Michael Smith
@msmith750.bsky.social
Associate professor of law at University of Oklahoma College of Law. Researching constitutional law, criminal law, and legal oddities.
https://law.ou.edu/node/716
https://law.ou.edu/node/716
Reposted by Michael Smith
NEW: Creating a circuit split, a 9th Cir panel decrees that CA's ban on openly carrying firearms violates the Second Amendment.
The 2-1 panel decision is written by Trump-appointee Judge VanDyke, possibly the most extreme federal circuit judge in 2A cases.
fingfx.thomsonreuters.com/gfx/legaldoc...
The 2-1 panel decision is written by Trump-appointee Judge VanDyke, possibly the most extreme federal circuit judge in 2A cases.
fingfx.thomsonreuters.com/gfx/legaldoc...
January 2, 2026 at 11:34 PM
NEW: Creating a circuit split, a 9th Cir panel decrees that CA's ban on openly carrying firearms violates the Second Amendment.
The 2-1 panel decision is written by Trump-appointee Judge VanDyke, possibly the most extreme federal circuit judge in 2A cases.
fingfx.thomsonreuters.com/gfx/legaldoc...
The 2-1 panel decision is written by Trump-appointee Judge VanDyke, possibly the most extreme federal circuit judge in 2A cases.
fingfx.thomsonreuters.com/gfx/legaldoc...
Nothing I love more than downloading a New Mobile App for a conference.
January 2, 2026 at 7:33 PM
Nothing I love more than downloading a New Mobile App for a conference.
?
Florida Law Review is now open and accepting submissions on Scholastica!
Submit your article here: https://www.floridalawreview.com/for-authors #LRSubmissions
Submit your article here: https://www.floridalawreview.com/for-authors #LRSubmissions
January 2, 2026 at 12:23 AM
?
Reposted by Michael Smith
just one more thing… happy new year!
January 1, 2026 at 4:41 PM
just one more thing… happy new year!
FINALLY @scholasticahq.bsky.social gives a year-end wrap up that lists the most popular article keywords according to frequency! blog.scholasticahq.com/post/trendin...
Trending topics in legal scholarship: 2025 lookback
Are you curious which topics were trending in law reviews in 2025? Here's a look at the top 25 keywords added to articles accepted via Scholastica this past year.
blog.scholasticahq.com
December 31, 2025 at 9:14 PM
FINALLY @scholasticahq.bsky.social gives a year-end wrap up that lists the most popular article keywords according to frequency! blog.scholasticahq.com/post/trendin...
Reposted by Michael Smith
Lexis and Westlaw, sites I use every day, the first time that I try to use them each day:
October 7, 2025 at 11:53 AM
Lexis and Westlaw, sites I use every day, the first time that I try to use them each day:
Reposted by Michael Smith
I would greatly appreciate help with coming up with a title for an article I wrote!!
Quick summary: I conducted a full historical survey of state constitutions’ search and seizure provisions, graphed the changes over time, surveyed the caselaw, answered determined that the text matters very little.
Quick summary: I conducted a full historical survey of state constitutions’ search and seizure provisions, graphed the changes over time, surveyed the caselaw, answered determined that the text matters very little.
December 31, 2025 at 5:49 PM
I would greatly appreciate help with coming up with a title for an article I wrote!!
Quick summary: I conducted a full historical survey of state constitutions’ search and seizure provisions, graphed the changes over time, surveyed the caselaw, answered determined that the text matters very little.
Quick summary: I conducted a full historical survey of state constitutions’ search and seizure provisions, graphed the changes over time, surveyed the caselaw, answered determined that the text matters very little.
Book Review of 750 F. 2d
No abstract available for this article.
www.tandfonline.com
December 31, 2025 at 5:20 PM
Reposted by Michael Smith
I always tell students if you ask a good question the article will write itself
December 30, 2025 at 4:12 AM
I always tell students if you ask a good question the article will write itself
Reposted by Michael Smith
Williams on the Decline of Small Claims Courts
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the…
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the…
Williams on the Decline of Small Claims Courts
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the abstract: This essay addresses the precipitous decline of small claims courts in the United States and argues that their erosion is more than administrative; it is a democratic and constitutional crisis.
legaltheoryblog.com
December 30, 2025 at 8:25 PM
Williams on the Decline of Small Claims Courts
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the…
Telia Mary U. Williams (South Texas College of Law Houston) has posted The Court of Small Things, The Curse of Legal Superstition: The Precipitous Decline of Small Claims Court, Why it Matters, and What can be Done about it on SSRN. Hereis the…
Reposted by Michael Smith
Annnnd hitting for Margolis is her co-author, here to say, @elliemargolis.bsky.social and I wrote an article about this very exact precise thing! And you can have it FOR FREE! papers.ssrn.com/sol3/papers....
What Law Schools Teach When They Don’t Teach About State Constitutions
State constitutional law has always been an essential component of federalism and a key to understanding the fabric of American law. It is even more important t
papers.ssrn.com
December 29, 2025 at 4:03 AM
Annnnd hitting for Margolis is her co-author, here to say, @elliemargolis.bsky.social and I wrote an article about this very exact precise thing! And you can have it FOR FREE! papers.ssrn.com/sol3/papers....
Reposted by Michael Smith
my new theory is that once you have a certain amount of money and wealth you start to go crazy and detach from reality. that number is different for everyone. for me it's $20
April 2, 2025 at 4:38 PM
my new theory is that once you have a certain amount of money and wealth you start to go crazy and detach from reality. that number is different for everyone. for me it's $20
Stacked up the books I read in 2025! A decent year!
December 30, 2025 at 6:00 PM
Stacked up the books I read in 2025! A decent year!
Reposted by Michael Smith
I regret to inform you there’s a new post telling us we’re rubes who’ve missed the obvious & clear meaning of the Const’n for a century.
This is the type of post you make when your goal is to juice engagement from those who want nothing more than to be told their policy goals are const’l commands.
This is the type of post you make when your goal is to juice engagement from those who want nothing more than to be told their policy goals are const’l commands.
December 30, 2025 at 3:26 AM
I regret to inform you there’s a new post telling us we’re rubes who’ve missed the obvious & clear meaning of the Const’n for a century.
This is the type of post you make when your goal is to juice engagement from those who want nothing more than to be told their policy goals are const’l commands.
This is the type of post you make when your goal is to juice engagement from those who want nothing more than to be told their policy goals are const’l commands.
Finally got around to this. Other notable points include Christopher Lloyd with a surprising amount of screen time dismissing the idea that the main character time traveled, and Shatner stroking his fake beard in literally every one of his scenes.
December 30, 2025 at 3:39 AM
Finally got around to this. Other notable points include Christopher Lloyd with a surprising amount of screen time dismissing the idea that the main character time traveled, and Shatner stroking his fake beard in literally every one of his scenes.
Reposted by Michael Smith
Saw Mike Lee’s execrable proposal a few days ago—it’s bad.
Sadly in line w/ the increasing momentum to expand private actors’ privilege to use violence. Darrell Miller & I wrote about this regrettable right-wing movement that we called “the new outlawry”
www.columbialawreview.org/content/the-...
Sadly in line w/ the increasing momentum to expand private actors’ privilege to use violence. Darrell Miller & I wrote about this regrettable right-wing movement that we called “the new outlawry”
www.columbialawreview.org/content/the-...
December 29, 2025 at 6:48 PM
Saw Mike Lee’s execrable proposal a few days ago—it’s bad.
Sadly in line w/ the increasing momentum to expand private actors’ privilege to use violence. Darrell Miller & I wrote about this regrettable right-wing movement that we called “the new outlawry”
www.columbialawreview.org/content/the-...
Sadly in line w/ the increasing momentum to expand private actors’ privilege to use violence. Darrell Miller & I wrote about this regrettable right-wing movement that we called “the new outlawry”
www.columbialawreview.org/content/the-...
Reposted by Michael Smith
Even if you want to use automated (instead of human) analysis for determining authorship, using an LLM is absolutely not the way to do it. LLMs are language predictors that give you the impression that they are doing fancy analysis on the backend, but they don't actually do it. 1/
I regret to report that this is where we are with the anti-birthright-citizenship stuff papers.ssrn.com/sol3/papers....
December 28, 2025 at 10:34 PM
Even if you want to use automated (instead of human) analysis for determining authorship, using an LLM is absolutely not the way to do it. LLMs are language predictors that give you the impression that they are doing fancy analysis on the backend, but they don't actually do it. 1/
Reposted by Michael Smith
I regret to report that this is where we are with the anti-birthright-citizenship stuff papers.ssrn.com/sol3/papers....
December 28, 2025 at 3:40 PM
I regret to report that this is where we are with the anti-birthright-citizenship stuff papers.ssrn.com/sol3/papers....
Reposted by Michael Smith
counterpoint: this is stupid and understanding the constitution shouldn’t require an understanding of Roman law
I had missed this latest delirium by Adrian Vermeule on birthright citizenship
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
December 26, 2025 at 8:33 PM
counterpoint: this is stupid and understanding the constitution shouldn’t require an understanding of Roman law
Reposted by Michael Smith
僕は毎日パーティーしたい。がんぼるぞい。
translation:
I want to party every day.
translation:
I want to party every day.
December 27, 2025 at 12:05 AM
僕は毎日パーティーしたい。がんぼるぞい。
translation:
I want to party every day.
translation:
I want to party every day.
Holiday State Constitutional Law reading with research assistant
December 27, 2025 at 1:49 AM
Holiday State Constitutional Law reading with research assistant
Reposted by Michael Smith
I had missed this latest delirium by Adrian Vermeule on birthright citizenship
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
December 26, 2025 at 6:05 PM
I had missed this latest delirium by Adrian Vermeule on birthright citizenship
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
'Common law?! NAH, it's the Roman law of adoption that should govern the interpretation of the 14th Amendment of the US Constitution!'
thenewdigest.substack.com/p/immigratio...
Reposted by Michael Smith
Dane on Christmas
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…
Dane on Christmas
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is built on three propositions: First, Christmas is in a sense two holidays: a Christian celebration of the birth of Jesus, and a secular winter holiday.
legaltheoryblog.com
December 25, 2025 at 6:00 PM
Dane on Christmas
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…
Perry Dane (Rutgers School of Law - Camden) has posted Christmas on SSRN. Here is the abstract: This paper, which is still in a very early form, looks again at the recurring problem of Christmas and the Constitution. Conventional Establishment Clause analysis of Christmas is…