Howard and Caroline Cayne Distinguished Professor of Law, @WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤@DividedArgument.
⚜️ St. Louis, MO ⚜️
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NEW ARTICLE on @SSRN: "The Practice of Executive Constitutionalism," by me and @conorjclarke (forthcoming in @VirginiaLawRev). Check it out! (Link in next tweet to avoid being crushed by the @X algorithm).
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Dan Epps retweeted
Honestly, I’d quit lawyering if I got this order
courtwatch.news/p/192-holy-l…
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Once math is solved, I’m looking forward to AI soon solving all the big open questions in law, such as whether the U.S. Constitution protects stuff that conservatives like or stuff that liberals like.
We’re working with an independent advisory group of mathematicians to help OpenAI responsibly share advances in AI and mathematics.
The group will advise on how we assess and communicate new mathematical results, uphold academic and professional standards, and build tools that support mathematical research and learning.
Through this work, we want mathematicians to be at the center of shaping how AI supports mathematical understanding and how its benefits reach the wider community.
openai.com/index/advisory-gr…
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Dan Epps retweeted
Not good. Not good at all. Really bad, actually.
At JFK and LGA, they can search your cellphone for no reason at the border. Pics, banking, health, private info, other people's private info, all available to be searched with no reason needed.
The Second Circuit holds that no warrant and no suspicion is needed to search a citizen's cell phone at the border. According to the court, per Judge Menashi, the border search exception authorizes searches to find criminals crossing the border, and Riley does not apply. #N
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I have never understood why Pacino—who made his career with a calm, understated, and ultimately devastating performance as Michael Corleone—turned into an actor whose move is always "go over the top"
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NEW PAPER: Now up on @SSRN, my and @danielledonfro's "Constitutional Rights and General Private Law," forthcoming in @HarvLRev. Check it out!
papers.ssrn.com/sol3/papers.…
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If true, and especially if this is becoming routine, very troubling. Curious what lawyers/law profs would do in this situation. SCOTUS has never weighed in on this practice.
Thoughts, @OrinKerr, others?
teddit.net/r/GlobalEntry/s/B…
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For those with strong stomachs, one of the most amazing and terrible things in the history of social media is going to start happening on this account (which has been in operation for years) in an hour. @25YearsAgoLive
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Dan Epps retweeted
I convinced the @NotreDameLRev to do their 2025 Federal Courts symposium on the Judiciary Act of 1925, and it was terrific! @TaraLeighGrove1 wrote the Foreword, and Robert Post, Judge Hardiman, Edward Hartnett, Allen Sumrall, @danepps, and @marinklevy contributed.
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As criminal defense attorneys, public defenders have an ethical obligation to make every plausible argument that could help their clients avoid conviction or punishment, not just ones that seem attractive as a policy matter. This criticism makes no sense.
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New fact pattern for a Statutory Interpretation exam just dropped
Have you ever thought that it's really weird you can’t add pictures to laws? I see so many laws that would be clearer and more logical if we could just include a map or a blueprint.
Congress recently passed my initiative to bring legislation into the 21st century and explore including images in the text of bills–this is a long overdue step in the legislative process.
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Similar phenomenon with serial killers in the 70s and DNA.
I don't know if the claim that Pangram detects AI reliably at present is true, but if so it reminds me a little of plagiarism software: There's some number of authors who assumed at the time of publication that no one could detect it, but at some future point, they could.
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Dan Epps retweeted
The Top 5:
Washington University in St. Louis: 175 đź‘€
Harvard: 174
U. Chicago: 174
Yale: 174
Cornell: 173
#LSAT
abovethelaw.com/2026/08/the-…
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NEW: Here, finally, is my new draft article on the Supreme Court's Chatrie decision. I think the ruling is tremendously important to Fourth Amendment law—and here's why.
papers.ssrn.com/sol3/papers.…
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I'm not an AAUP member, and AAUP is a private org that can do what it wants. But as I have written before, my sense is that when established institutions are taken over by those who want to use some of that credibility to achieve some political aims, the main effect tends to be just to lessen the credibility of the institution, not to achieve the political end.
Apparently our first endorsement has upset some people. Good. Higher ed, academic freedom, research, collective bargaining, and the idea of college as a public good are under attack. AAUP isn't going to respond by pretending politics isn't happening. We're going to organize.
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