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Posts by Rebecca Tushnet

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5 hours ago 3 0 0 0
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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...

9 hours ago 3759 1259 34 42
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

9 hours 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.

10 hours 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

14 hours ago 480 155 5 4
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!

1 day ago 9208 2735 16 87

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.

1 day ago 920 265 24 10
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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...

1 day ago 4828 1540 48 76

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.

1 day ago 6 4 0 0

Record profits are unpaid wages and unpaid taxes.

1 day ago 2356 762 15 11

Spotify royalties so bad, rappers turning to running for mayor to make ends meet.

1 day ago 10 3 1 0

You wish for a sort of "hard look" scrutiny, as it were.

15 hours ago 0 0 1 0

As night follows day, this was always where it was headed.

17 hours ago 8 3 0 0

I turned 16 in 1980 so I remember the 80s and 90s clearly. And they were pretty shit (aside from music, the music was good—but the music of your teens is *always* good). Choking air pollution, smoking in public spaces, ambient sexism, homophobia and racism everywhere. And fucking THATCHER.

16 hours ago 207 30 11 0

Most striking to me about these memos is the radically different assessment of the harm imposed by the president not being able to pursue his initiatives. Over the last 15 mos., that harm has in numerous cases been treated as almost per se serious and irreparable. Here, it gets no analysis at all.

15 hours ago 2330 619 37 29
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“You cannot kill me in a way that matters.”

1 day ago 75 20 2 0
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‘We thought we were immune’ to democratic backsliding - Harvard Law School Recovering democratic practices and values likely depends in part on an organized opposition and an active civil society, says Harvard Law Professor emeritus Mark Tushnet

A discussion of the state of the art in comparative constitutional law, including questions about democratic backsliding and recovery (pre-Hungarian election): hls.harvard.edu/today/we-tho... (with a video of the full discussion embedded)

1 day ago 5 1 0 0

I mean… yeah. Yeah.

1 day ago 6 1 0 0

Ilona Andrews, This Kingdom Will Not Kill Me: just a really competent, fun book where the heroine gets isekai'd into her favorite book--recommended even though there is a cliffhanger!

1 day ago 4 1 0 0
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Panel 6: Unanticipated Consequences of New Technologies and Practices 29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Jennifer Urban, UC Berkeley Law...

Panel 6: Unanticipated Consequences of New Technologies and Practices

1 day ago 0 0 0 0

This is a fucking INCREDIBLE and spot-on way to describe the increasing restriction by corporations and governments of sex work, porn, and erotica.

Resist the enclosure of the sexual commons!

1 day ago 125 57 0 0
In December last year, Roblox rolled out new features to prevent children from chatting with adults they do not know by making users who wish to use the chat function pass through facial age assurance that then groups them in similar age group cohorts until they turn 21.

Since the shift, Roblox has monitored account behaviour to detect signs that the user might have been younger than the age they appeared in facial age estimation, with some parents being discovered in the process.

"When we went and did the validation tests on that, you could see the kid in the background who handed the phone to their parent," said Matt Kaufman, Roblox's chief of safety. “So that's why we have these systems in place."

In December last year, Roblox rolled out new features to prevent children from chatting with adults they do not know by making users who wish to use the chat function pass through facial age assurance that then groups them in similar age group cohorts until they turn 21. Since the shift, Roblox has monitored account behaviour to detect signs that the user might have been younger than the age they appeared in facial age estimation, with some parents being discovered in the process. "When we went and did the validation tests on that, you could see the kid in the background who handed the phone to their parent," said Matt Kaufman, Roblox's chief of safety. “So that's why we have these systems in place."

Parents are being used to circumvent highly effective age assurance – should they be banned? Write to your MP www.theguardian.com/australia-ne...

#OnlineSafetyAct #ageverification #gaming #childrights #openweb #techpolicy

4 days ago 11 10 2 0

"an important part of the white-collar defence bar’s work has centred on advising companies on compliance as they seek to stay out of prosecutors’ crosshairs. Several lawyers said companies have tried to reduce spending on this since Trump returned to office, viewing it as less necessary ...."

1 day ago 8 4 3 0

Seconded

1 day ago 22 2 2 0
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Metadata strikes again

1 day ago 17 4 0 0

This is nuts, including MSG’s legal threats against Wired. When I wrote about a fan banned by MSG surveillance, flaks tried to circumvent The Verge’s on-background policy. When I noted they declined to speak on the record, they sent me some…. truly wild emails.
www.theverge.com/news/637228/...

1 day ago 189 74 5 3

I love this fact.

1 day ago 107 20 7 0

it really is remarkable *how mild* the op-ed that she wrote was. It really shouldn’t matter what she said, but I think they chose to make an example of her precisely *because* she didn’t do anything remotely wrong. They wanted to show they could do this to anyone.

1 day ago 1395 390 19 4
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Oh Look, The MAGA FTC Built The Censorship Industrial Complex It Was Screaming About We’ve been covering the Trump administration’s escalating campaign against NewsGuard for a while now. It started with the House Oversight Committee’s absurd investigation of the c…

One of the best pieces I’ve seen on the omnishambles of the FTC, by @masnick.com

www.techdirt.com/2026/04/16/o...

1 day ago 75 25 1 2

1/ People complain about how law reviews make you provide citations for absolutely everything, and I get that it can go overboard at times. But it is not infrequently the case that "everyone knows" something, so no one bothers to check it, even when that thing isn't quite right.

1 day ago 174 13 17 6