Author | Lightnews

Luke Smith Morgan @slukemorgan.bsky.social · 1h

Complicated and qualified RT here. As in follow-up post: I understand why advocates have maximized gray area.

The clear best way to minimize legal gray areas and maximize both moral good and economic well-being for all is: there should be essentially no immigration restrictions at all.

William B. Fuckley @opinionhaver.bsky.social · 1h

my genuinely moderate position is that legal grey areas are very bad and we should minimize the number of people in them. you shouldn't be here for literal years while your status is determined, laying down roots and making a life it's traumatic to uproot you from. need quick, definitive decisions.

post malone ergo propter malone @proptermalone.bsky.social · 3h

i do think Dems should moderate on immigration in the sense that Dems should redesign our immigration policy to work like people think it works: you wait for a while (but not forever) to get into the country and then you wait for a while (but not forever) to become a citizen.

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Sharon Brett @sharonbrett.bsky.social · 5d

Monthly reminder! Lots of advanced notice! Get yer papers in (before mid January, for priority consideration)! Come hang with me in Lawrence in April!

Sharon Brett @sharonbrett.bsky.social · Oct 3

Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.

15th Annual Junior Faculty Federal Courts Workshop

April 24, 2026| KU School of Law

law.ku.edu

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Quinn Yeargain @yeargain.bsky.social · 18h

As a verrryyyyy late update to the August submission cycle, "Out-of-State Executives" is now forthcoming in the Wayne Law Review!

Quinn Yeargain @yeargain.bsky.social · Jul 30

perhaps, maybe, possibly coming to a law review near you. we'll see when I submit it! or perhaps we'll circle back in February.

title: Out-of-State Executives

abstract: In more than half of the states in the country, when the governor steps across state lines, they might be temporarily ceding power to their lieutenant governor. In the governor’s absence, the acting governor is largely free to do as they want—sign legislation, issue pardons, fill vacancies in state government, convene the legislature into session, and even initiate criminal investigations.
As actions by putative acting governors have been challenged in court, state courts have interpreted the meaning of the word “absence” to arrive at one of two different tests. First, the “physical absence” rule automatically devolves near-total power to the successor upon any absence from the state. Second, the “effective absence” rule devolves power only upon a meaningful absence. Yet these tests are inherently flawed. The “physical absence” rule is absurd, but easy to apply, while the “effective absence” rule is clearly logical, but difficult to apply. And far too many courts have never handed down binding opinions on these questions, leaving state governments to operate under norms and informal practices.

In this Article, I argue that gubernatorial absence provisions are incapable of reform and ought to be repealed. I conducted a fifty-state survey of state constitutions, statutes, caselaw, and attorney general opinions, and a content analysis of thousands of actions taken by acting governors. Based on this analysis, I conclude that acting governors’ purported exercises of power are significant, that the legality of these exercises is undertheorized, and that the attempts by state courts to interpret these provisions have produced inescapably flawed jurisprudence.

Moreover, there are grave harms of leaving these provisions untouched as partisan polarization deepens and democratic norms degrade. A putative acting governor representing a different faction or party than the elected governor could trigger a constitutional crisis upon the…

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Luke Smith Morgan @slukemorgan.bsky.social · 19h

nailed it. Ban the book deals

This, finally, is the problem with the genre itself. By presenting judging as a realm of pure law, insulated from politics, the justices offer a picture so implausible that it makes the opposite claim—that judging is nothing but politics—more credible. In their effort to inspire confidence, they deepen cynicism. If the only choices are civics class pieties or unvarnished partisanship, many readers will conclude, not unreasonably, that the latter is closer to the truth. Publishers, of course, will not mind. Judicial celebrity sells, and the market for reassurance is deep. Barrett closes with optimism that the constitutional project will endure, with no hint of constitutional crisis or recognition that many Americans believe one already exists.
That is for serious studies of law and politics. Barrett's purpose, like that of her colleagues' books, is to persuade readers that all will be well so long as the justices remain in charge.

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Luke Smith Morgan @slukemorgan.bsky.social · 19h

Brilliant, brilliant piece

Mark Graber @mgraber1.bsky.social · 1d

On why judicial biographies are almost always bad, unless you collect cliches. washingtonmonthly.com/2025/11/02/a...

Justice Barrett’s Campaign Biography

Amy Coney Barrett’s book, "Listening to the Law," claims the Supreme Court is above politics. Its very existence proves otherwise.

washingtonmonthly.com

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Richard M Re @richardre.bsky.social · 20h

Many thanks to the editors of the U Chicago Law Review!

Link: lawreview.uchicago.edu/print-archiv...

Legal Realignment | The University of Chicago Law Review

The widely understood alignment between political ideology and legal methodology—conservativism and constraint versus liberalism and discretion—explains judicial behavior with diminishing accuracy. In...

lawreview.uchicago.edu

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Luke Smith Morgan @slukemorgan.bsky.social · 23h

I don't even think it's begging the question here! This is a "generic" comment that in actuality gives a very specific answer in response to a specific situation. the most generous way to word that question is: "is Nick Fuentes in the coalition?" and the answer is apparently yes.

Luke Smith Morgan @slukemorgan.bsky.social · 23h

in retrospect, genuinely a bizarre feature of the late bush / early Obama years

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Luke Smith Morgan @slukemorgan.bsky.social · 1d

If "Congress shall make no law..." (1A) includes executive action on the assumption that all executive action is premised on a grant of Congressional authority, what does a wellspring of inherent Article II authority mean

Luke Smith Morgan @slukemorgan.bsky.social · 1d

Has anyone written about what the unitary executive / Supercharged Article II means for interpretation of the Bill of Rights?

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Luke Smith Morgan @slukemorgan.bsky.social · 1d

lol

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SE Gyges @segyges.bsky.social · 1d

cyberpunk cerca the 80s is to a great degree a complete reaction against earlier sci fi, especially golden age, and that is simply no longer a coherent thing to react against. that legacy is dead. the cyberpunk 80s are, in fact, the default retrofuture

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Jjinandtonic @jjinandtonic.bsky.social · 1d

average american’s interaction with insurance (charges that dont reflect real prices, which generally will go down if you call and ask for a basic explanation but rely on you not arguing) is a major root of american governance failure imo

Luke Smith Morgan @slukemorgan.bsky.social · Aug 7

increasingly toying with the idea that this is the root of all "rule of law" issues. A democratic theory of the rule of law should begin with the idea that the rule of law emerges from the average citizen's lived experience. And that experience today is being ruthlessly ripped off at all times.

Waldo Jaquith @waldo.net · Aug 7

I can’t say it enough: U.S. culture is scam culture. It pervades everything we do. We don’t notice it because it’s the water we swim in. A party would do well to remind everybody how awful this is and propose to fix it.

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ae @aelkus.bsky.social · 1d

i think in a free society people are not afraid to answer their phone

Luke Smith Morgan @slukemorgan.bsky.social · Aug 7

increasingly toying with the idea that this is the root of all "rule of law" issues. A democratic theory of the rule of law should begin with the idea that the rule of law emerges from the average citizen's lived experience. And that experience today is being ruthlessly ripped off at all times.

Waldo Jaquith @waldo.net · Aug 7

I can’t say it enough: U.S. culture is scam culture. It pervades everything we do. We don’t notice it because it’s the water we swim in. A party would do well to remind everybody how awful this is and propose to fix it.

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Luke Smith Morgan @slukemorgan.bsky.social · 1d

we should all hate each other less; be less cruel to each other. imo. I feel sorry for this man that this is how he sees people (or that this is how he feels compelled to portray himself as seeing people).

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Luke Smith Morgan @slukemorgan.bsky.social · 2d

Evergreen post

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Luke Smith Morgan @slukemorgan.bsky.social · 4d

Jason Koebler @jasonkoebler.bsky.social · 5d

Private equity destroys 200-year-old book distribution company that libraries around the country rely on and now libraries are having trouble getting new books:

www.404media.co/libraries-sc...

Libraries Scramble for Books After Giant Distributor Shuts Down

Why it might have been and may continue to be harder to get new releases from your local library.

www.404media.co

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Angelle Haney Gullett @cityofangelle.bsky.social · 4d

They literally ruin everything they touch

Scooby-Doo screenshots. Top panel: ghost labeled “Something I used to love sucks now” Fred says “Let’s see who’s behind this”
Bottom panel: Villain is unmasked, labeled “Private Equity”

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Thomas Kadri @thomaskadri.bsky.social · 4d

My new piece with @sonjawest.bsky.social is live in the Journal of Tort Law!

Our original 50-state survey of 466 deepfake laws reveals a complex landscape in which lawmakers are experimenting with novel criminal, civil & administrative tools to address deepfakes. papers.ssrn.com/sol3/papers....

As deepfake technology becomes increasingly sophisticated and accessible, American lawmakers are responding with a flurry of urgent legislative action to address its potential harms. Our 50-state survey of proposed and enacted deepfake legislation reveals a complex regulatory landscape in which jurisdictions are adopting a range of legal approaches, including criminal punishments, civil remedies, or a combination of methods. We also find that legislators are frequently turning to tort-law frameworks to address the harms of deepfakes. This article explores the current landscape of tort-based regulations of deepfakes. In addition to providing an overview of the most recent legislative developments, we unpack and compare the various tort-law methods arising at the state and federal level. We further consider how lawmakers are modifying existing tort laws to address the unique concerns raised by deepfakes.
While individualistic tort remedies allow victims of deepfakes to seek direct recourse through familiar private rights of action, our analysis also identifies practical and conceptual limitations with this approach. Traditional tort frameworks struggle to address key challenges posed by deepfakes, including anonymous creation, viral distribution at technological scale, and harms affecting both individuals and society broadly.
In light of these limitations, legislators are innovatively adapting traditional tort concepts—such as standing, mental states, causation, immunities, and remedies—to address deepfakes’ unique characteristics. Yet the very need for these adaptations reveals some of tort law’s shortcomings and suggests a space for complementary regulatory approaches. We consider some potential approaches that could provide this more complete framework, like tort liability for entities that enable deepfake creation and circulation, and civil enforcement mechanisms that empower state actors to vindicate both individual and societal interests. Ultimately, our finding…

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Luke Smith Morgan @slukemorgan.bsky.social · 4d

I've got

kubeiocracy - rule by gambling/gamblers

and

plutophemism - like "euphemism" or "dysphemism" but using "pluto-" for wealth (as in "plutocracy") - disguising something's true nature by describing it in financialized terms

Luke Smith Morgan @slukemorgan.bsky.social · 4d

Is it too much to invent two Greek neologisms on one page

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Star Trek Minus Context @nocontexttrek1.bsky.social · 4d

Star Trek The Next Generation scene. Tasha Yar, Riker, and Data stand outside with some greenery in the background, a questionably perfect blue sky backdrop, and lots of fog. Yar and Riker have a defensive posture holding phaser pistols, Data is staring at his phone. (It's a tricorder). Closed caption reads, "Spooky " 👻

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Luke Smith Morgan @slukemorgan.bsky.social · 4d

Because I'm weak I have been doomscrolling NYC Mayoral stuff this week but it did lead to this incredible find

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Luke Smith Morgan @slukemorgan.bsky.social · 5d

Ultimately it's a close call, nowhere near as bad as it looks. My understanding of this rule is that you get to do (essentially) whatever you want *during the gather* (what we call the "gather step") but once it's gathered, two steps, period. I think he takes three after the gather is complete

New Language In NBA Rule Book Regarding Traveling Violations

See below for more information about new language in the NBA rule book that governs Traveling violations: The NBA Board of Governors has approved new language in the NBA rule book that governs traveli...

official.nba.com

Luke Smith Morgan @slukemorgan.bsky.social · 5d

Played this and my wife started complaining about the speed and I was like uhhh not *that* fast actually

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