The case of temporary visitors was more complicated at common law. The
parents, if lawfully present, were under the temporary protection of the sovereign.
That is why one judge in a famous case, Lynch v. Clarke, held in 1844 that a child
born of temporary sojourners was a citizen. But the rule was contested because of
increasing international travel and the resulting dual allegiances. Joseph Story
suggested that an exception for temporary visitors would be a “reasonable
qualification” to the rule. Henry St. George Tucker in his treatise stated flatly that
temporary visitors fell outside the common-law
I'm afraid I can't just sit here and say nothing when another law professor gives false testimony to Congress about the meaning of the Fourteenth Amendment.
Ilan Wurman has given false testimony to Congress, being fully on notice of the falsity. I do not think this is fairly debatable. 1.
11.03.2026 13:45
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It’s a 17-point improvement on the margin. That’s not spin; it’s an accurate statement.
11.03.2026 12:10
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my “I have no reports of mines in the Strait of Hormuz but Iran must remove them immediately” tshirt has people asking a lot of questions answered by the tshirt
10.03.2026 20:03
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JUST IN: Democrats have flipped a Trump+9 seat in the New Hampshire House, per reporter Kevin Landrigan.
Republicans outspent Dems by a considerable margin.
This is now the 10th special election flip for Ds in Trump's second term, versus zero for the GOP. sos.tn.gov/elections/20...
11.03.2026 01:38
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I would strongly support a national law requiring any company fielding more than [X number] of calls per day to set up a callback procedure rather than making people wait on hold
10.03.2026 18:07
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Minnesota’s chief justice declines, again, to restrict immigration enforcement at courthouses
State Supreme Court Chief Justice Natalie Hudson said the Judicial Branch restricting how federal law enforcement operates could be perceived as taking a stand on a political issue.
This is the ultimate sort of rules-based formalism that is just so embarrassing when people's lives are on the line.
By *not* intervening, the MN Supreme Court is also taking a political stance—one that says it's okay for ICE to seize people at courthouses.
10.03.2026 17:03
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any day now, I reckon
10.03.2026 16:53
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The Singularity is upon us: Apple's AI summarized a text message that read "I'm still down to clown if you are" to.... "clown event still possible."
10.03.2026 16:39
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sick, grotesque response
10.03.2026 16:44
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tweet reading:
[Dentist waiting room]
Me: [chanting] teeth, teeth-
Other patients: teeth, TEETH
Secretary: [pounding her clipboard]: TEETH, TEETH, TEETH!
same energy as this:
10.03.2026 14:56
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if your strategic advisors were unable to determine that the President who repeatedly called affordability a "hoax" and a "conjob" was not going to focus on affordability, then your strategic advisors are not worth what they're being paid
09.03.2026 14:13
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it is! I believe it's on the second floor of the law school
08.03.2026 18:02
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Of course, I *should've* known about it because there's a book about the work and everything, and @profferguson.bsky.social wrote a chapter about the Jardines painting!
08.03.2026 17:50
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Florida v. Jardines, as painted by Xavier Cortada
When visiting FIU last week for a workshop (shoutout to @vanessamiller.bsky.social), I saw Xavier Cortada's "May It Please the Court" series of paintings of Florida-related U.S. Supreme Court cases, which I didn't know about. His depiction of Jardines is quite striking.
cortada.com/art2021/pain...
08.03.2026 17:50
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08.03.2026 15:36
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the SNL parody of Fox and Friends is now quite dated, but still holds up even with different hosts
08.03.2026 15:32
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Giving dissatisfied pro se litigants a grievance machine produces predictable results
08.03.2026 01:45
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Had to doublecheck the date on this
07.03.2026 16:00
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So much online conservatism these days is just "I miss being a kid"
07.03.2026 18:05
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The asymmetry of the value placed on human life is so striking. Israel has a goal to recover 40-year-old remains; to do so, it invades a sovereign country, and the lives of 26 Lebanese are an afterthought. Their names not even worth printing in the New York Times.
07.03.2026 14:15
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I took great pleasure in spring of 2022 in playing the "how early can I go to bed and get up" game
07.03.2026 00:49
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NO SUCH THING
07.03.2026 00:45
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I'm proud to be running for the Georgia Court of Appeals. Let’s get to work.
06.03.2026 18:37
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I hope you know you're always welcome (nay, encouraged) to send your work to me!!
06.03.2026 21:03
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"How to Run a Law Review Symposium," forthcoming in the Duquesne Law Review, now on SSRN (and I didn't even have to pester them about it!)
06.03.2026 14:38
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Unfortunately, “Yo brother, legal team confirmed we can’t work with minors rn” is an instant classic
06.03.2026 13:38
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"yeah I rigged my race, fuck you" is a fascinating message to go with
05.03.2026 23:56
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oh hmmm I don't think I recall that specific thing
05.03.2026 22:56
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I have no idea what that is 😬
05.03.2026 22:56
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