Fiscally Restraining Criminal Lawmaking by @leahanelson and me is forthcoming in @WashULRev and up on SSRN: papers.ssrn.com/sol3/papers.…. We analyze how legislative tools to promote fiscal restraint could (and occasionally already do) work in criminal law.

It has been interesting to watch Alabama, Texas, and Florida remove the bar admission requirement to graduate from an ABA-accredited law school. Did they realize that their war on wokeness was following California’s lead?

I’m honored to receive an award for Outstanding Contribution to Teaching Development from the University of Alabama Teaching Academy. I’m extraordinarily grateful for my time as a Faculty Fellow there over the past two years. I have learned a ton and met so many amazing teachers.

I’m humbled and honored to receive the Dean Thomas Christopher Award for service to @UALawSchool. It’s an incredible privilege to get to work with amazing students and colleagues.

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Important decision from the 10th Circuit on computer searches, suggesting new limits on the scope of computer search and seizure—at least in the CA10. And not only new limits, but no QI, at least in the 2-1 majority's view. ca10.uscourts.gov/sites/ca10… #N There's a ton going on here, but brief recap: Police get warrant to enter home & search for evidence (including computers) of protester who attempted to assault officer during protest, arguing that there was likely evidence of the assault in the home, including on the protester's phone—and that could have been transferred to other computers in the protester's home. First warrant just allows seizure; second allows search; third allows obtaining contents Facebook account. No charges are ultimately filed, and the protester sues. Tenth Circuit, 2-1, holds: 1) No QI for officer as to the first warrant, as even if there was arguable PC as to cell phone, there wasn't even arguable PC to seize the bulk of the computers seized. (see tweet below for more, so I can add more screenshots)

I'm excited to report that the article that @leahanelson and I wrote, Fiscally Restraining Criminal Lawmaking, is forthcoming in the @WashULRev.

Kudos to this journalist for mentioning that this new law is obviously unconstitutional under existing Supreme Court precedent and situating it with similar efforts in other states. Reminds of me a great article Mridula Raman is writing on the topic. alabamareflector.com/2026/02…

Increasingly loud drumbeat for Congress to amend §1983 to authorize civil suits against federal officials for civil rights violations. It’s a great idea and great policy, but I just don’t think DOJ would ever permit Congress to do it.

Fiscally Restraining Criminal Lawmaking is under submission. Please mention it to your favorite law journal editors. Or your least favorite. @leahanelson and I examine how legislative process could make costs more salient in criminal law, hopefully prompting better deliberation.

I’m sitting with about 100 public defenders from every corner of the U.S. Blue states, red states. Large and small counties. You need to know something deeply disturbing.