Michael Smith
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msmith750.bsky.social
Michael Smith
@msmith750.bsky.social
Associate professor of law at University of Oklahoma College of Law. Researching constitutional law, criminal law, and legal oddities.
https://law.ou.edu/node/716
Reposted by Michael Smith
November 25, 2025 at 5:07 PM
Reposted by Michael Smith
So we’re just experimenting with AI in criminal cases huh
“The case is among the first in which a prosecutor is accused of filing court papers marred by A.I.-generated mistakes.”
www.nytimes.com/2025/11/25/u...
Prosecutor Used Flawed A.I. to Keep a Man in Jail, His Lawyers Say
www.nytimes.com
November 25, 2025 at 6:08 PM
Reposted by Michael Smith
The origin of this law? A Reconstruction-era Black Code to prevent recently freed persons in some counties from gaining any independence from working on white owned plantations.

In Georgia, picking wild fruit could cost you $1,000 — unless you go here

www.ajc.com/video/news/2...
In Georgia, picking wild fruit could cost you $1,000 — unless you go here
The Urban Food Forest at Browns Mill offers a rare, legal area to forage for fruits, nuts and herbs. Credits: AJC | Library of Congress | The Conservation Fund
www.ajc.com
November 25, 2025 at 2:27 PM
Enjoying a succulent Chinese meal in Iowa City
November 24, 2025 at 8:40 PM
Due to a scheduling mishap, I'm preparing for a talk with less than an hour's notice. Moments like this are a nice reminder of the good old days in practice.
November 24, 2025 at 5:45 PM
Iowa
November 23, 2025 at 8:43 PM
Reposted by Michael Smith
November 23, 2025 at 4:33 PM
Unimpressed
November 21, 2025 at 11:44 PM
Lawyers learning history
November 21, 2025 at 4:14 AM
Reposted by Michael Smith
Sometimes I'll just make thumbnail graphics for YouTube videos that don't exist.
February 7, 2025 at 5:57 AM
Reposted by Michael Smith
Today is the release date for my new book The Constitution of Conflict, published by @univpressofkansas.bsky.social! The book argues that the separation of powers is better understood as a political architecture than a judicially-enforced legal doctrine.

www.amazon.com/Constitution...
The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers (Constitutional Thinking)
The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers (Constitutional Thinking) [Bell, Thomas] on Amazon.com. *FREE* shipping on qualifying offers. The Constitution of Conflict: How the Supreme Court Undermines the Separation of Powers (Constitutional Thinking)
www.amazon.com
November 18, 2025 at 1:46 PM
Just got back from a drink with some colleagues and am now contemplating writing a slew of angry responses to commentary over the Smith dissent in which I claim to be his nephew.
November 20, 2025 at 4:24 AM
Reposted by Michael Smith
Smith-Drelich on the Right of Free Movement
Noah Smith-Drelich, Chicago-Kent College of Law, has posted The Forgotten Fundamental Right to Free Movement, which appears in the Northwestern University Law Review:There is a powerful fundamental right hiding in plain sight: the fundamental right to free movement. This right goes beyond the consistently acknowledged—though infrequently applied—fundamental right to interstate travel. The true scope of the Constitution's protection of movement through substantive due process safeguards local, interstate, and international travel. Though overlooked today, the fundamental right to free movement has deep roots in history and tradition, and in the decisions of numerous state and federal courts, including the Supreme Court.  This Article is the first to examine freedom of movement using the history and tradition test for unenumerated fundamental rights. This Article begins by tracing the right to free movement from the Magna Carta, through Blackstone's Commentaries, colonial America, early state constitutions, and the ratification of the Fourteenth Amendment. As this analysis shows, repressive governments have routinely sought to limit movement across and within boundaries. But the English and U.S. legal traditions are marked by repeated affirmations of the right—there is strong and persistent historical support for a fundamental right to free movement.  This Article then turns to judicial discussions of movement rights, both historical and contemporary. Drawing on several previously unconnected lines of decision, this examination surfaces a vibrant picture of the fundamental right to free movement recognized by the courts, including the U.S. Supreme Court.  --Dan Ernst 
dlvr.it
November 19, 2025 at 7:51 AM
Fox!!
November 19, 2025 at 2:46 PM
OU is searching for a new director of its Institute for the American Cultural Heritage! Folks who teach and write on American constitutional law and history should give the posting a look!

apply.interfolio.com/177567
Apply - Interfolio {{$ctrl.$state.data.pageTitle}} - Apply - Interfolio
apply.interfolio.com
November 19, 2025 at 12:48 AM
Reposted by Michael Smith
Last week, @uofoklahomalaw.bsky.social Professor Jon Lee @jonleelawprof.bsky.social presented at a faculty workshop at North Carolina Central University School of Law, sharing his expertise on best practices for developing assessments.
November 18, 2025 at 8:51 PM
Reposted by Michael Smith
On Thursday, @uofoklahomalaw.bsky.social Professor @staceytovino.bsky.social gave a one-hour presentation titled "HIPAA Review and Updates for Prosecutors" on behalf of the Association of Prosecuting Attorneys.
November 16, 2025 at 9:07 PM
Hell yeah
November 18, 2025 at 5:31 PM
Reposted by Michael Smith
Self-Accommodation, papers.ssrn.com/sol3/papers...., is now published! It's part of a wonderful University of California Health Humanities Press collection, “Legal Determinants of Health: From Incarceration to Accessibility,” edited by Brian Dolan and Juliet McMullin.
Self-Accommodation
The reasonable accommodation mandate was intended to ensure access for people with disabilities. Yet some people with disabilities who are eligible for and in n
papers.ssrn.com
November 5, 2025 at 3:46 PM
Look at @matchdawson.bsky.social over here, getting the Highly Recommended designation for "The Sovereign Acre": legaltheoryblog.com/2025/11/18/d...
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November 18, 2025 at 5:19 PM
brb going to throw a chair through the window
Scholastica is just a fancier version of Mailchimp. Why are we even having to pay $6.60, let alone $7.35?
November 18, 2025 at 5:03 PM
Reposted by Michael Smith
There's a brand-new essay by Frank Fagen, haven't had a chance to read it yet, but it sounds pretty interesting. papers.ssrn.com/sol3/papers....
The Coming Law Review Shortage
Today, law reviews sit near equilibrium: roughly 5,000 annual submissions for about 5,600 slots. Tomorrow, large language models are likely to drive output towa
papers.ssrn.com
November 18, 2025 at 4:29 AM
I occasionally hear people say that law reviews are getting many more submissions than they used to, citing generative AI usage for this development. Sometimes, I've heard numbers thrown around.

Does anyone have any references for this? I've poked around a bit and found nothing. Is it anecdotes?
November 18, 2025 at 4:22 AM
Reposted by Michael Smith
November 17, 2025 at 5:16 PM
?
November 17, 2025 at 4:32 PM