Joshua J. Freundel
@lawlawcoolj.bsky.social
Lawyer. Defender of the liberal order. Legal interpretation, Fed Courts, the First Amendment, and Halakhic jurisprudence. Sartorially competent.
Is a mistrial a feature of U.S. law specifically, or does it exist in other countries?
September 9, 2026 at 7:14 PM
Is a mistrial a feature of U.S. law specifically, or does it exist in other countries?
Is there any rhetorical flourish in U.S. judicial history that has caused more confusion than Justice Holmes' "a man falsely shouting fire in a theatre and causing a panic"?
September 9, 2026 at 6:42 PM
Is there any rhetorical flourish in U.S. judicial history that has caused more confusion than Justice Holmes' "a man falsely shouting fire in a theatre and causing a panic"?
Some paralegal is having the most intense day of her life right now.
Omg.
Defense counsel asks for emergency stay so he can seek appeal from the Supreme Judicial Court. Trial judge gives him one hour to get a stay of the declaration of mistrial.
Defense counsel asks for emergency stay so he can seek appeal from the Supreme Judicial Court. Trial judge gives him one hour to get a stay of the declaration of mistrial.
BREAKING: Mistrial declared in Lindsay Clancy case.
September 4, 2026 at 4:21 PM
Some paralegal is having the most intense day of her life right now.
To anyone who thinks that Lindsay Clancy simply “gets off scot free” if she’s found not guilty: under MA General Laws c. 123 § 16, the judge can have her civilly committed, first for a 40-day evaluation, then for 6 months, and then for recurring 1 year periods as needed.
September 4, 2026 at 4:10 PM
To anyone who thinks that Lindsay Clancy simply “gets off scot free” if she’s found not guilty: under MA General Laws c. 123 § 16, the judge can have her civilly committed, first for a 40-day evaluation, then for 6 months, and then for recurring 1 year periods as needed.
The problem with this is that Matt will win every time.
Excited to announce that for all my future classes, I will mitigate AI concerns by switching to an in-class, closed-book final exam consisting entirely of of staring contest between the students and me.
September 1, 2026 at 4:13 PM
The problem with this is that Matt will win every time.
So the renaming might be illegal. But the recurring question becomes who has standing to sue? Does New York just refuse to update its signage and have a potential defense?
August 31, 2026 at 5:07 PM
So the renaming might be illegal. But the recurring question becomes who has standing to sue? Does New York just refuse to update its signage and have a potential defense?
Let’s say a future DOJ determines that an immunity deal, albeit one that doesn’t include a large payout, was the result of a clearly corrupt bargain. Could that DOJ unbind itself from the deal? What if that corrupt deal, under a unitary executive theory, amounted to an illegal self-pardon?
August 3, 2026 at 3:46 PM
Let’s say a future DOJ determines that an immunity deal, albeit one that doesn’t include a large payout, was the result of a clearly corrupt bargain. Could that DOJ unbind itself from the deal? What if that corrupt deal, under a unitary executive theory, amounted to an illegal self-pardon?
Given recent news, would it make sense to have a 25th Amendment analogue for members of Congress? I guess the key question is who would be constitutionally recognized to affect the suspension/removal.
July 27, 2026 at 8:08 PM
Given recent news, would it make sense to have a 25th Amendment analogue for members of Congress? I guess the key question is who would be constitutionally recognized to affect the suspension/removal.
Josh is convincing me that the turn to "commonsense" constitutionalism is a good thing.
2/ ... Art. I and the 17th Amendment talk about senatorial vacancies without mentioning death (Art. I mentions vacancies happening "by Resignation, or otherwise").
Applying expressio unius ...
Applying expressio unius ...
July 14, 2026 at 4:32 PM
Josh is convincing me that the turn to "commonsense" constitutionalism is a good thing.
More in the spirit of the original question, there aren’t many living *fiction* writers that I’ve read 5 or more volumes of.
J.K. Rowling
George R.R. Martin
That might be it. Many more in the nonfiction space.
J.K. Rowling
George R.R. Martin
That might be it. Many more in the nonfiction space.
I hate that my first answer is Sunstein.
I'm v curious how many people have answers:
1. that are NOT sci-fi, fantasy, mystery, or romance; and
2. for which you don't even need to count titles--like, it's just obvious without checking
I can't immediately think of any! I wondered maybe Irving but had to check--and the answer was no (4)
1. that are NOT sci-fi, fantasy, mystery, or romance; and
2. for which you don't even need to count titles--like, it's just obvious without checking
I can't immediately think of any! I wondered maybe Irving but had to check--and the answer was no (4)
July 9, 2026 at 9:15 PM
More in the spirit of the original question, there aren’t many living *fiction* writers that I’ve read 5 or more volumes of.
J.K. Rowling
George R.R. Martin
That might be it. Many more in the nonfiction space.
J.K. Rowling
George R.R. Martin
That might be it. Many more in the nonfiction space.
I hate that my first answer is Sunstein.
I'm v curious how many people have answers:
1. that are NOT sci-fi, fantasy, mystery, or romance; and
2. for which you don't even need to count titles--like, it's just obvious without checking
I can't immediately think of any! I wondered maybe Irving but had to check--and the answer was no (4)
1. that are NOT sci-fi, fantasy, mystery, or romance; and
2. for which you don't even need to count titles--like, it's just obvious without checking
I can't immediately think of any! I wondered maybe Irving but had to check--and the answer was no (4)
five living writers that you've read five books by each
Rita Dove
Tasha Suri
Courtney Milan
Grant Morrison
Tom Perrotta
Rita Dove
Tasha Suri
Courtney Milan
Grant Morrison
Tom Perrotta
July 9, 2026 at 9:03 PM
I hate that my first answer is Sunstein.
The mea culpa is appreciated.
It’s also become quite tiresome to see inexcusably shortsighted people with large influence figure out their own shortcomings at the expense of everyone else.
It’s also become quite tiresome to see inexcusably shortsighted people with large influence figure out their own shortcomings at the expense of everyone else.
July 7, 2026 at 3:01 AM
The mea culpa is appreciated.
It’s also become quite tiresome to see inexcusably shortsighted people with large influence figure out their own shortcomings at the expense of everyone else.
It’s also become quite tiresome to see inexcusably shortsighted people with large influence figure out their own shortcomings at the expense of everyone else.
I hate it when Karma comes for my team.
July 7, 2026 at 1:58 AM
I hate it when Karma comes for my team.
Comedy is legally material again.
Comedy is legal again.
Anyway, here's part of Breyer's response:
July 7, 2026 at 1:00 AM
Comedy is legally material again.
Even for those who tend to doubt such accusations, this is particularly believable. It includes corroboration at the time it happened, and confirmation long before Platner became a public figure.
I really hope the Democrats do the moral thing (finally) and encourage Platner to exit the race.
I really hope the Democrats do the moral thing (finally) and encourage Platner to exit the race.
A woman who dated Graham Platner says he sexually assaulted her.
The Maine Democrat denied the allegations and said, “Any accusation of non-consensual behavior is categorically untrue.”
The Maine Democrat denied the allegations and said, “Any accusation of non-consensual behavior is categorically untrue.”
Exclusive: Woman who dated Graham Platner says he sexually assaulted her
The Maine Democrat denied the allegations and said, “Any accusation of non-consensual behavior is categorically untrue.”
www.politico.com
July 6, 2026 at 7:48 PM
Even for those who tend to doubt such accusations, this is particularly believable. It includes corroboration at the time it happened, and confirmation long before Platner became a public figure.
I really hope the Democrats do the moral thing (finally) and encourage Platner to exit the race.
I really hope the Democrats do the moral thing (finally) and encourage Platner to exit the race.
Now we get a ruling on standing grounds! This World Cup has everything.
In the barrage of statements, this is a new statement - from Fifa.
July 6, 2026 at 7:08 PM
Now we get a ruling on standing grounds! This World Cup has everything.
Reposted by Joshua J. Freundel
Ah, if only there had been some kind of sign. Some sort of indication. A symbol, perhaps, that might have hinted that things would go terribly awry
From @benkail.bsky.social at the @bangordailynews.bsky.social:
"Graham Platner has postponed a string of events Sunday and Monday as rumors circulate among Maine Democrats and over social media about another potentially damaging story to come about the oyster farmer’s past."
"Graham Platner has postponed a string of events Sunday and Monday as rumors circulate among Maine Democrats and over social media about another potentially damaging story to come about the oyster farmer’s past."
Graham Platner postpones multiple events this week
The postponements came as multiple Democrats said they expected a national outlet to drop a story about Platner Monday or Tuesday.
www.bangordailynews.com
July 6, 2026 at 6:43 PM
Ah, if only there had been some kind of sign. Some sort of indication. A symbol, perhaps, that might have hinted that things would go terribly awry
Sovereign is he that decides on the exception.
This whole FIFA red card SNAFU (and @annabower.bsky.social’s clearly correct analysis) is actually a great demonstration of the oft-overlooked difference between writing a law and reading it. This is a terrible, Schmittian abuse of fairness, but it is the rule as it was passed.
July 6, 2026 at 5:39 PM
Sovereign is he that decides on the exception.
Reposted by Joshua J. Freundel
people need to go to jail over this, its the only thing the democratic party should be saying right now. all of them, in unison, no matter the question or topic, needs to be saying “insider trading is against the law”
Investment accounts owned by President Trump engaged in more than 300 previously undisclosed stock purchases on April 8, 2025, one day before his surprise announcement that he would pause a number of his “Liberation Day” tariffs, his financial disclosure report says.
Trump discloses 327 unreported stock trades made a day before his first tariff pause
Their disclosure, more than 14 months after they occurred, is the latest revelation to fuel calls for greater scrutiny of the president’s financial assets.
nbcnews.to
July 6, 2026 at 2:35 PM
people need to go to jail over this, its the only thing the democratic party should be saying right now. all of them, in unison, no matter the question or topic, needs to be saying “insider trading is against the law”
Reposted by Joshua J. Freundel
There's a part in the book "Careless People" where the author beats Zuck at Settlers of Catan, and he is absolutely wrecked by it. Someone pulls her aside to explain everyone else has been letting him win for years. I think about this a lot re: why tech bros think everyone will love AI chatbots.
People who spiral out overusing LLM chatbots are really just experiencing the kind of brain-damaging stream of unconditional validation that’s always been the norm for the hyper-wealthy, which explains a lot.
Worse than Twitter, private discussions (text, email, whatever) among like-minded wealthy lunatics who are all surrounded by yes-men who talk like ChatGPT in maximum ass-kissing mode.
July 6, 2026 at 1:45 PM
There's a part in the book "Careless People" where the author beats Zuck at Settlers of Catan, and he is absolutely wrecked by it. Someone pulls her aside to explain everyone else has been letting him win for years. I think about this a lot re: why tech bros think everyone will love AI chatbots.
This whole FIFA red card SNAFU (and @annabower.bsky.social’s clearly correct analysis) is actually a great demonstration of the oft-overlooked difference between writing a law and reading it. This is a terrible, Schmittian abuse of fairness, but it is the rule as it was passed.
July 6, 2026 at 3:54 PM
This whole FIFA red card SNAFU (and @annabower.bsky.social’s clearly correct analysis) is actually a great demonstration of the oft-overlooked difference between writing a law and reading it. This is a terrible, Schmittian abuse of fairness, but it is the rule as it was passed.
“You know what the best part of soccer is? The lawyers.”
This is such a layered joke, I love it.
This is such a layered joke, I love it.
Every soccer match should be followed by appeals of each foul. That is the only way soccer can become more like appellate litigation, which I understand to be the goal of all.
July 6, 2026 at 3:50 PM
“You know what the best part of soccer is? The lawyers.”
This is such a layered joke, I love it.
This is such a layered joke, I love it.
You mean to tell me the best striker for Norway is named Holland?
July 6, 2026 at 3:11 PM
You mean to tell me the best striker for Norway is named Holland?
We are all FIFA textualists now.
here's the relevant “lol we can do whatever we want” clause
as you can see, it's broadly applicable. sub-section 4 only excludes one category of disciplinary measures—those stemming from match manipulation—from its scope. that's not relevant to the Balogun case
as you can see, it's broadly applicable. sub-section 4 only excludes one category of disciplinary measures—those stemming from match manipulation—from its scope. that's not relevant to the Balogun case
July 6, 2026 at 3:06 PM
We are all FIFA textualists now.