Excited that my latest article Remedial Essentialism is going to appear in the University of Chicago Law Review at the end of 2026 (I think - or maybe it's 2027....)! @uchilrev.bsky.social papers.ssrn.com/sol3/papers....
Joanna Schwartz
@jcschwartzprof.bsky.social
Honorable Harry Pregerson Professor of Law, UCLA. Civil rights, police accountability, civil procedure. Author of Shielded: How the Police Became Untouchable (2023). Learn more at: joannaschwartz.net
Super normal stuff: Citing "extraordinary" misconduct, the other six members of the Louisiana Supreme Court have forced the Chief Justice to recuse himself from a case (after he refused to do so on his own).
If you have type-O positive blood and you can manage it, please consider donating blood *as soon as possible* - this is a very bad situation.
yikes
Murray & Shaw on Direct Democracy After Dobbs Melissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted…...
Murray & Shaw on Direct Democracy After Dobbs
Melissa Murray (New York University School of Law) and Katherine Shaw (University of Pennsylvania Carey Law School) have posted The Promise and Peril of Direct Democracy After Dobbs (Virginia Law Review, Vol. 112, p. 1, 2026) on SSRN. Here is the abstract: In Dobbs v. Jackson Women’s Health Organization, the Supreme Court announced that it was leaving the power to regulate abortion “to the people and their elected representatives.” In the wake of Dobbs, state-level “elected representatives” quickly got to work, resulting in dramatic changes to the abortion access landscape.
legaltheoryblog.com
Over at his personal blog, Emory Law Professor @matthewsag.bsky.social offers some very interesting thoughts on structuring law school exams in an era of AI and common extra-time accommodations. matthewsag.com/ai-accommoda...
AI, Accommodations, and Assessment Integrity – Matthew Sag
matthewsag.com
Bagenstos on Reconstructing the Public Health State Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William & Mary L....
Bagenstos on Reconstructing the Public Health State
Samuel R. Bagenstos (University of Michigan Law School) has posted Reconstructing the Public Health State (68 William & Mary L. Rev. ___ (forthcoming 2027)) on SSRN. Here is the abstract: The American public health system is in crisis. This Essay, presented as the 2026 Wythe Lecture at the William & Mary Law School, argues that the crisis is not merely a story about Robert F.
legaltheoryblog.com
FINALLY up on SSRN - Melissa, Kate, & my paper - UNSETTLING THE PRESIDENCY! @profmmurray.bsky.social @kateshaw.bsky.social Brief excerpt from the abstract: papers.ssrn.com/sol3/papers....
Yet another judge finds a pattern of fourth amendment violations at the hands of ICE/CBP, but denies injunction because plaintiffs can’t show “with near certainty” that they will be arrested again. We have to drastically rethink standing doctrine. storage.courtlistener.com/recap/gov.us...
Order on Motion for Preliminary Injunction AND Order on Motion in Limine AND Order on Motion to Certify Class AND Order on Motion to Dismiss/Lack of Jurisdiction – #81 in Peralta v. Department of Home...
Order on Motion for Preliminary Injunction AND Order on Motion in Limine AND Order on Motion to Certify Class AND Order on Motion to Dismiss/Lack of Jurisdiction
storage.courtlistener.com
Illinois law requires that the police report traffic stops to state authorities for oversight into what’s going on. Our new investigation has found that the Chicago police has been violating this requirement — keeping ***hundreds of thousands** of stops secret. boltsmag.org/chicago-poli...
Chicago Police Promised to 'Fix' Secret Traffic Stops. A Year Later, the Problem Has Only Gotten Worse. - Bolts
As Chicago’s top cop steps down, police are making fewer traffic stops. But our new investigation finds half of stops are still not being reported to oversight agencies, despite a state law mandating ...
boltsmag.org
So proud of this piece!
In his new article published in The Georgetown Law Journal (@georgetownlj.bsky.social), Fordham Law Prof. Bennett Capers (@bennettcapers.bsky.social) argues we've created rules to encourage criminal defendants to remain silent at trial. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=6958707
Full text of the Forward:
Elmo Surrounded by Intense Fire
ALT: Elmo Surrounded by Intense Fire
static.klipy.com
I just posted my draft of this year’s Harvard Law Review #SCOTUS Foreword—“The Court Against the Courts.” It analyzes the challenges, obstacles, and threats district courts have faced in cases involving the Trump administration—and documents how & why the Court bears responsibility for much of it:
Civil rights ecosystems 👇🏻
In Minneapolis in the dead of winter, I couldn't shake the shrill of whistles. In Houston this week, in the thick of summer heat, I was struck by the silence. It’s another form of public grief — a muted one fewer Americans recognize or understand. My latest: www.nytimes.com/2026/07/17/u...
The last 10 years have been exhausting From 2016 www.law.com/article/almI...
'I'm Not Getting a Lot of Sleep,' Says Election Law Prof Rick Hasen | Law.com
Rick Hasen's Election Law Blog typically draws about 3,000 visitors a day, but traffic has tripled and even quadrupled in the final two weeks of the 2016 presidential election.
law.com
Yes, please. In 2029, a Democratic Congress and President should take these basic but important steps to allow people to sue federal officers and supervisors for constitutional violations. In the meantime, states can take - and are taking - these steps today.
I have a piece in the NYT today arguing that the law should permit victims of ICE abuse to sue not just individual officers, but supervisors and policymakers like Stephen Miller and Gregory Bovino. A Democratic president and Congress could do this in 2029. And they could make it retroactive.
ICE agent involved in deadly Maine shooting was a new recruit, report says
ICE agent involved in deadly Maine shooting was a new recruit, report says
Protesters in Maine gathered outside Senator Susan Collins’ office to demand justice for the 26-year-old Colombian man who was fatally shot by federal agents
trib.al
New York and Illinois have recently passed laws allowing people to file civil lawsuits against federal agents. These statutes are meant to fill a gap caused by Supreme Court rulings that have restricted the criteria for these lawsuits based on federal law.
This Maine Lawsuit is Testing the Boundaries of Suing Federal Immigration Agents - Bolts
Federal law makes it very difficult to file lawsuits against federal officers, but some states have adopted their own laws to give people a so-called cause of action to sue.
boltsmag.org
My new @washulawreview.bsky.social article Ex Parte Young Redux argues that sovereign immunity shouldn't preclude injunctions against states themselves when states themselves block other paths to judicial relief for unconstitutional actions. Final @ssrn.bsky.social 🔗⬇️ papers.ssrn.com/sol3/papers....
The Marshall Project surveyed people in federal facilities for advice about the complaint process — and how to fix it.
How to Fix Grievances in Federal Prison, According to the Prisoners
The Marshall Project surveyed people in federal facilities for advice about the complaint process — and how to fix it.
themarshallproject.org
They were trained to behave the way they’re behaving.
I can pretty much post this every week after each new death where there remains zero accountability for any of the agents or their supervisors. Lowered standards, unqualified people, rushed through shortened training, toxic culture & leadership, lots of weapons. A perfect storm.
Reminder: Memphis is still “under full-blown occupation” by ICE. Task force members have reportedly killed at least two people in four days.
Memphis is “under full-blown occupation” by ICE. Here’s why you may not know that.
Community members face retaliation for trying to spread the word out, a lawsuit alleges.
motherjones.com
Three men in Lorenzo Salgado Araujo’s van say no ICE officer was in its path and agents fired from the side during the fatal East End shooting. bit.ly/4yakkDj
My latest @slate.com on the Roberts' Court's war on the Second Founding. As we learned in case after case this term, in the Roberts Court, even the most foundational guarantees inscribed in the Reconstruction Amendments remain insecure: slate.com/news-and-pol...
John Roberts’ Court Will Be Known for Leading America Backward
There is one loud lesson to be found in this term’s rulings.
slate.com
In Maine’s Civil Rights Act, advocates hope to find a legal grounding that can withstand federal courts’ disregard for most civil lawsuits against federal agents.
This Maine Lawsuit is Testing the Boundaries of Suing Federal Immigration Agents - Bolts
Federal law makes it very difficult to file lawsuits against federal officers, but some states have adopted their own laws to give people a so-called cause of action to sue.
boltsmag.org
The @texastribune.org is investigating this ICE shooting, along with that of Ruben Martinez last year in South Padre Island. We are seeking any cell phone footage of either events and you can share anonymously to me at 832-729-3421 or on Signal or WhatsApp.
Sons of man killed by ICE in Houston demand investigation: “My father would have complied." “To have been killed by our own federal government, aided by federal policies that are deliberate choices, just makes me so angry,” another said. www.texastribune.org/2026/07/08/t...
I am very proud of this piece, mostly because of the number of SA survivors who have reached out about it. started it eight months ago and finished it in a 12-hr all nighter last night fueled by rage at comment sections 🫠 open.substack.com/pub/cohen489...
The Banality of Misogyny
Graham Platner, Jeffrey Epstein, and the complex, straightforward nature of violence.
open.substack.com
It’s been six months since the killings of Renee Good and Alex Pretti. Here is how the federal government has stonewalled investigations, and how Minnesota law enforcement is attempting to push for accountability anyway
The Death of Renee Good Has Yet to Be Properly Investigated
Six months after she and Alex Pretti were shot on the streets of Minneapolis, little has come of the probes into their killings.
theatlantic.com
New paper from me: Reconstructing the Civil Rights State After Democratic Backsliding. papers.ssrn.com/sol3/papers....
<p><b><span>Reconstructing the Civil Rights State After Democratic Backsliding</span></b></p>
<p>American civil rights law has always been tied to the project of building a multiracial democracy that guarantees full and equal membership in the community
papers.ssrn.com
16-count indictment, $400,000 bond. Sheriff’s deputies arrested several reporters at the courthouse (now released) for refusing to leave the courtroom. Responding to media questions about the pardon promise, special prosecutor just said: “good, let’s get her convicted and then he can pardon her.”
I realize some important things are happening in DC, but this insanity in Louisiana should be added to the “undoing Reconstruction” file…
The Supreme Court will NOT reconsider a grant of qualified immunity to prison guards who pepper sprayed an inmate on a hunger strike then stripped him naked and locked him in a freezing cold cell for 23 hours. The three liberals dissent. www.supremecourt.gov/orders/court...