Joanna Schwartz
@jcschwartzprof.bsky.social
Honorable Harry Pregerson Professor of Law, UCLA. Civil rights, police accountability, civil procedure. Author of Shielded: How the Police Became Untouchable (2023). Learn more at: joannaschwartz.net
Pinned
Police officers almost never pay settlements & judgments against them, but are denied indemnification more often than payout data suggests. This great @themarshallproject.org story describes two recent cases & here's my new draft article examining this phenomenon 👇
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Joanna Schwartz
At least 11 congressmen from 1865-1871 were arguably not citizens under Trump's interpretation of 14th A, our research finds. Yet no one challenged their eligibility to serve. Why not? Obviously, b/c no one who drafted or ratified the 14th A shared Trump's view.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The Dog That Didn't Bark: Eligibility To Serve In Congress And The Original Understanding Of The Citizenship Clause
President Donald J. Trump's 2025 Executive Order restricting birthright citizenship has prompted new interest in the interpretation of the Fourteenth Amendment'
papers.ssrn.com
December 11, 2025 at 7:23 PM
At least 11 congressmen from 1865-1871 were arguably not citizens under Trump's interpretation of 14th A, our research finds. Yet no one challenged their eligibility to serve. Why not? Obviously, b/c no one who drafted or ratified the 14th A shared Trump's view.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Joanna Schwartz
I'm reminded of Dan Farber's 1986 article, "The Case Against Brilliance," which is pretty much about that problem in the legal academy.
scholarship.law.umn.edu/cgi/viewcont...
scholarship.law.umn.edu/cgi/viewcont...
December 24, 2025 at 8:54 PM
I'm reminded of Dan Farber's 1986 article, "The Case Against Brilliance," which is pretty much about that problem in the legal academy.
scholarship.law.umn.edu/cgi/viewcont...
scholarship.law.umn.edu/cgi/viewcont...
Reposted by Joanna Schwartz
So I have the cover story in next month's TNR.
I interviewed the heads of police groups; immigration defense attorneys, ex-judges and ex-prosecutors; former DOJ and DHS officials, and the former head of Border Patrol.
They're all horrified at what we've seen, and they all fear what's coming.
I interviewed the heads of police groups; immigration defense attorneys, ex-judges and ex-prosecutors; former DOJ and DHS officials, and the former head of Border Patrol.
They're all horrified at what we've seen, and they all fear what's coming.
Trump’s Immigration Nightmare: It Is Happening Here
With astonishing speed, the administration has toppled the most cherished pillars of a free society. And the experts agree: It’s all going to get much, much worse.
newrepublic.com
December 24, 2025 at 3:08 PM
So I have the cover story in next month's TNR.
I interviewed the heads of police groups; immigration defense attorneys, ex-judges and ex-prosecutors; former DOJ and DHS officials, and the former head of Border Patrol.
They're all horrified at what we've seen, and they all fear what's coming.
I interviewed the heads of police groups; immigration defense attorneys, ex-judges and ex-prosecutors; former DOJ and DHS officials, and the former head of Border Patrol.
They're all horrified at what we've seen, and they all fear what's coming.
Reposted by Joanna Schwartz
This is critically important. Democrats need to pass it if they retake Congress. Trump will veto it. So pass it again. Campaign on it. Given current polling, corruption of the FBI, and the brutality of ICE and BP, there’s no better time to say, “Federal police are not above the law.”
Restoring Bivens rights: one bill "would allow citizens to sue for damages resulting from constitutional violations committed by federal officers," while the other "would create a cause of action against federal law enforcement agencies and police depts for constitutional violations."
These congressmen want to give you the right to sue federal law enforcement for violating your rights
The proposed bills aim to codify a 1971 Supreme Court ruling that allowed individuals to sue the feds for Fourth Amendment violations.
reason.com
December 23, 2025 at 1:53 PM
This is critically important. Democrats need to pass it if they retake Congress. Trump will veto it. So pass it again. Campaign on it. Given current polling, corruption of the FBI, and the brutality of ICE and BP, there’s no better time to say, “Federal police are not above the law.”
Reposted by Joanna Schwartz
In case people tell you that public criticism of the court doesn’t matter, here’s Brett Kavanaugh trying to walk back what he said in the ICE roving patrol case - when he blessed racial profiling & called the stops prompt.
He was lambasted; @akalhan.bsky.social coined the term “Kavanaugh stops”
He was lambasted; @akalhan.bsky.social coined the term “Kavanaugh stops”
December 23, 2025 at 9:20 PM
In case people tell you that public criticism of the court doesn’t matter, here’s Brett Kavanaugh trying to walk back what he said in the ICE roving patrol case - when he blessed racial profiling & called the stops prompt.
He was lambasted; @akalhan.bsky.social coined the term “Kavanaugh stops”
He was lambasted; @akalhan.bsky.social coined the term “Kavanaugh stops”
Reposted by Joanna Schwartz
After what we're seeing at CBS, if today is not the perfect day for everyone to find some independent journalism & nonprofit newsrooms to support... what day could be better?
December 22, 2025 at 7:29 PM
After what we're seeing at CBS, if today is not the perfect day for everyone to find some independent journalism & nonprofit newsrooms to support... what day could be better?
Reposted by Joanna Schwartz
"Pulling the Supreme Court back from the cliff is something progressives should view as far preferable to the alternative—where it may not just be the Court that gets pushed over the edge and into oblivion, but our entire constitutional (and democratic) order."
Me in today's issue of "One First":
Me in today's issue of "One First":
198. Progressive Judicial Institutionalism
There's important daylight between those who are critical of the present degree of judicial power in the United States in general and those who are critical of the current Supreme Court, specifically.
www.stevevladeck.com
December 22, 2025 at 12:50 PM
"Pulling the Supreme Court back from the cliff is something progressives should view as far preferable to the alternative—where it may not just be the Court that gets pushed over the edge and into oblivion, but our entire constitutional (and democratic) order."
Me in today's issue of "One First":
Me in today's issue of "One First":
Reposted by Joanna Schwartz
December 19, 2025 at 11:30 PM
Reposted by Joanna Schwartz
Do not cite an academic paper unless you’ve read it
AI Is Inventing Academic Papers That Don't Exist -- And They're Being Cited in Real Journals
Academic articles from authors using large language model are creating an ecosystem of fake research that threatens human knowledge itself.
www.rollingstone.com
December 19, 2025 at 4:46 PM
Do not cite an academic paper unless you’ve read it
Reposted by Joanna Schwartz
A story I found about Haiti:
In 1999, a group of Haitians were tired of political disorder and dreamed of a better life in the United States. So they built a small, 23-foot boat by hand using pine trees, scrap wood, and used nails. They called the boat "Believe in God."
In 1999, a group of Haitians were tired of political disorder and dreamed of a better life in the United States. So they built a small, 23-foot boat by hand using pine trees, scrap wood, and used nails. They called the boat "Believe in God."
December 18, 2025 at 2:43 AM
A story I found about Haiti:
In 1999, a group of Haitians were tired of political disorder and dreamed of a better life in the United States. So they built a small, 23-foot boat by hand using pine trees, scrap wood, and used nails. They called the boat "Believe in God."
In 1999, a group of Haitians were tired of political disorder and dreamed of a better life in the United States. So they built a small, 23-foot boat by hand using pine trees, scrap wood, and used nails. They called the boat "Believe in God."
Reposted by Joanna Schwartz
What a horrifying weekend of news. Too much.
December 15, 2025 at 3:30 AM
What a horrifying weekend of news. Too much.
Reposted by Joanna Schwartz
Riot commissions are a common response to highly publicized killings committed by police. They often act as “a mechanism of evasion,” says one historian, but they also allow ordinary community members to participate in the political process in a unique way.
A Police Killing Drew National Protests. At Home, a Commission Struggles with How to Make a Difference.
More than a year after Sonya Massey was killed by police in Illinois, a namesake commission has wrestled over changes that would prevent future tragedies.
boltsmag.org
December 13, 2025 at 6:30 PM
Riot commissions are a common response to highly publicized killings committed by police. They often act as “a mechanism of evasion,” says one historian, but they also allow ordinary community members to participate in the political process in a unique way.
Reposted by Joanna Schwartz
My position on taking action. And on the important space between everything and nothing.
December 13, 2025 at 4:54 PM
My position on taking action. And on the important space between everything and nothing.
Reposted by Joanna Schwartz
We’re honoured to announce a major new project supported by @wellcometrust.bsky.social.
UNLEARNING ‘EXCITED DELIRIUM’ brings together a world-class team to confront an urgent health, human rights, racial & social justice issue. Meet our partners below…
unlearnexd.org
UNLEARNING ‘EXCITED DELIRIUM’ brings together a world-class team to confront an urgent health, human rights, racial & social justice issue. Meet our partners below…
unlearnexd.org
Unlearning ‘Excited Delirium’
A major new research project at the intersection of race, policing, and mental health.
unlearnexd.org
December 12, 2025 at 3:35 PM
We’re honoured to announce a major new project supported by @wellcometrust.bsky.social.
UNLEARNING ‘EXCITED DELIRIUM’ brings together a world-class team to confront an urgent health, human rights, racial & social justice issue. Meet our partners below…
unlearnexd.org
UNLEARNING ‘EXCITED DELIRIUM’ brings together a world-class team to confront an urgent health, human rights, racial & social justice issue. Meet our partners below…
unlearnexd.org
Reposted by Joanna Schwartz
1/ A few thoughts about @williambaude.bsky.social’s comment in yesterday’s NYT chat that, “It’s amazing how many of our problems today could be solved by a Congress that was willing and able to legislate in response to national problems.” www.nytimes.com/2025/12/09/o...
Opinion | At the Supreme Court, Scenes From a Judicial Backlash
www.nytimes.com
December 10, 2025 at 9:44 AM
1/ A few thoughts about @williambaude.bsky.social’s comment in yesterday’s NYT chat that, “It’s amazing how many of our problems today could be solved by a Congress that was willing and able to legislate in response to national problems.” www.nytimes.com/2025/12/09/o...
Reposted by Joanna Schwartz
This is the way.
Gov. Pritzker signed a bill Tuesday that makes it easier for Illinois residents to sue federal immigration agents for up to $10,000 if they believe their rights have been violated, and also restricts those agents from enforcement outside courthouses.
newrepublic.com/post/204204/...
Gov. Pritzker signed a bill Tuesday that makes it easier for Illinois residents to sue federal immigration agents for up to $10,000 if they believe their rights have been violated, and also restricts those agents from enforcement outside courthouses.
newrepublic.com/post/204204/...
Governor Pritzker Makes It Easier for People to Sue ICE
The Illinois governor has signed a major bill to rein in ICE agents.
newrepublic.com
December 10, 2025 at 12:40 AM
This is the way.
Gov. Pritzker signed a bill Tuesday that makes it easier for Illinois residents to sue federal immigration agents for up to $10,000 if they believe their rights have been violated, and also restricts those agents from enforcement outside courthouses.
newrepublic.com/post/204204/...
Gov. Pritzker signed a bill Tuesday that makes it easier for Illinois residents to sue federal immigration agents for up to $10,000 if they believe their rights have been violated, and also restricts those agents from enforcement outside courthouses.
newrepublic.com/post/204204/...
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
Gov. Pritzker Signs Bill to Protect Immigrants from Unjust Federal Actions
HB 1312 enacts protections for immigrants as the Trump Administration terrorizes Illinois communities
gov-pritzker-newsroom.prezly.com
December 9, 2025 at 7:41 PM
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
Reposted by Joanna Schwartz
Max Huntsman, the inspector general tasked with holding the LA Sheriff’s Department to account, is retiring… and going out with a bang in this letter 🔥
December 9, 2025 at 6:43 AM
Max Huntsman, the inspector general tasked with holding the LA Sheriff’s Department to account, is retiring… and going out with a bang in this letter 🔥
Reposted by Joanna Schwartz
David Myers has an important answer to colleagues who argued that it was shameful for UCLA to host a talk by a Palestinian-American human rights lawyer and law professor discussing whether Zionism is racist: Academic freedom means raising these questions, not silencing them. Link in comments.
December 6, 2025 at 4:21 PM
David Myers has an important answer to colleagues who argued that it was shameful for UCLA to host a talk by a Palestinian-American human rights lawyer and law professor discussing whether Zionism is racist: Academic freedom means raising these questions, not silencing them. Link in comments.
Reposted by Joanna Schwartz
Fuck Kavanaugh stops all my homies hate Kavanaugh stops
(for purposes of this post I'm including a federal district judge who just rightly concluded that the Supreme Court's racial profiling order is *not* controlling precedent under the umbrella of 'my homies')
ballsandstrikes.org/scotus/beryl...
(for purposes of this post I'm including a federal district judge who just rightly concluded that the Supreme Court's racial profiling order is *not* controlling precedent under the umbrella of 'my homies')
ballsandstrikes.org/scotus/beryl...
Federal Judge Has No Interest In Taking Brett Kavanaugh’s Racial Profiling Opinion Seriously
The Trump administration cited Kavanaugh’s infamous concurrence to justify its immigration arrests. Judge Beryl Howell was having none of it.
ballsandstrikes.org
December 4, 2025 at 9:32 PM
Fuck Kavanaugh stops all my homies hate Kavanaugh stops
(for purposes of this post I'm including a federal district judge who just rightly concluded that the Supreme Court's racial profiling order is *not* controlling precedent under the umbrella of 'my homies')
ballsandstrikes.org/scotus/beryl...
(for purposes of this post I'm including a federal district judge who just rightly concluded that the Supreme Court's racial profiling order is *not* controlling precedent under the umbrella of 'my homies')
ballsandstrikes.org/scotus/beryl...
Reposted by Joanna Schwartz
This opinion from E.D. Mich. on Rule 11 and generative A.I. is an absolute *banger*. law.justia.com/cases/federa...
The court specifically explains why the problem of A.I. is not limited to "hallucinating" case citations. Even plausible legal "analysis" *from an A.I.* is trouble!
#LegalWriting
1/
The court specifically explains why the problem of A.I. is not limited to "hallucinating" case citations. Even plausible legal "analysis" *from an A.I.* is trouble!
#LegalWriting
1/
Jarrus et al v. Governor of Michigan et al, No. 4:2025cv11168 - Document 176 (E.D. Mich. 2025)
Jarrus et al v. Governor of Michigan et al, No. 4:2025cv11168 - Document 176 (E.D. Mich. 2025) case opinion from the Eastern District of Michigan U.S. Federal District Court
law.justia.com
December 3, 2025 at 10:20 PM
This opinion from E.D. Mich. on Rule 11 and generative A.I. is an absolute *banger*. law.justia.com/cases/federa...
The court specifically explains why the problem of A.I. is not limited to "hallucinating" case citations. Even plausible legal "analysis" *from an A.I.* is trouble!
#LegalWriting
1/
The court specifically explains why the problem of A.I. is not limited to "hallucinating" case citations. Even plausible legal "analysis" *from an A.I.* is trouble!
#LegalWriting
1/
Reposted by Joanna Schwartz
Across the country, police departments have adopted AI-driven platforms to assist with data collection and analysis. But without robust safeguards, these data fusion tools risk generating inaccurate results, perpetuating bias, and undermining individual rights. bit.ly/44nxPlx
The Dangers of Unregulated AI in Policing
New data fusion tools risk embedding biases and chilling free speech.
www.brennancenter.org
November 28, 2025 at 5:18 PM
Across the country, police departments have adopted AI-driven platforms to assist with data collection and analysis. But without robust safeguards, these data fusion tools risk generating inaccurate results, perpetuating bias, and undermining individual rights. bit.ly/44nxPlx
Excellent advice 👇🏻👇🏻👇🏻
Especially for the 1Ls out there, preparing for their 1st set of law school exams, I wrote this post back in 2007 about how to get a good grade on a law school issue spotter. The post, "Bad Answers, Good Answers, and Terrific Answers," is available here:
volokh.com/posts/116838...
volokh.com/posts/116838...
November 22, 2025 at 7:39 PM
Excellent advice 👇🏻👇🏻👇🏻
I just watched The Alabama Solution, and it is stunning. www.themarshallproject.org/2025/10/10/a...
‘The Alabama Solution’: A Humanitarian Crisis in Grainy Detail
Here are five takeaways from the documentary exposing abuse and neglect that is all too common in U.S. prisons.
www.themarshallproject.org
November 20, 2025 at 5:28 AM
I just watched The Alabama Solution, and it is stunning. www.themarshallproject.org/2025/10/10/a...