Dilan’s Newsletter

Dilan Esper
Mostly law, some culture, a little bit of potpurri
Created 16 Mar 2021
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  • Jurisdiction Stripping Doesn't Work
    11 Oct 2021 • 2 min read
    Back in the day, when conservatives were sure they would never get a Supreme Court majority to actually overturn Roe v. Wade, when they assumed everyone they appointed might turn out to support compro...
  • Everyone's a Lawyer on Twitter
    06 Oct 2021 • 4 min read
    The whole point of being a lawyer- a paid or appointed advocate for someone- is that you are required to zealously defend and advance that person or entity’s interests. There are limits on this, of co...
  • Parole is a Good Idea. We Need More of It.
    28 Sep 2021 • 3 min read
    Recently, some members of the Kennedy family, along with some of their admirers among the punditry, complained that Sirhan Sirhan, the infamous assassin of Robert Kennedy, is up for parole. Now, obvio...
  • Not Everything You Don't Like Is Unconstitutional
    22 Sep 2021 • 4 min read
    Josh Marshall has a very nice thread about how the Republicans treat the debt ceiling the way some abusive kid who knows someone will always be around to clean up his messes acts. I recommend you read...
  • We Need To Get Rid of the Constitutional Provision That Allows State Legislatures To Reverse Presidential Elections
    15 Sep 2021 • 3 min read
    Ever since the events of January 6, there’s been a lot of commentary, some well grounded, some overwrought, about whether a party (most likely the Republicans) could actually steal an American preside...
  • Careerism Is Destructive of Public Discourse
    13 Sep 2021 • 7 min read
    A few months after the United States invaded Iraq, it started to become clear that the invasion was going to go poorly. This produced a great deal of commentary among those paid to comment on American...
  • Slate Exposes a Huge Pitfall of Modern Journalism
    02 Sep 2021 • 3 min read • 1 0
    A couple of months ago, a major local controversy erupted in Los Angeles when a pre-op trans woman allegedly exposed herself (and her intact penis) in front of women and children at the Wi Spa, an Asi...
  • The Supreme Court Runs Up People's Legal Bills
    30 Aug 2021 • 3 min read • 0 1
    The Supreme Court’s increasing use of its “shadow docket”, i.e., what we used to call motion practice, decisions on issues such as injunctions and emergency stays without full briefing and argument, h...
  • Nationwide Injunctions Are a Problem
    27 Aug 2021 • 4 min read • 1 0
    Notre Dame Law Professor Samuel Bray, a former colleague of conservative Supreme Court Justice Amy Coney Barrett and a member of the libertarian-conservative website the Volokh Conspiracy, has been co...
  • A Modest Fourth Amendment Proposal
    26 Aug 2021 • 5 min read
    I read a lot of appellate cases. It’s part of my job. But it also means I have some knowledge of problems that show up repeatedly in such cases, even in areas I don’t ordinarily practice in. In Fourth...
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