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Posts by David A. Simon

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Ok

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I haven’t followed what you mean by this term—but I assume it means something like governance by courts. I don’t think that’s what many have in mind.

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Competency is not static. When other branches become less competent, courts may be more competent

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CMS proposes rolling back breakthrough device payment flexibilities CMS is proposing to repeal a pathway that allows breakthrough devices to get supplementary payments.

www.statnews.com/2026/04/15/c...

3 days ago 0 0 0 0

i agree with this. cite checking can sometimes get you to rethink your argument b/c you find stuff

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When the Room Spins: Researchers Learn More About Vertigo—and How to Treat It While many ER visits for dizziness result in expensive CT scans and sedatives, researchers are finding there are more-effective options

Never thought I’d see vestibular migraines in the WSJ but I’ll take it

www.wsj.com/health/welln...

5 days ago 4 2 0 0

Congrats to Dov Fox and @rickhasen.bsky.social

6 days ago 1 1 0 0

Sorry to miss this!

1 week ago 0 0 0 0
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2026 Lawsky Entry-Level Hiring Report Call for Information Gather key details for the 2026 Lawsky entry-level hiring report for entry level law professors. Find out how to contribute and access past reports here!

If you’ve accepted an entry-level tenure-track law professor job, please consider submitting your info to Sarah Lawsky’s list. Among other things, it’s a great way to let other scholars in your field know about you. prawfsblawg.com/lawsky-entry...

1 week ago 28 16 2 2

unfortunately courts do this all the time.

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www.nytimes.com/2026/04/09/o...

of course the analogy has problems, but i think they may not even understand how surgery works

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enjoy and congrats!

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we went through a similar person in law blogging over 10 years ago as i recall.

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The Academic Conference Grift: How Professors Turn a Two-Sentence Abstract Into a Paid Vacation in Greece Rhodes, Lisbon, Paris. You're picking up the tab.

the problem with stuff like this is it is one professor's experience. it does not track my experience at all. and it will get used for nefarious purposes. i get fake conference invites all the time from places like "Nursing International." why attend them?

www.facultyleaks.com/p/the-academ...

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I think this varies by field. I for one have done a fair amount of doctrinal work. I think it’s important.

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ai optimists tend to be people who are very adept at using technology and reasoning. they apply their own experience to what others will experience. i remember seeing one say that students will arrive at college more prepared than their professors. ummm

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but where do you draw the line?

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i always thought that was the thing we did

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From the WSJ. One thing not discussed is that public health insurance programs have almost no overhead (1-3% of total costs), while private plans have huge overhead.

www.wsj.com/health/healt...

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i guess not any more?

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Increasing Reliability And Availability Of Information About Devices Used To Support 510(k) Clearance | Health Affairs Forefront The FDA should improve device safety by increasing the amount and availability of information about previously marketed devices, known as predicates.

My colleagues and I at AJRC have published a new article in @healthaffairs.bsky.social about how to improve the 510(k) device review process--we focus on predicates

www.healthaffairs.org/content/fore...

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Great time moderating a panel in the FDA with @sbagen.bsky.social, @rachelsachs.bsky.social, and @drsinhaesq.bsky.social at @nusl.bsky.social annual health law conference.

As usual, I butchered at least one name (Sam’s)

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@ugaschooloflaw.bsky.social Professor @desireelc.bsky.social presented as part of the Texas International Law Journal symposium titled “Critical Perspectives on AI: Security, Governance, Labor and the Environment,” held in February at @universityoftexas.bsky.social.

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dothed?

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i was at a conference where an ai/engineer/comp sci prof said that chomsky was wrong and we are all machines and LLMs prove it and i doth protested but that was not the topic of the conference.

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We may, in some cases, have an obligation to take on cases/issues in litigation that other people will not or will not in the same way.

3 weeks ago 4 0 0 0

thankfully we have more control over scholarship than the news!

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The Non-Delegable Duty to Think: Judicial Legitimacy and the Limits of Generative AI <p><span>From a normative perspective, the use of generative AI to automate the justification of judgments is problematic on several levels. A legal opinion is

There is a critical difference between holistic, authentic judgment enabled by embodied cognition, and AI's reductive simulation of the language patterns associated with such thought.
papers.ssrn.com/sol3/papers....

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