I just posted @ssrn.bsky.social: Is Bivens Dead?, 61 Ga. L. Rev. __ (forthcoming 2027), papers.ssrn.com/sol3/papers..... I look at every decision nationally that cites Bivens between June 2022 and June 2025 (4,808 in total) to see how courts are deciding Bivens actions after Egbert v. Boule. 1/10

New to @ssrn.bsky.social, I just posted the Forgotten Fundamental Right to Free Movement, 119 Nw. U. L. Rev. 811 (2025). In this, I argue that free movement -- intrastate, interstate, and international -- is a fundamental constitutional right. 1/7 papers.ssrn.com/sol3/papers....

I graduated from Allegany, a public HS in rural Appalachia. Discussions of school choice (see Drummond) don't give enough credence to the fact that most parents have little effective choice. The practical result of publicly funding religious schools will be to force that education on many students.

Appalachian Learning Initiative@appli.org · last yr.

#DidYouKnow Allegany County has the lowest rate of #AdultLiteracy among #Maryland's #Appalachian counties. More than 6 out of every 10 adults (62.1%) read at or below an 8th Grade level. www.appli.org/maryland 1/4

Travel rights (which are reasonably robust, if regularly overlooked) can provide a bulwark against these sorts of anti-travel provisions. I wrote about this in Travel Rights in a Culture War, 101 Tex. L. Rev. O. 21 (2022), texaslawreview.org/travel-right.... But litigants need to assert them!

Andrea Grimes@andreagrimes.com · last yr.

To say a little more about this: Texas abortion advocates warned from jump that this bill was awful. It criminalizes private citizens and non-gov't nonprofits who fund abortion care and travel (though of course it'll also be used to go after city-level spending on repro initiatives).

I think this is a (grim) illustration of what Alex Yelderman @alexyelderman.bsky.social writes about in Danger as Deterrent, 65 B.C. L. Rev. 113 (2024). bclawreview.bc.edu/articles/311....

Haiyun Damon-Feng@hdamonfeng.bsky.social · 2y ago

DOJ agreed to drop its prosecution of a federally funded shelter operator alleged to have been sexually abusing immigrant kids in their care. Why? Apparently because protecting kids from abuse would somehow incentivize migration, so we should be ok with sex abuse of children as a deterrent. What?!?

Before now, law students largely struggled to differentiate one big law firm from another. One effect of Trump's individualized targeting of these places, and the various reactions that it's provoked, is to reveal meaningful differences that might not have been obvious to students before.

Marin K. Levy@marinklevy.bsky.social · last yr.

"The Constitution, top to bottom, protects against . . . attempts by the government to target citizens and lawyers based on the options they voice, the people with whom they associate, and the clients they represent." Unbelievably proud of Jenner, the firm for which I had the privilege of working.

Here's a possibly good $$ cut, which could help with police accountability. One effect of external funding for the police is to smooth the local costs of police misconduct liability, diminishing local pressures to reform. I write about this in Funding the Police, 84 Ohio State L. J. 717 (2023).

@j147td.bsky.social · 2y ago

😳So it’s republicans that are defunding the police🫣 New House Republican bill slashes a number of government funding accounts to $0 — including COPS police grants and various programs for the EPA, health care and education🤬

It's not every day that you get to stop an execution. Congratulations to my co-counsel (in a different case) and law school classmate, Amy Knight, on the Glossip decision! nondoc.com/2025/02/25/s...

SCOTUS throws out Glossip conviction, prosecutors to decide on new trial

The U.S. Supreme Court vacated the conviction of Oklahoma death row inmate Richard Glossip on Tuesday, Feb. 25, 2025.

nondoc.com

Fascinating take on Mexico politics/policy and AMLO specifically.

Pedro Gerson@elpgerson.bsky.social · 2y ago

First post on BlueSky and it's a plug. Wrote for @newinquiry.bsky.social about AMLO. I try to explain what Obradorismo actually is while critiquing his programmatic agenda, the opposition, and understanding AMLO's political success. thenewinquiry.com/amlo-all-alo...

Interesting twist on the Kristi Noem nomination: she's been barred from stepping foot on each of the reservations located within South Dakota (all 9). DHS is relatively new, but has there ever been a Secretary of Homeland Security who can't legally visit all of the parts of the 'homeland'?