Sharon Brett
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sharonbrett.bsky.social
Sharon Brett
@sharonbrett.bsky.social
Associate Professor, University of Kansas School of Law
Bio: https://law.ku.edu/people/sharon-brett
🌻🌻🌻
Lawrence friends: I’ll have some of my work for sale at the Souper Bowl this weekend! Come buy one of my bowls and support the arts center and arts education!
February 4, 2026 at 1:02 AM
Now out there in submissions land. Thx to the many people who provided comments on earlier drafts, incl. @rachelmoran82.bsky.social @msmith750.bsky.social @evidenceprof.bsky.social @greerdonley.bsky.social Aliza Hochman Bloom and participants in various workshops. Email if you want a copy!
February 2, 2026 at 4:01 PM
Reposted by Sharon Brett
THREAD: Important decision from the 10th Cir today in the Kansas Highway Patrol case. (disclosure: I handled the trials in this case).

TL/DR: good opinion on standing, bad opinion on scope of injunctive relief avail to victims of police misconduct. (1/x) www.ca10.uscourts.gov/sites/ca10/f...
January 29, 2026 at 9:02 PM
THREAD: Important decision from the 10th Cir today in the Kansas Highway Patrol case. (disclosure: I handled the trials in this case).

TL/DR: good opinion on standing, bad opinion on scope of injunctive relief avail to victims of police misconduct. (1/x) www.ca10.uscourts.gov/sites/ca10/f...
January 29, 2026 at 9:02 PM
As someone who studies police misconduct and has investigated many police departments for misconduct that falls WAY short of what we’ve seen from CBP/ICE this year, this THIS is the “demand” for THIS moment? ….. I’m without words.
SCHUMER says Democrats are “united” behind three DHS reforms

1/ End roving patrols; tighten the rules on warrants and require ICE to coordinate with local authorities.

2/ Enforce accountability; a uniform code of conduct.

3/ Require masks off, body cameras on, agents carry ID.
January 28, 2026 at 9:11 PM
THIS. I did a lot of media in my last job, and felt the same way then too. We need to normalize saying "I don't have sufficient expertise on that." We don't need to be uninformed mouthpieces on all issues at all times - pretending to be an expert for media exposure just undermines us all.
I love talking to the press. It's one of my favorite parts of my job, which I tell journalists when I talk to them. I think that part of my obligation is to help people make sense of things.

HOWEVER! The list of topics on which I am willing to speak is narrow. I'm not a dial-an-expert for my side.
I always worry about where academics draw the line on their expertise. I avoid going on the news to speak on things that are on the edge of my expetise, though occasionally you can get blind sided. This is why if it isnt in my writings or in my syllabus, I avoid commenting with my professor hat.
January 25, 2026 at 9:16 PM
me, trying to finish edits to a forthcoming piece about the impact of velasquez perdomo/kav's feelings about standing as its playing out now in lower courts: *type type type*
federal courts: *emergency rulings nearly every week that upend what i wrote*
me: *slams head on laptop*
January 21, 2026 at 8:26 PM
first day of the semester tomorrow. i will never, ever, take for granted what a gift it is to be in academia, and to have a month+ to recharge b/w semesters. the last 4 years i was in practice, i had a trial or major hearing every jan/feb and winter break w/ small kids while working was THE WORST.
January 19, 2026 at 3:16 PM
👀
JUST IN: New ACLU class action lawsuit in Minnesota seeks to bar ICE from stopping Latino and Somali residents without probable cause. storage.courtlistener.com/recap/gov.us...
January 16, 2026 at 1:22 AM
I just learned that Bob Fiske passed away last month. Bob's fellowship program at @umichlaw.bsky.social allowed me to enter gov't service right out of law school without the burden of my student loans.
Robert B. Fiske Jr., First to Lead Whitewater Investigation, Dies at 94
www.nytimes.com
January 15, 2026 at 2:40 PM
True, of course. But a lot more doctrinal changes are necessary for liability to actually be imposed. (Which I know @stevevladeck.bsky.social knows— the civil legal system and 1983 in particular are just such grossly insufficient instruments for this moment).
It would take a two-word amendment to 42 U.S.C. § 1983 to subject ICE agents and other federal law enforcement officers to the same liability for constitutional violations that local and state officers currently face.

If Congress actually cared about what it's seeing, it could pass that overnight.
January 12, 2026 at 11:11 PM
My most recent paper (coming to SSRN in a few weeks) discusses these alleged "gang designations" in detail, & that they are primarily a feature of state/local police departments, which the feds then use in cases like this. These labels are often based on flimsy evidence, but are hard to challenge.
January 12, 2026 at 3:25 PM
I’ve been thinking about this too. And when your agency/the administration applauds the *lack* of deescaltion in these situations, why would you use that training, even if it *was* sufficient?
There is no such thing as “enough” de-escalation training.

I have observed de-escalation training across the country at federal/state/local levels: it is written by cops, taught by cops, & given to cops that are never held accountable for the training or policies that undergird it.

It is a myth.
They do get training in de-escalation, but it’s clearly not enough training. And as for the initial arrest, there has been a lot of reporting that DHS is arresting people on claims of “interference” with federal operations, a vague crime they are trying to stretch, so probably would have been that.
January 8, 2026 at 2:48 PM
off to #aals2026, get yer butts up early tomorrow to hear me yell about gerrymandering and state constitutional litigation!

or, just message me if you want to meet up/say hi. :)
January 6, 2026 at 6:42 PM
There is a *lot* going on at the moment, especially in the world of fed courts. But the priority deadline for submitting for the Fed Courts Junior Scholars Workshop is coming up - get those abstracts in! Details here: law.ku.edu/junior-facul...

Please share widely with your networks!
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
January 4, 2026 at 5:08 PM
Going on 8+ hours of delays at the airport, ask me anything
January 2, 2026 at 12:43 AM
My article on Article III standing in police misconduct cases seeking injunctions (and the difficulty of proving it due to poor police record keeping practices) is now out in the BYU Law Review. In case you’re bored over the holidays :) digitalcommons.law.byu.edu/cgi/viewcont...
digitalcommons.law.byu.edu
December 23, 2025 at 11:21 PM
Reposted by Sharon Brett
Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
December 1, 2025 at 9:47 PM
My mom was diagnosed earlier this year. The first time they give the test it’s to establish a baseline; every time thereafter they’re trying to see how quickly the disease is progressing.
My dad died from complications due to Alzheimer’s.

I remember the first time they gave him this test. It was BECAUSE it was already quite clear something was very wrong, even if we didn’t yet have a diagnosis, and even if he did okay the first time.

This isn’t some routine prophylactic exam.
Omg. “”The first question is like, ‘What is this?’ And they show a lion, a giraffe, a fish, and a hippopotamus. And they say, ‘Which is the giraffe?’” he recalled.”
December 21, 2025 at 1:43 AM
As a teacher of first semester law students I find this…… questionable.
In a first, many top law firms this year are recruiting summer associates during students' first semester. Some are dangling ‘jumbo offers’ and ‘loyalty’ bonuses for students who do two summer stints back-to-back, keeping them out of other firms' reach reut.rs/44U44cD
December 18, 2025 at 9:46 PM
Reposted by Sharon Brett
Preorder today. “Your Data Will Be Used Against You: Policing in the Age of Self-Surveillance.” #books
December 11, 2025 at 4:36 PM
Reposted by Sharon Brett
Jesse Minter, get ready for some very, very weird emails
December 10, 2025 at 10:45 PM
This is a very niche skeet and breaks my mold of only work related content On Here but can dusty may coach football too or what
December 10, 2025 at 10:30 PM
Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!

Will work on distributing this to various listservs and blogs, but please share if you are able.
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
December 1, 2025 at 9:47 PM
Civ pro year✌🏼in the books. Another great small section of students. Still think this has to be one of the best jobs there is.
November 25, 2025 at 1:01 AM