Howard and Caroline Cayne Distinguished Professor of Law, @WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤@DividedArgument.

Joined December 2010
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Pinned Tweet
24 Jul 2025
NEW ARTICLE on @SSRN: "The Practice of Executive Constitutionalism," by me and @conorjclarke (forthcoming in @VirginiaLawRev). Check it out! (Link in next tweet to avoid being crushed by the @X algorithm).
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Dan Epps retweeted
NEW EPISODE: "Watch Snobs" dividedargument.com/episode/…
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An extremely useful app for law profs and students who use Macs/iOS devices!
Replying to @CaseViewerApp
@CaseViewerApp has a refreshed website and a bunch of post-semester refinements & enhancements. Here's how a couple of yesterday's SCOTUS opinions render on Mac and iPhone. Check it out at caseviewer.app! And if you need a discount code for full version, let me know.
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Dan Epps retweeted
Replying to @CaseViewerApp
@CaseViewerApp has a refreshed website and a bunch of post-semester refinements & enhancements. Here's how a couple of yesterday's SCOTUS opinions render on Mac and iPhone. Check it out at caseviewer.app! And if you need a discount code for full version, let me know.
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Dan Epps retweeted
Less talk more firing
Someone needs to write about bullshit jobs in academia that has over-bureaucratized core university functions like research and teaching to the extent that we now have to pause research and teaching to catch up with new bureaucracies every few months
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Version 1.2 released today, with various minor improvements thanks to @claudeai's new Fable model. danepps.github.io/zotero/blu…
Law folks using Zotero: I'm ready to release my "Bluebook Citations Fixer" plugin designed to address some recurring issues with law review citations that Zotero alone can't handle. Download and instructions at link below. danepps.github.io/zotero/blu…
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Yes, it's great that @WashU stands to make a killing on the SpaceX IPO. But I don't love the idea that our money manager has "a reputation for making large, concentrated bets." Endowments should be diversified, not gambled. wsj.com/business/university-…
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Dan Epps retweeted
Law folks using Zotero: I'm ready to release my "Bluebook Citations Fixer" plugin designed to address some recurring issues with law review citations that Zotero alone can't handle. Download and instructions at link below. danepps.github.io/zotero/blu…
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Dan Epps retweeted
OK, I admit complete defeat here. I tried to invent the most ridiculous possible version of anti-AI purity politics: ban copy-paste and retype citations by hand. But apparently every reductio of academic gatekeeping is just someone's preferred pedagogy lol.
Unironically, yes. Formatting your citations by hand every time is something I personally enjoy doing (ok, I may be a bit of a weirdo in this respect) but it’s also a safeguard against the perpetuation of inadvertent errors from paper to paper
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🚨UPDATE 🚨: @SSRN appears to be backing down on licenses. An email I just received from someone at the company:
Wow. @SSRN is over. This is quite unfortunate, and infuriating. Law profs, we need a replacement. stephenbainbridge.com/p/the-…
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This seems entirely backwards to me. As it becomes clear that sites like SSRN aren't reliable long term repositories, journals—where articles have remained discoverable for over a century—become only more useful. Ad hoc hosting on law school websites can quickly become vaporware.
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FWIW, I’m hearing there may be a lot of confusion about what’s actually happening. I’ve asked my schools library to reach out to @SSRN for clarification.
Wow. @SSRN is over. This is quite unfortunate, and infuriating. Law profs, we need a replacement. stephenbainbridge.com/p/the-…
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I'm sympathetic to the concerns underlying these rules, but I worry they're so broad and unrealistic that they're unlikely to be taken seriously by students. It bars using "AI" to check grammar; I think that would cover MS Word's grammar check function, which is AI-trained.
Berkeley law has introduced a new, much stricter AI policy law.berkeley.edu/wp-content/…
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I am continually surprised by how poor Westlaw's interface is and how little it has improved over time. When I type "Cox" into the search bar, the suggestion should be a case w/ that name, not "Litigation Analytics" about how often various judges named Cox grant summary judgment.
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Another one. When I type "Masson," do you think I want the famous First Amendment case—or a "Snapshot" of a senior judge on the PA Court of Common Pleas, 59th Judicial District?
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Dan Epps retweeted
Odd debate. It is true that serious court reform has only approached being mainstream in the left legal academy in the last 5 years or so, but it’s been discussed there for much longer and as far as I can tell it is *more* popular in the academy than outside it.
Replying to @joshtpm
2/ Like I barely have the heart to argue about it. Because it just barely STARTING to happen. And to the extent the small minority of reform voices want to speak louder that's precisely what i support. And if they want to claim a lot of support within the academy, well great...
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