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Luke Smith Morgan

@slukemorgan.bsky.social

590 followers 1.6K following 560 posts

law professor. democracy. constitutional doctrine. solarpunk enthusiast. hoops. dad. my opinions are solely my own and not attributable to anyone else. ssrn: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=6381985

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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.

Jason Kuznicki @jkuznicki.bsky.social · Aug 6

I think Democrats should offer voters a broadly defined anti-fraud platform. Yes, obviously, start with Trump’s influence peddling, but don’t stop there. Online fraud is massive, almost every phone call you get is a scam, and the solution has to be federal or it just won’t work.

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Playoffs Eschewer @scratchbomb.bsky.social · 5d

me before and after shelling out to see One Battle After Another in IMAX

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Luke Smith Morgan @slukemorgan.bsky.social · 3h

I was at the back of an empty IMAX and as The Scene went on I just stood up like the end of the fourth quarter of a tied basketball game

Luke Smith Morgan @slukemorgan.bsky.social · 3h

brother. what a movie. wow.

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Luke Smith Morgan @slukemorgan.bsky.social · 6h

Well I committed to this it'd better be worth it

Luke Smith Morgan @slukemorgan.bsky.social · 11h

Happily there's one more showing of this 2hr42min movie at the Durham IMAX today at 10:15 PM.

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Luke Smith Morgan @slukemorgan.bsky.social · 11h

genuine lmao at "Chicagoans are Americans"

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Luke Smith Morgan @slukemorgan.bsky.social · 11h

wait what

Luke Smith Morgan @slukemorgan.bsky.social · 11h

Happily there's one more showing of this 2hr42min movie at the Durham IMAX today at 10:15 PM.

Luke Smith Morgan @slukemorgan.bsky.social · 11h

I don't understand the movie industry anymore. I just saw an ad that today is the last day to see "One Battle After Another" in IMAX. The movie was released two weeks ago?

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Luke Smith Morgan @slukemorgan.bsky.social · 13h

faculty meeting post:

Burgess Everett @burgessev.bsky.social · 14h

Rubio explained to Senate Republicans this afternoon the legal theory behind the administration’s strikes on the boats off coast of Venezuela, per Sen. Kennedy. “He’s clearly thought it through”

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jeff computers @helldude.bsky.social · 17h

i said it many times around various of these incidents, including the whitmer kidnapping plot. it is insane the kinds of things elected officials have been saying to the american people in public. tree of liberty and all of that. it's crazy and it makes people violent. has to be addressed. top down

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Leonid Baezhnev @rev-avocado.bsky.social · 16h

Income transfers that make Scandinavian benefits look puny. Mandatory parental leave for everyone. Lower and more flexible work hours. Free or heavily subsidized group-setting care. A Manhattan Project for making pregnancy safer and easier (and maybe robo-wombs).

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Leonid Baezhnev @rev-avocado.bsky.social · 16h

Kids are a massive material resource drain, they make you lose vast quantities of free time, and also they are the best fucking thing in the world IMO.

William B. Fuckley @opinionhaver.bsky.social · 17h

I think the thing with the debate about ‘Pro-Natalism’ is that everyone kind of dances around saying explicitly is that revealed preferences show lots of people think having kids of sort of sucks for the parent but is clearly necessary for society.

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Luke Smith Morgan @slukemorgan.bsky.social · 16h

(wisely) it's both

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rev. howard arson @theophite.bsky.social · 1d

what i did not expect re: "AI" is the number of people saying "i know exactly what consciousness is" before saying "and this isn't it." i believe in the second half of that sentence. i do not know why anyone would say the first.

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

also all of the laws that people are imagining will not survive a first amendment challenge

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

In the Second Circuit case, the end goal was to strike down New York's licensing requirement. It naturally follows: if talk therapy is speech, requiring a license to speak is suspect (actually probably per se unconstitutional tbh but plf didn't go that far)

Brokamp v. James, No. 21-3050 (2d Cir. 2023)

Plaintiff, a Virginia-licensed mental health counselor, appealed from a district court judgment dismissing her First Amendment and Due Process challenges to a New York law requiring her to obtain a fu...

law.justia.com

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

E.g., in this case, the Fifth Circuit struck down a statute requiring an in-person veterinary examination before any care given, saying it unconstitutionally regulated speech.

This is a classic example of the first amendment eating everything: it's *unconstitutional* to regulate vet care?

Hines v. Pardue, No. 23-40483 (5th Cir. 2024)

Dr. Ronald S. Hines, a retired and physically disabled veterinarian licensed in Texas, provided online pet-care advice without physically examining the animals. Texas law requires veterinarians to est...

law.justia.com

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

I worked on a 1A / talk therapy case at CA2. (Speaking only for myself here) (obviously because this is not what CA2 said, but:) Therapy is a medical treatment and treating it as speech is the original sin here.

Prof Caroline Mala Corbin @carolinemalacorbin.bsky.social · 1d

Q: Is this therapy a medical treatment? How do you categorize

A: No we are not but it does not matter It turns on speech or conduct, not treatment or not treatment

Q: But if in world of medical treatment, then in world of conduct

A: If treatment only speech, then not speech incidental to conduct

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

we don't talk enough about how insane the Sherwin Williams logo is

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Guha Krishnamurthi @ggkrishnamoomoo.bsky.social · 2d

Earlier this summer, I presented Textualism Step Zero at the Harvard-Yale-Stanford Junior Faculty Forum

I begin with a confession of my failures and say something about a failure in textualism-hey, and this is different for me-even a way to fix that for textualism!

papers.ssrn.com/sol3/papers....

abstract of my paper Textualism Step Zero

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Mike Sowden @mikeachim.bsky.social · 2d

Damn. This is amazing. £325 per week, paid monthly, for 3 years - and the result was a profit for the Irish economy:
www.citizensinformation.ie/en/employmen...

Post from Threads user rodneyowl: "Ireland has declared the Basic Income for Artists scheme permanent. This will be officially announced in tomorrow’s budget. Details to follow. Congratulations to all who fought for it and the present and future artists of all sorts in Ireland. That includes me 👌We’re just comin to the end of a 3 year pilot scheme. It’s been a roaring success. For every €1 paid out to the 2000 participants, the government got €1.46 back. Can’t argue with that. Other countries are already taking note."

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David A. Graham @dgraham.bsky.social · 2d

Raleigh / Durham / Chapel Hill

Anthony Michael Kreis @anthonymkreis.bsky.social · 2d

contracts professor / torts professor / constitutional law professor

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

not to, you know, but this just flatly isn't true; you don't have a first amendment right to block a driveway!

Dave Byrnes @djbyrnes1.bsky.social · 2d

Ellis interjects that this is likely activity that protestors have a right to do under 1A.

"They can peacefully protest by standing in the driveway... at least as I understand Democracy, which may not be how everyone understands it," she says, listing off other 1A activities.

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

As a reminder, Gorsuch and Thomas both dissented from denial of cert, i.e., the liberals are fully responsible for this.

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Daniel Rice @danielrice.bsky.social · Jul 3

Apache Stronghold would like a word!

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