Joshua Engel, Esq.
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joshuaaengel.com
Joshua Engel, Esq.
@joshuaaengel.com
Civil Rights & Appellate Attorney | Fmr Prosecutor | Father & Husband | Friend of Collies | Long-Suffering Cornhuskers Fan
One thing lawyers who are not part of the informal “Supreme Court Bar” recognize is the insularity of that group

Many very talented lawyers are basically excluded from SCOTUS practice, in part as a result of the deference that the members of that elite community expect towards the Court’s members
December 12, 2025 at 2:02 PM
I (Penn 92) will be taking enough grief from my brother (Cornell 95) to make up for your loss, I promise

His abuse no doubt will ALSO include the shameful reminder that Cornell beat Penn by 3+ touchdowns this year
December 12, 2025 at 1:55 PM
There needs to be a differentiation between “academics” and “administrators”

Behind many of the problems on campuses are administrators who have no real background in, or commitment to, teaching or scholarship but who, instead, are “professional” managers who studied “leadership” (often online)
December 11, 2025 at 12:51 PM
The biggest change higher education over the past decade+ has been the growth of the professional "Higher Education Administrator"- administrators now have backgrounds in business or degrees in "Leadership" instead of rising through traditional faculty positions

Result: less value on academics
December 9, 2025 at 5:44 PM
In these troubled times, I respectfully suggest we should spend more time building consensus about what we all agree on — that the Boomers are unequivocally the worst generation
December 8, 2025 at 11:33 AM
In law, we have a time-tested adage:

"When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck."

(Most recently from Justice Sotomayor in Garland v. Cargill, 602 U.S. 406, 430(2024))
December 8, 2025 at 12:06 AM
To be fair, I would totally watch the continuing adventures of Rick and Captain Renault as they kill Nazis
December 6, 2025 at 8:40 PM
Noem seems to asserting an advice-of-counsel defense, which raises the issue of whether and to what extent the any attorney-client privilege is waived
December 6, 2025 at 11:47 AM
I appreciate you guys have a well thought out and reasoned belief that the rule of law will hold here

I really, really, want to agree

But, man, we’ve seen THIS Court not really care about precedent and legal reasoning so many times… hard not to feel you’re giving off a real Lucy with football vibe
December 5, 2025 at 9:23 PM
The transcript really cannot capture the mocking and incredulous tone which really reminds me of my mother
December 5, 2025 at 6:57 PM
Nadir that we know of so far...
December 5, 2025 at 6:27 PM
We appreciate posts here — nicer to get updates without having to wade through all the “unpleasantness”

Thanks
December 5, 2025 at 11:02 AM
Working as a state prosecutor, we *never* went to a second grand jury in those rare instances where we could not obtain an indictment

While legally permitted, going to a second grand jury without the discovery of new evidence was considered a sharp and unethical practice
December 5, 2025 at 10:52 AM
Those of us who write appellate briefs for a living obsess over Kagan’s strongest point: standard of review

Why bother anymore?

For this Court — and the lesson will trickle down to lower courts of — the standard of review is now completely irrelevant if it gets in the way of the desired outcome
December 4, 2025 at 11:35 PM
My cousin and I were under the basket where Laettner hit his shot in the Duke-Kentucky game

We grabbed a stats sheet from the press table as a souvenir

When we got home, we discovered it was the sheet where Mike Lupica and Bob Ryan had written this famous exchange:

"Greatest game ever?"
"Yes."
December 4, 2025 at 1:04 AM
Good article here from West Point professor and officer (I hope DoD does not order it removed) describing how “Ordering no-quarter and engaging in no-quarter actions have long violated international humanitarian law” and US doctrine

lieber.westpoint.edu/wagner-group...
The Wagner Group’s “No Quarter” Order and International Law - Lieber Institute West Point
Prigozhin’s threat to “kill everyone” or declaring “no quarter” clearly violated international criminal law, but perhaps also IHL.
lieber.westpoint.edu
December 2, 2025 at 11:31 AM
Also strange — but perhaps not surprising — that schools factor in zero risk that a Democratic Administration in four years won’t conclude that entering into these agreements violated the civil rights of students/faculty and seeks to impose similar penalties or enforcement provisions
December 1, 2025 at 2:37 PM
In Wilmington, Ohio we saw this when a city councilman tried to pass a resolution attacking a local ministry that aids the homeless, saying “We all have compassion, and we will continue to have compassion towards those that deserve it and need it…”
November 30, 2025 at 4:37 PM
I’m not a military attorney, but I’m pretty sure that blockades like this are considered to be acts of war under international law
November 29, 2025 at 6:20 PM
That’s a bonny pile
November 29, 2025 at 1:06 AM
“Sense of Urgency” is a Core Value
November 28, 2025 at 9:12 PM