500 U.S. citizens who have been held against their will by immigration agents and learned of the lingering impact the experience h...

projects.propublica.org

The rats are fleeing the sinking ship. Here, @gregggonsalves.bsky.social has written a masterful piece on the people who have spent two years destroying science and now will pretend like they were really never on board. “Don’t believe a word of it”.

Never Let Trump’s Elite Enablers Forget What They’ve Done

Universities, scientists, law firms, and many other powerful institutions are about to start pretending they never rolled over for the president. But we know better.

thenation.com

Scott Colom, a 43-year-old Democrat, will be Mississippi’s next U.S. senator and the first Black senator to represent the state in the U.S. Capitol since 1881. His historic feat comes just six years after Mississippi retired its old Confederate-themed state flag. Full story: buff.ly/4RlyTBv

Scott Colom Wins Mississippi US Senate Race, Will Be State's First Black Senator in 146 Years

Scott Colom, a 44-year-old Democrat, will be Mississippi's next U.S. senator and the first Black senator to represent the since 1881.

buff.ly

So important! I’ve examined that passage in Heller (2008) before and thought that it has to mean “dangerous or unusual” weapons because that’s the only way it makes sense. Turns out that’s what Blackstone *said* in 1769. Scalia misquoted Blackstone in Heller, and it’s led to a bizarre test that

How a Misquote by a Supreme Court Justice Imperils Gun Restrictions (Gift Article)

Justice Scalia incorrectly quoted an 18th-century legal scholar in a 2008 opinion — a decision with profound implications today.

nytimes.com

Trying to put some markers down in our university faculty meetings, creating an archival record of opposition as universities willingly hand over the keys of the kingdom to corporations fundamentally hostile to what we do and why we do it.

After the presentation was over, many faculty members expressed concerns about University administrators’ emphasis on AI use.

Seth Rockman, a professor of history, had concerns about administrators’ investment in AI when they have expressed how its impacts are unknown. “You’re selling it really hard,” he said. “You’re selling it so hard that it actually doesn’t seem like something that sells itself.”

He emphasized that he believes that the University’s agenda should not be focused on training workers, but rather on “questions of knowledge and humanity.”

It's been clear for a long time that Obama's election caused a lot of white people to lose their damn minds. But there's another story: we are now seeing what a southern multiracial electoral coalition looks like, how it is organized, and how it wins.

After LBJ signed the Civil Rights Act, he told Bill Moyers, "Well, I think we may have lost the south for your lifetime – and mine." Moyers passed in June 2025. If Scott Colom's lead holds in Mississippi, a majority of the former Confederate states will send a Democrat to the Senate in January.

2026 sets the stage. It puts Democrats within striking distance of a world where, with a Democratic president, they could set to work on the fundamental reconstruction of democracy in the U.S. That's the work of the next two years: building both the vision and the blueprint for that reconstruction.

jamelle@jamellebouie.net · last wk.

if alaska flips and mississippi holds then a 56 seat senate majority opens up the potential for a filibuster proof one after 2028. with that kind of majority, you can do real deal structural change. as well as reinstate the rights and protections stripped by the supreme court