Here's my conversation with @pdefenselesspod.bsky.social about criminal discovery and the "shadow" (👻👻!) cast by the moribund constitutional Brady doctrine. podcasts.apple.com/us/podcast/4...

421 | How the Law Makes it So Easy for Prosecutors to Withhold Evidence w/Justin Murray

Podcast Episode · Public Defenseless · November 25, 2025 · 1h 10m

podcasts.apple.com

Justin Murray@justinnyls.bsky.social · last yr.

New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.... Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

Now forthcoming in the Virginia Law Review, my latest work rethinks how information should get shared in criminal cases, and why we need to look beyond the celebrated Brady doctrine if we are serious about improving the fairness of criminal discovery. 🧵🔽

Justin Murray@justinnyls.bsky.social · last yr.

New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.... Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

Fiscally Restraining Criminal Lawmaking is under submission to law journals now. Please send it to your favorite journal editors. Or your least favorite😁. We examine how legislative process could make costs more salient in criminal law, hopefully prompting greater deliberation about benefits too.

I just posted the current version of my most recent Article, "Conceptual Gerrymandering and the Weaponization of SFFA" to @ssrn.bsky.social. Abstract and TOC are attached below. Comments and (good faith) critiques very much welcome and appreciated. 🧵 1/ papers.ssrn.com/sol3/papers....

They could have done something like this in the Trump immunity case and given a chance for the special counsel to take Trump's federal election subversion charges to trial. Expediting cases is a choice

Steven Mazie@stevenmazie.bsky.social · last yr.

NEW: the Supreme Court agrees to hear Trump‘s appeal in the tariffs cases on a highly expedited basis. Oral argument will be during the first week of November.

Hey #Teachers, what are some good tools for providing real-time feedback, during class, on students' writing? As in, apps that efficiently compile students' written work in one place & enable me to display it, mark it up, highlight parts we're discussing, etc? Thanks!

Thanks, Larry, for recommending "Brady's Shadow" -- a work-in-progress now up on ssrn in which I argue that Brady v. Maryland occupies far too much space in the legal consciousness and needs to be knocked down a few pegs to make room for other ideas on criminal discovery...

Lawrence Solum@lsolum.bsky.social · last yr.

Murray on Brady's Shadow, buff.ly/I2Vv7TF - Justin Murray (New York Law School) has posted Brady's Shadow on SSRN.

Take a look at Maybell's latest!

Maybell Romero@maybell.bsky.social · last yr.

Excited to see that the final version of Shamed is now out in Virginia Law Review! I'm so pleased that the finalized PDF version retained the images in full color. Check it out! virginialawreview.org/articles/sha...

It’s sooooooo good, y’all! If I were a law review editor I’d really want to snap this up for publication.

Justin Murray@justinnyls.bsky.social · last yr.

New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.... Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

New paper alert! My latest - "Brady's Shadow" - is now on SSRN: papers.ssrn.com/sol3/papers.... Still a work in progress—would love your thoughts. It's about how one spectacularly failed doctrine somehow cannibalized other, more promising avenues for criminal discovery.🧵

My latest, "Prosecutorial Reform and the Myth of Individualized Enforcement," is out in the Wash. U. Law Review. 🧵🧵 1/10 wustllawreview.org/2025/06/20/p...

#NoKings

Morris County NJ showed up today. #NoKings

Law faculty who teach criminal law & related stuff (esp newbies): check out our new online database of teaching materials so you can access practice problems, lecture notes, syllabi and more, to get some fresh ideas for your courses. And share your own materials to help others...

Not bad, ChatGPT:

Our voices matter. Let’s make some noise! #HandsOff2025

The White South African exception is “being called racist,” but others say something else. And who can truly know what’s in someone’s heart of hearts?? 🧐🤔

The government can't retaliate against someone for political protest. Tell the Trump administration to release Mahmoud Khalil immediately.

Free Mahmoud Khalil

The Trump administration has illegally arrested and detained Mahmoud Khalil in direct retaliation for his advocacy in support of Palestinian rights. This egregious, unprecedented, and illegal abuse of...

action.aclu.org

I'm very proud of my alma mater @georgetownlaw.bsky.social and its dean for standing up to flagrantly unconstitutional discrimination against Georgetown's students by Trump acolyte Ed Martin at USAO-DC. Would-be autocrats lose if - only if - enough people refuse to bend the knee.

Steve Vladeck@stevevladeck.bsky.social · 2y ago

Pitch-perfect response to Interim U.S. Attorney Ed Martin from @georgetownlaw.bsky.social Dean Bill Treanor. It’s always a privilege and honor to be part of the GULC community (and to be Bill’s colleague), but *especially* today.

Humbled/ecstatic that this piece on the IWW, Angelo Herndon, the ILD, very young Thurgood Marshall, even younger Pauli Murray & the WDL, the March on Washington Mvmt, CPUSA & Red Scare, SNCC, and more Pauli Murray… …is now forthcoming Yale Law Journal! (Not on SSRN, but happy to share a draft.)

The NY bar authorities won’t do anything about Emil Bove since they’re next to useless re holding prosecutors accountable when they abuse their power. But it’s still encouraging to see dems helping to keep this threat to the rule of law in the spotlight. Credit where due.

Laffy@gottalaff.mstdn.social.ap.brid.gy · 2y ago

Keep 'em coming Via Anna Bower: Senate Judiciary Committee Democrats request bar disciplinary investigation into the conduct of acting Deputy Attorney General Emil Bove. They cite “reported inappropriate conduct” by Bove involving the dismissal of charges against NYC Mayor Eric Adams […]

Hell yes

Anthony Michael Kreis@anthonymkreis.bsky.social · 2y ago

🚨🚨 @evanbernick.bsky.social, @paulgowder.bsky.social, and I have published a draft of our article, 𝘉𝘪𝘳𝘵𝘩𝘳𝘪𝘨𝘩𝘵 𝘊𝘪𝘵𝘪𝘻𝘦𝘯𝘴𝘩𝘪𝘱 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘋𝘶𝘯𝘯𝘪𝘯𝘨 𝘚𝘤𝘩𝘰𝘰𝘭 𝘰𝘧 𝘜𝘯𝘰𝘳𝘪𝘨𝘪𝘯𝘢𝘭 𝘔𝘦𝘢𝘯𝘪𝘯𝘨𝘴, forthcoming in the online companion of Cᴏʀɴᴇʟʟ Lᴀᴡ Rᴇᴠɪᴇᴡ, on SSRN. Comments welcomed, as always! papers.ssrn.com/sol3/papers....

Good for the ABA for speaking out again: "We will not stay silent in the face of efforts to remake the legal profession into something that rewards those who agree with the government and punishes those who do not."

The ABA rejects efforts to undermine the courts and the legal profession

Three weeks ago, the American Bar Association spoke to you about values that guide us. We called upon every lawyer to insist that the government adhere to four major principles of law that have guided...

americanbar.org

I'm excited to announce Secrets of the Killing State: The Untold Story of Lethal Injection. This is an account of all the ways that the state cannot be trusted with the power to kill and how they have tried to hide that reality. Secrets of the Killing State is the truth every citizen should know.

Oh shit! Something actually good! For background on this case, here's my coverage of the Glossip v. Oklahoma oral arguments in October ballsandstrikes.org/scotus/gloss...

Three Supreme Court Justices Wanted to Talk About Anything But Richard Glossip’s Life

Clarence Thomas has identified the real injustice of executing a potentially innocent man: prosecutors’ feelings might be hurt.

ballsandstrikes.org

Mark Joseph Stern@mjsdc.bsky.social · 2y ago

HUGE: The Supreme Court sides with Richard Glossip, holding that prosecutors violated his constitutional rights by failing to correct false testimony at his trial. It directs the Oklahoma courts to vacate his conviction! www.supremecourt.gov/opinions/24p...

Think I’ll pass on the piece in which a racist creep explains why a major party embracing the Nazi salute really isn’t a big deal.

Today, I spoke w/Professor @justinnyls.bsky.social about his recent law review article about Prosecutorial Discretion. We discussed the myth that progressive prosecutor's decisions not pursue certain types of cases are at odds with how traditional prosecutors operate open.spotify.com/episode/3y2s...

Considering restructuring my Criminal Law course into 3 approaches: traditional common law, the Model Penal Code, and Bondi/Patel.

So when do we get to make a new “department” to root out fraud and inefficiency at DOGE?