Luke Smith Morgan
@slukemorgan.bsky.social
law professor. dad. democracy & solar power. hoops.
my opinions are solely my own & not attributable to anyone else. or even to me. thoughts arise of their own volition.
ssrn: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=6381985
my opinions are solely my own & not attributable to anyone else. or even to me. thoughts arise of their own volition.
ssrn: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=6381985
Pinned
I can’t say it enough: U.S. culture is scam culture. It pervades everything we do. We don’t notice it because it’s the water we swim in. A party would do well to remind everybody how awful this is and propose to fix it.
I think Democrats should offer voters a broadly defined anti-fraud platform. Yes, obviously, start with Trump’s influence peddling, but don’t stop there. Online fraud is massive, almost every phone call you get is a scam, and the solution has to be federal or it just won’t work.
increasingly toying with the idea that this is the root of all "rule of law" issues. A democratic theory of the rule of law should begin with the idea that the rule of law emerges from the average citizen's lived experience. And that experience today is being ruthlessly ripped off at all times.
Reposted by Luke Smith Morgan
If I taught Con Law, this would be the first week of class:
January 6, 2026 at 12:20 AM
If I taught Con Law, this would be the first week of class:
Reposted by Luke Smith Morgan
If the DEA had killed 80 innocent Americans in the course of apprehending one drug dealer, there would be riots. But we are so ghoulishly indifferent to the lives and humanity of people abroad that it's barely even part of the conversation.
A reminder that the US killed 80 people in Venezuela, and it would be nice if the US media cared enough to think that the life of a grandmother in Caracas whose building is destroyed by a US bomb matters as much as the life of a person in the US.
January 5, 2026 at 8:57 PM
If the DEA had killed 80 innocent Americans in the course of apprehending one drug dealer, there would be riots. But we are so ghoulishly indifferent to the lives and humanity of people abroad that it's barely even part of the conversation.
Reposted by Luke Smith Morgan
"The study found that the Supreme Court has become deeply polarized in cases pitting the rich against the poor, with Republican appointees far more likely than Democratic ones to side with the wealthy."
Supreme Court Increasingly Favors the Rich, Economists Say
www.nytimes.com
January 5, 2026 at 12:19 PM
"The study found that the Supreme Court has become deeply polarized in cases pitting the rich against the poor, with Republican appointees far more likely than Democratic ones to side with the wealthy."
Reposted by Luke Smith Morgan
amazing how the entire machine can pivot within 24 hours. no need to slowly upsell the argument; just issue new marching orders
January 5, 2026 at 6:50 AM
amazing how the entire machine can pivot within 24 hours. no need to slowly upsell the argument; just issue new marching orders
Reposted by Luke Smith Morgan
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January 5, 2026 at 4:32 AM
aodszifhdosaiufghosihgsadofp[;ighdsfghdsfghdfs
just read truly the most unhinged and remarkable introduction to a published law review article I have ever seen
January 4, 2026 at 6:58 PM
just read truly the most unhinged and remarkable introduction to a published law review article I have ever seen
am literally writing about this right now, but the first thing to know is: we've done this before.
When the insurance industry first developed in the late 1700s, it was used for exactly this kind of gambling. People would buy policies "insuring against" the outcome of particular battles.
When the insurance industry first developed in the late 1700s, it was used for exactly this kind of gambling. People would buy policies "insuring against" the outcome of particular battles.
Polymarket really has become the ultimate place to engage in insider trading on privileged information.
I'm not sure we're prepared for what happens when any outcome -- including violent ones -- can be wagered on.
I'm not sure we're prepared for what happens when any outcome -- including violent ones -- can be wagered on.
"A newly created account appeared to invest $30,000 Friday in Maduro's exit. After Maduro went into custody Saturday morning, that same investor netted $436,759."
www.axios.com/2026/01/03/m...
www.axios.com/2026/01/03/m...
January 4, 2026 at 2:57 PM
am literally writing about this right now, but the first thing to know is: we've done this before.
When the insurance industry first developed in the late 1700s, it was used for exactly this kind of gambling. People would buy policies "insuring against" the outcome of particular battles.
When the insurance industry first developed in the late 1700s, it was used for exactly this kind of gambling. People would buy policies "insuring against" the outcome of particular battles.
Reposted by Luke Smith Morgan
We do know actually. You order a violent act by betting someone that it won't happen. They cash in by making it happen.
Take a contract out.
Take a contract out.
Polymarket really has become the ultimate place to engage in insider trading on privileged information.
I'm not sure we're prepared for what happens when any outcome -- including violent ones -- can be wagered on.
I'm not sure we're prepared for what happens when any outcome -- including violent ones -- can be wagered on.
"A newly created account appeared to invest $30,000 Friday in Maduro's exit. After Maduro went into custody Saturday morning, that same investor netted $436,759."
www.axios.com/2026/01/03/m...
www.axios.com/2026/01/03/m...
January 4, 2026 at 2:31 PM
We do know actually. You order a violent act by betting someone that it won't happen. They cash in by making it happen.
Take a contract out.
Take a contract out.
Reposted by Luke Smith Morgan
To be sure, individual journalists at these firms sometimes act courageously. And it isn't inevitable that media behave so meekly. But historically (e.g. Iraq War), it's most often the case (see also: recent WaPo/NYT editorials). Under capitalism, our media too often serve as stenographers to power.
Our major media orgs--even during the best of times when they're merely profit-driven outlets and not ideological mouthpieces and playthings of right-wing oligarchs--primarily serve the role of status quo managers. They rationalize & normalize elite actions & interests. They rarely defend democracy.
absolutely bizarre to see a violent, rogue american regime, which is threatening military attacks on a bunch of major trading partners and close allies, and openly fantasizing about hitler-style wars of territorial conquest, covered in the tone of horse-race political commentary
January 4, 2026 at 2:34 PM
To be sure, individual journalists at these firms sometimes act courageously. And it isn't inevitable that media behave so meekly. But historically (e.g. Iraq War), it's most often the case (see also: recent WaPo/NYT editorials). Under capitalism, our media too often serve as stenographers to power.
Reposted by Luke Smith Morgan
Jack writes--correctly--that the military abduction and extraction of Maduro "pretty clearly isn’t" legal. It plainly violates Article 2(4) of the UN Charter, which is the supreme law of the United States (per Art. VI of the Constitution) and, as I've explained elsewhere, ... [1]
January 4, 2026 at 12:02 AM
Jack writes--correctly--that the military abduction and extraction of Maduro "pretty clearly isn’t" legal. It plainly violates Article 2(4) of the UN Charter, which is the supreme law of the United States (per Art. VI of the Constitution) and, as I've explained elsewhere, ... [1]
one neat trick constitutionalism
Sen Mike Lee with the first account I’ve seen of the Admin’s legal theory for the strikes. On the domestic law side — something like: Art II law enforcement power to capture Maduro (by invading his own country) combined with Art II power to protect those personnel executing the warrant.
January 3, 2026 at 8:40 PM
one neat trick constitutionalism
Little known fact: article II actually also includes an inherent power to execute the laws of Venezuela.
January 3, 2026 at 6:29 PM
Little known fact: article II actually also includes an inherent power to execute the laws of Venezuela.
Reposted by Luke Smith Morgan
I’m sure to Trump this looks like strength but to everyone else calculating their security options this morning it's more confirmation that US power is capricious and the only insurance policy is a nuclear one
January 3, 2026 at 1:14 PM
I’m sure to Trump this looks like strength but to everyone else calculating their security options this morning it's more confirmation that US power is capricious and the only insurance policy is a nuclear one
... in what world does the US have jurisdiction to charge him with possession of machine guns
US AG Bondi general says Maduro and his wife have been indicted
January 3, 2026 at 1:40 PM
... in what world does the US have jurisdiction to charge him with possession of machine guns
Reposted by Luke Smith Morgan
This person went on a buying spree over the past 24 hours. Fresh wallet. Only existed since Dec 27th and has only bet on Venezuela-related markets.
polymarket.com/@0x31a56e9E6...
polymarket.com/@0x31a56e9E6...
January 3, 2026 at 7:49 AM
This person went on a buying spree over the past 24 hours. Fresh wallet. Only existed since Dec 27th and has only bet on Venezuela-related markets.
polymarket.com/@0x31a56e9E6...
polymarket.com/@0x31a56e9E6...
Reposted by Luke Smith Morgan
not making a broad empirical claim because I don't know the case law *that* well but off the top of my head it feels like in CA9 you either get the gun jurisprudence of Tatooine or of Western Europe depending entirely on the panel, and I'm a little confused how the precedent all fits together
Curious this initial story that I got a push notification for does not even name the judges in the majority, let alone the party of the appointing pres (Bush/Trump, in case you needed that).
Appeals Court Blocks California’s Background Checks for Ammunition Buyers www.nytimes.com/2025/07/24/u...
Appeals Court Blocks California’s Background Checks for Ammunition Buyers www.nytimes.com/2025/07/24/u...
Appeals Court Blocks California’s Background Checks for Ammunition Buyers
www.nytimes.com
July 24, 2025 at 8:22 PM
not making a broad empirical claim because I don't know the case law *that* well but off the top of my head it feels like in CA9 you either get the gun jurisprudence of Tatooine or of Western Europe depending entirely on the panel, and I'm a little confused how the precedent all fits together
Another victory for me
January 3, 2026 at 1:02 AM
Another victory for me
The Pediatricians have just reported that I am in 'PERFECT HEALTH,' and that I 'ACED' (meaning, was correct on 100% of the questions asked!), for the third straight time, my Paper Tearing Evaluation, something which no other Toddler or Infant, was willing to take
January 3, 2026 at 12:09 AM
The Pediatricians have just reported that I am in 'PERFECT HEALTH,' and that I 'ACED' (meaning, was correct on 100% of the questions asked!), for the third straight time, my Paper Tearing Evaluation, something which no other Toddler or Infant, was willing to take
Hard to believe that kamala's childcare policy in the form of a math problem didn't burn itself into our collective memories
Here is the thing! This is what Harris promised in 2024! That was her campaign message. Everyone has completely memory-holed the 2024 campaign. www.cnn.com/2024/09/18/p...
January 2, 2026 at 11:20 PM
Hard to believe that kamala's childcare policy in the form of a math problem didn't burn itself into our collective memories
Reposted by Luke Smith Morgan
If it’s December 31st, that means it’s time for the Albies! danieldrezner.substack.com/p/the-best-w...
The Best Work on Political Economy in 2025
Presenting the 17th annual Albies!
danieldrezner.substack.com
December 31, 2025 at 12:30 PM
If it’s December 31st, that means it’s time for the Albies! danieldrezner.substack.com/p/the-best-w...
Reposted by Luke Smith Morgan
Reposted by Luke Smith Morgan
I have heard several different species of incredibly illegal guns being fired in the beautiful city of Durham tonight
January 1, 2026 at 5:18 AM
I have heard several different species of incredibly illegal guns being fired in the beautiful city of Durham tonight