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Daily Archives: August 10, 2023

The Sweep and Force of Section Three

Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). University of Pennsylvania Law Review, Vol. 172, 2024, Available at SSRN “Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This article corrects those mistakes by setting forth the full sweep and force of Section Three. First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by Congress. It can and should be enforced by every official, state or federal, who judges qualifications. Third, to the extent of any conflict with prior constitutional rules, Section Three repeals, supersedes, or simply satisfies them. This includes the rules against bills of attainder or ex post facto laws, the Due Process Clause, and even the free speech principles of the First Amendment. Fourth, Section Three covers a broad range of conduct against the authority of the constitutional order, including many instances of indirect participation or support as “aid or comfort.” It covers a broad range of former offices, including the Presidency. And in particular, it disqualifies former President Donald Trump, and potentially many others, because of their participation in the attempted overthrow of the 2020 presidential election.”

Clarence Thomas’ 38 Vacations

ProPublica continues its stellar investigative reporting on SCOTUS and the Money Train – The Other Billionaires Who Have Treated the Supreme Court Justice to Luxury Travel. “During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy… Continue Reading

Artificial Intelligence and the Practice of Law Part 1

Murray, Michael D., Artificial Intelligence and the Practice of Law Part 1: Lawyers Must be Professional and Responsible Supervisors of AI (June 14, 2023). Available at SSRN: or  – This article discusses the benefits and challenges of using artificial intelligence (AI) systems to assist lawyers in legal practice. It argues that at present… Continue Reading

2023 National Book Festival

Library of Congress: “Join us in the nation’s capital at the Walter E. Washington Convention Center on Saturday, August 12, from 9 a.m. to 8 p.m. (doors open at 8:30 a.m.). If you can’t join us in Washington, D.C. for a day of free talks and activities, several programs will be livestreamed, and video of… Continue Reading

Your Phone Isn’t Spying on You to Show You Ads (It’s Worse Than That)

Lifehacker: “…What data your phone is actually collecting. Instead of eavesdropping and storing your voice as many assume, your apps, phone, watch, game system, computer, and probably your oven are greedily collecting every data point they possibly can, including but not limited to your: Location information (both through your device’s location settings and IP address)… Continue Reading

Google Slides’ new tool lets you annotate your presentations

engadget: “Google has introduced a new tool for Slides that can help you make your presentations more interactive and keep your audience’s attention. The new feature, a pen tool, lets you write on a slide in real time, so you can encircle key figures, draw arrows, underline important information and just generally scribble anything you… Continue Reading New, Tip, and Top August 2023

In Custodia Legis – August 2023 – Browse back to the First Congress: “In July, Robert shared news about the new treaty document email alerts. He also shared that we added Browse pages back to the 43rd Congress that included the Bound Congressional Record. We have done a lot of work over the recent months… Continue Reading

Colleges Spend Like There’s No Tomorrow. ‘These Places Are Just Devouring Money.’

WSJ (free to read): “The nation’s best-known public universities have been on an unfettered spending spree. Over the past two decades, they erected new skylines comprising snazzy academic buildings and dorms. They poured money into big-time sports programs and hired layers of administrators.  Then they passed the bill along to students. The University of Kentucky… Continue Reading