All the Wrong Questions (Part 3) – Normative Opacity in the Age of Strong AI
All the Wrong Questions (Part 3) – Normative Opacity in the Age of Strong AI
As we achieve more intelligent machines… are there things about criminal justice that we ought to refuse to allow anyone to learn?
John Cleese on the Serious and the Solemn
John Cleese on the Serious and the Solemn
Potentially moving the ball forward on the place of humor in the contemporary criminal curriculum.
Let’s Be Reasonable About Geofence Warrants (Part 4) – Ohio v. Diaw
Let’s Be Reasonable About Geofence Warrants (Part 4) – Ohio v. Diaw
The Ohio Supreme Court reasonably holds a person retains no reasonable expectation of privacy in a single location datum conveyed to a third party.
Rehabilitating Einstein – What Quantum Discomfort Can Teach the Criminal Law
Rehabilitating Einstein – What Quantum Discomfort Can Teach the Criminal Law
When even quantum scientists aren’t sure… what can the criminal law learn but humility?
In Defense of Pardons
An important lever of mercy? Or a kingly vice?
On State Search and Seizure
On State Search and Seizure
Several posts concerning state constitutional law of search and seizure.
Ripeness, Supervised Release, and the Right to Counsel
Ripeness, Supervised Release, and the Right to Counsel
If not at the sentencing hearing, then the answer to _when_ might effectively be never.
The Right Way to Decide Chatrie – (Or, Let’s Be Reasonable About Geofence Warrants, Part 6)
The Right Way to Decide Chatrie – (Or, Let’s Be Reasonable About Geofence Warrants, Part 6)
The Supremes can do some good—and not embarrass the future—by rejecting extremes and reinforcing the constitutional magistrate role.
Brigham City Emergency Aid Lives On
Brigham City Emergency Aid Lives On
The Court unanimously, as expected, sticks to its sui generis rule.
Silence During Interrogation and US v. Ward
Silence During Interrogation and US v. Ward
Silence can be inscrutable… but what about when it’s not?
No, Chief, Do Not Consider Banning AI
No, Chief, Do Not Consider Banning AI
Intelligence (human or machine) weeps at the ignorance of “banning the use of artificial intelligence in legal proceedings.”
More Federal Failures to Indict
More Federal Failures to Indict
Are we experiencing a grand jury blip, or something that will prove more significant?
Martin v US (Somewhat) Cleans Up Policing Liability Under the FTCA
Martin v US (Somewhat) Cleans Up Policing Liability Under the FTCA
Unanimously better on the law enforcement proviso and supremacy is good improvement, even with work remaining on ‘discretionary function.’
Announcing HendersonBot
I for one welcome our robot doppelgangers.
Has Trump Second Affected the Crim Law Classroom?
Has Trump Second Affected the Crim Law Classroom?
Has the change in administration (and all that goes with) affected your classroom?
So you are going to law school…
So you are going to law school…
Some advice for the soon-to-be 1L.
Reflecting on a Full Life with Big Fish
Reflecting on a Full Life with Big Fish
How to deliver bad news… Big Fish style.
Summary of the U.S. Sentencing Commission’s 2025 Guideline Amendments
Summary of the U.S. Sentencing Commission’s 2025 Guideline Amendments
Providing a summary and discussion of the U.S. Sentencing Commission’s 2025 Guideline Amendments.
Teaching Law
What would Socrates do… with the history of American legal education, Langdell’s case method, and contemporary cognitive science?
Why Are Humans So Prone to Anti-AI Speciesism?
Why Are Humans So Prone to Anti-AI Speciesism?
If it walks like a duck and talks like a duck… oh, not us!
Law Prof Versus Practitioner Salaries – Same As It Ever Was
Law Prof Versus Practitioner Salaries – Same As It Ever Was
If the difference was also roughly five times in the 1800s… ought we be satisfied?
No More Chest Thumping in Iowa – A Garbage Search About-Face
No More Chest Thumping in Iowa – A Garbage Search About-Face
Iowa proves a legal realist’s dream (and privacy failure) in narrowing its state constitutional search protection.
Bar Journals Censoring Criticism of State Judges
Bar Journals Censoring Criticism of State Judges
Do bar journals outside of Oklahoma similarly engage in viewpoint discrimination?
Let’s Be Reasonable About Geofence Warrants (Part 5) – New Jersey v. Bryant
Let’s Be Reasonable About Geofence Warrants (Part 5) – New Jersey v. Bryant
The NJ Superior Court’s Appellate Division takes a measured (if less than ideal) approach to cell tower dumps, and this time in a published opinion.
Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison
Explained: Sean “Diddy” Combs Sentenced to 50 Months in Prison
Unpacking one of the most high-profile applications of the Federal Sentencing Guidelines in years.
What Cobra Kai Teaches Profs
What Cobra Kai Teaches Profs
Achieving balance is a lifelong quest that few achieve… whether in the academy or outside it.
The Reasonableness of Police Force and Supreme Court Concurrences
The Reasonableness of Police Force and Supreme Court Concurrences
Kudos on unanimity regarding straightforward Fourth Amendment law… but boo to an entirely superfluous concurrence.
CrimProf Blog Lives On
A next life for CrimProf Blog.
Sentencing Transgender Assassins of Supreme Court Justices
Sentencing Transgender Assassins of Supreme Court Justices
Unpacking the eight-year sentence imposed on Sophie Roske, who planned to assassinate Brett Kavanaugh.
Crimprof Blog Rises (Again)
Crimprof Blog Rises (Again)
The next chapter begins, with a new home.
New York (Predictably) Overcharging Luigi Mangione – Who Needs a Rule of Law?
New York (Predictably) Overcharging Luigi Mangione – Who Needs a Rule of Law?
Why can’t the prosecutor simply follow the law?
Rethinking Law School Exams
Rethinking Law School Exams
Why the lengthy issue spotter?
Double Jeopardy Same Offense Stays the Same… For Now
Double Jeopardy Same Offense Stays the Same… For Now
The Court unanimously agrees that Congress intended only a single conviction, ending the matter… except to Gorsuch.
Crim Movie Recommendations
Crim Movie Recommendations
Some of the films I like to use in teaching.
Why ‘Henderson’ (or Anyone Else) on Criminal Law and Procedure
Why ‘Henderson’ (or Anyone Else) on Criminal Law and Procedure
Admitting all ego, decisions do simply have to be made.
All the Wrong Questions – Criminal Adjudication in the Age of Strong AI
All the Wrong Questions – Criminal Adjudication in the Age of Strong AI
The potential for substituting in truly intelligent machines makes me wonder… are we doing this wrong?
Villarreal – A Depressing Decision by a Depressing Court
Villarreal – A Depressing Decision by a Depressing Court
When not a single Justice demonstrates an understanding of criminal defense, we are in a bad place indeed.
Classroom Generative AI Hallucinations
Classroom Generative AI Hallucinations
When class discussion goes AI-rogue.
Crim Book Recommendations
Crim Book Recommendations
Some of the books I like to use in teaching.
Selecting a Criminal Procedure Casebook
Selecting a Criminal Procedure Casebook
Law school casebooks should not cost $300… but they also cannot (sustainably) be free.
Let’s Amend the US Constitution
Let’s Amend the US Constitution
We need practice, so any non-harmful Amendment will do.
Let’s Be Reasonable About Geofence Warrants (Part 2) – US v. Chatrie
Let’s Be Reasonable About Geofence Warrants (Part 2) – US v. Chatrie
Eight concurrences and no majority is not getting the job done.
Should Grandma Be Arrested?
Should Grandma Be Arrested?
A stop, arrest, and civil suit to spark some conversation.
On ICE Shootings and Supremacy Clause Immunity
On ICE Shootings and Supremacy Clause Immunity
As for the killing of 37-year-old Renee Good in Minneapolis, there looks to be neither such immunity nor self-defense.
So you want to go to law school…
So you want to go to law school…
Some advice for the potential applicant.
Let’s Be Reasonable About Geofence Warrants (Part 3) – NJ v. Van Salter
Let’s Be Reasonable About Geofence Warrants (Part 3) – NJ v. Van Salter
A divided New Jersey Superior Court appellate panel does good work, but is (understandably) too fixated on the single suspicion standard of probable cause.
Carpenter AI-Generated Podcast
Carpenter AI-Generated Podcast
Google’s NotebookLM generates a podcast concerning the Carpenter decision.
All the Wrong Questions (Part 2) – An Honest Verdict
All the Wrong Questions (Part 2) – An Honest Verdict
The potential for substituting in truly intelligent machines makes me wonder… why do we ask juries the questions we do?
On Glossip and Oklahoma Criminal Justice
On Glossip and Oklahoma Criminal Justice
What will Oklahoma do to improve, now that these ugly truths are ‘proclaimed from the rooftops’?
Thank the Gods You Don’t Attend UC Berkeley Law (Or, Sorry If You Do!)
Thank the Gods You Don’t Attend UC Berkeley Law (Or, Sorry If You Do!)
Berkeley Law parties… er, teaches, like it’s 1989.
Faithless Prosecution
Can the Take Care Clause void political prosecutions?
Another in the Campus Novel Pantheon – Stoner
Another in the Campus Novel Pantheon – Stoner
It’s no joyous romp through the absurdities of academia, but it’s definitely worthy of a read.
Academia’s Farcical Foursome
Academia’s Farcical Foursome
If you find academia absurd, these four novels are for you.
Let’s Be Reasonable About Geofence Warrants
Let’s Be Reasonable About Geofence Warrants
I appreciate the Fifth Circuit attention—and stand by that work—but a categorical ban is not reasonable.
All the Wrong Questions (Part 1 Prime) – Pascal on Natural Law
All the Wrong Questions (Part 1 Prime) – Pascal on Natural Law
“Doubtless there are natural laws, but … reason having been corrupted, it corrupted everything.”
A Meh Campus Novel – Moo
Earl Butz and company didn’t do much for me, making Moo a campus novel for which I’ll recommend a (gentle) skip.
An Introduction to (Legal) Generative AI
An Introduction to (Legal) Generative AI
What is this stuff, anyway, and how’s it fit into law school and lawyering?
