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Posts by Rebecca Tushnet

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The Faculty Are the Problem, Apparently | Opinion | The Harvard Crimson Those who want to diminish the faculty’s decision-making authority, or who think universities should be run more like companies, should be careful what they wish for.

"our leadership has remained conspicuously silent when faculty members — disproportionately women and faculty of color — have had their scholarship and qualifications impugned by members of Congress and by right-wing outlets like Fox News..."

www.thecrimson.com/article/2026...

11 hours ago 45 20 0 0

Everyone needs to read Matthew's latest post, because this is what's in store for all of us at some point--being harmed by HCWs whose inadequate training & supervision are policy choices--unless we mobilize to reverse MAHA's cuts to Medicaid & Medicare

13 hours ago 82 43 1 1
20 hours ago 4853 686 138 25

I paid about $1k in tariffs last year to various carriers, such as FedEx and DHL, for importing goods that have no comparable substitutes in the US. I have no idea how I would even get that money back. If a process exists, it will take hours out of my day.

17 hours ago 1151 54 19 3

Looking forward to the ominous tweets of "Omar comin"

17 hours ago 58 9 4 1

Say, law students, to whom does a lawyer owe a duty of confidentiality?

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In 2023, Governor JB Pritzker was joined by Lieutenant Governor Juliana Stratton, Illinois Secretary of State Alexi Giannoulias, advocates, and lawmakers at the Harold Washington Library to sign legislation outlawing book bans in Illinois.

In 2023, Governor JB Pritzker was joined by Lieutenant Governor Juliana Stratton, Illinois Secretary of State Alexi Giannoulias, advocates, and lawmakers at the Harold Washington Library to sign legislation outlawing book bans in Illinois.

Illinois made history as the first state to outlaw book bans once and for all.

Marginalizing people, ideas, or facts has no place in our state — and they have no place in a democracy.

This National Library Week, we continue our commitment to free thought and free speech.

20 hours ago 2914 794 69 68

Sometimes it’s like is this a product, or a joint venture between buzzwords?

16 hours ago 238 35 21 0
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"higher standard of safety" is puffery even as to child car seats ElSayed v. Columbus Trading Partners USA Inc., No. 25-cv-01347 (FB) (TAM), 2026 WL 1042209 (E.D.N.Y. Apr. 17, 2026) ElSayed alleged that C...

"higher standard of safety" is puffery even as to child car seats

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phthalates could be "ingredient" for purposes of falsifying "only natural ingredients" Wysocki v. Chobani, LLC, --- F.Supp.3d ----, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s G...

phthalates could be "ingredient" for purposes of falsifying "only natural ingredients"

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Brita's clearly qualified filtration claims couldn't mislead reasonable consumers as to lack of qualification Brown v. Brita Products Company, --- F.4th ----, 2026 WL 1028347 No. 24-6678 (9 th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (se...

Brita's clearly qualified filtration claims couldn't mislead reasonable consumers as to lack of qualification

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an impossible claim is literally false and actionable if believing it is reasonable Panelli v. Target Corp., --- F.4th ----, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full hand...

an impossible claim is literally false and actionable if believing it is reasonable

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Screenshot of Isle of Wight Dems FB post:

"The fact is, Republicans do not hate rigged maps. They just hate it when they have to take their own medicine. Don't start none, won't be none. If they finally decide they don't like it, they can take it up for a national ban." - Isle of Wight Dems

With maps of TX, OH, FL, NC and SC showing Republican  extreme gerrymanders

Screenshot of Isle of Wight Dems FB post: "The fact is, Republicans do not hate rigged maps. They just hate it when they have to take their own medicine. Don't start none, won't be none. If they finally decide they don't like it, they can take it up for a national ban." - Isle of Wight Dems With maps of TX, OH, FL, NC and SC showing Republican extreme gerrymanders

"The fact is, Republicans do not hate rigged maps. They just hate it when they have to take their own medicine. Don't start none, won't be none. If they finally decide they don't like it, they can take it up for a national ban." - Isle of Wight Dems bluevirginia.us/2026/04/vide...

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The key here is how utterly impoverished the discussion was. There was no real debate and no in-person meeting to hash out differences of opinion; just a brief exchange of remarkably short memos over five days (two of which were a weekend). I’ve suggested before that folks would be floored to see just how little analysis and deliberation go into rulings like this that produce massive real-world effects; here, for once, is pretty compelling direct evidence in support of that speculation—and a pretty powerful rejoinder to those who have insisted that the Court’s internal debates in these cases are rigorous and deeply substantive. Whatever else this was, it wasn’t that.

The key here is how utterly impoverished the discussion was. There was no real debate and no in-person meeting to hash out differences of opinion; just a brief exchange of remarkably short memos over five days (two of which were a weekend). I’ve suggested before that folks would be floored to see just how little analysis and deliberation go into rulings like this that produce massive real-world effects; here, for once, is pretty compelling direct evidence in support of that speculation—and a pretty powerful rejoinder to those who have insisted that the Court’s internal debates in these cases are rigorous and deeply substantive. Whatever else this was, it wasn’t that.

Vladeck is exactly right.

Also, I’ve suggested before that it’s outrageous for the Court to nuke carefully reasoned lower court rulings so casually.

Federal judges ought be enraged to see this cavalier approach confirmed.

1 day ago 64 22 1 0
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Trump Library Saga Takes Dark Turn: Where Did Millions in Funding Go? Four huge media conglomerates forked over $63 million in “settlements” earmarked for Trump’s presidential library. Democrats are trying to track that money—and the latest developments don’t inspire co...

SCOOP --> Paramount, Meta, and X are refusing to say what happened to their huge contributions to Trump's presidential library after Sen Elizabeth Warren raised questions about its fund getting dissolved. Ds say tens of millions remain unaccounted for.

Details here:
newrepublic.com/article/2092...

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Law Clerks and Constitutional Theory--Seidman's New Book Part 1 | Supreme Betrayal: How the Supreme Court and Constitutional Law Have Failed America We try to sell some books!—Mike’s forthcoming The Constitution Cannot Save Us and Mark’s Who Am I to Judge? Mike describes his book and then we talk about the role of law clerks in writing Supreme Cou...

New episode of Supreme Betrayal: About Mike’s forthcoming book The Constitution Cannot Save Us—and about law clerks and constitutional theory:
supreme-betrayal-how-the-supreme-court-and-constitutional.simplecast.com/episodes/law...
open.spotify.com/episode/4I7O...
podcasts.apple.com/us/podcast/l...

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thank you, wife

1 day ago 907 129 20 2

Bad content drives out good.

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it's really an extraordinary statement of where we are - and of what ideas are circulating in some circles - that a prominent public company said this out loud

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Hartzog said lawmakers need to create more specific rules tailored to the unique threat posed by the combination of facial recognition and nearly undetectable surveillance technology before it becomes ubiquitous. Those laws need to target not only people using the technology, but also the companies behind it, he said.

“A lot of these conversations tend to focus on, ‘is it OK to use these glasses or this tool to surveil other people?’” he said. “What often gets lost in this conversation is, ‘is it OK for companies to design these really socially hostile tools in ways that will foreseeably lead to massive violations of privacy?’”

Hartzog said lawmakers need to create more specific rules tailored to the unique threat posed by the combination of facial recognition and nearly undetectable surveillance technology before it becomes ubiquitous. Those laws need to target not only people using the technology, but also the companies behind it, he said. “A lot of these conversations tend to focus on, ‘is it OK to use these glasses or this tool to surveil other people?’” he said. “What often gets lost in this conversation is, ‘is it OK for companies to design these really socially hostile tools in ways that will foreseeably lead to massive violations of privacy?’”

🛎️🛎️🛎️

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Today in Baltimore, We Proved This Fight Is Working DHS went to court to defend their ICE warehouse plan and walked away with a judge openly laughing at their argument.

"Over the past several months, our community has built a blueprint that other communities can use when federal agencies attempt to move detention infrastructure into their neighborhoods..."

blog.hagerstownrapidresponse.com/p/today-in-b...

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This image is a screenshot of a 2014 legal article from the Georgetown University Law Center repository. 
Title: "I'm a Lawyer, Not an Ethnographer, Jim": Textual Poachers and Fair Use
Author: Rebecca Tushnet, Georgetown University Law Center
Institution: Georgetown University Law Center, Scholarship @ GEORGETOWN LAW

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2315&context=facpub

This image is a screenshot of a 2014 legal article from the Georgetown University Law Center repository. Title: "I'm a Lawyer, Not an Ethnographer, Jim": Textual Poachers and Fair Use Author: Rebecca Tushnet, Georgetown University Law Center Institution: Georgetown University Law Center, Scholarship @ GEORGETOWN LAW https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2315&context=facpub

"I'm a lawyer, not a spell checker, Jim!"👍
@rtushnet.bsky.social

2 days ago 4 1 0 0

@bonniehonig.bsky.social posted about a scam aimed at academics and I want to warn folks about another version: not a book club but an NPR interview about your book. The names are real. The ask for $ comes after you set a date.

2 days ago 5 2 1 0

Current hostility (on the part of politicians and institutional leaders alike) to even looking at the past is strikingly blunt. It touches many disciplines, but denying history is the key issue.

The backlash against Bouie’s piece on Enlightenment and then the 1619 Project were public turning points

2 days ago 500 160 5 4
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A flatscreen display on a "smart" water fountain, demanding to be reconnected to the internet.

A flatscreen display on a "smart" water fountain, demanding to be reconnected to the internet.

In 1999, I was playing a decker in Shadowrun, and tried to distract a guard by hacking a water fountain to overflow, and my GM said "why would a water fountain be on the network? That's fucking stupid. No you can't try."

Well it's 2026 and I just want you to know, Phil, that I FUCKING CALLED IT!

3 days ago 9834 2920 18 95

We have a serious problem with appellate courts not having district courts' backs on things like fact-intensive injunctions.

The Trump administration literally lied about the need for ballroom construction, and the appeals court is saying we like to be lied to.

3 days ago 930 271 24 11
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A federal judge in Illinois today ruled that the Trump administration improperly coerced Facebook and Apple to remove ICE-tracking apps in violation of the First Amendment. storage.courtlistener.com/recap/gov.us...

3 days ago 4940 1584 48 79

The overtly misogynistic promotion of AI as a woman you can control is rampant, and it's depressingly telling that at no level in the decision chain that led to this ad existing did anyone who might have said "wait, what?" have any power to stop it going ahead.

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Record profits are unpaid wages and unpaid taxes.

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