Jeffrey Vagle

Law professor | Privacy, cybersecurity, technology ethics | Veteran

 https://tractatus.org

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npub1aym4r35hfa85e4x6ut7x77cqzhewa8s3c423jgj6ffa7nakq7fas8az6q2

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jvagle_at_mastodon.lawprofs.org@mostr.pub

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nprofile1qqswjd63c6t57n6v6ndw9lr00vqptuhwncgu24geyfdy57lf7mq0y7c7vzxta

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npub1aym4r35hfa85e4x6ut7x77cqzhewa8s3c423jgj6ffa7nakq7fas8az6q2

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Last Notes

2024-07-12 14:14:45

Excellent @npub1tpa…xh3y comic today
https://tomthedancingbug.substack.com/p/all-must-honor-trump
https://files.mastodon.lawprofs.org/media_attachments/files/112/773/933/697/844/440/original/625ba9f3efe0432d.png

2024-07-06 18:21:30

The new season of Scene on Radio from @npub15m0…4ncd is excellent, as per usual. Well worth your time.
https://sceneonradio.org/capitalism/

2024-07-02 18:44:42

A important procedural aspect of Trump v US emerges from differentiating "official acts" from "unofficial acts," which is an adjudicable question and is also subject to interlocutory appeal. This means that, in cases like the Trump litigation, the proceedings will be incredibly, tediously slow.

2024-07-01 22:21:54

Interestingly, Roberts fully acknowledges bad faith abuses of office on the part of hypothetical future presidents, while at the same time seems to ignore the past acts and repeated public statements of promised bad faith on the part of a current candidate for the office.
https://files.mastodon.lawprofs.org/media_attachments/files/112/713/564/874/259/096/original/3edba6ee55450300.png

2024-07-01 18:00:46

It's notable that many times the "Constitution is not a suicide pact" argument has been made, it's in support of fewer democratic freedoms.
Opposition to Roberts Court decisions may be an instance where this phrase might be used in defense of democracy.
https://kevinmkruse.substack.com/p/the-radical-roberts-court

2024-07-01 15:11:02

Motto for this Supreme Court term: "L'État, c'est moi."
Perhaps the Alitos can put it on a flag of some kind.

2024-06-27 02:53:32

- reply

@npub1sdt…96z3 Thanks, Steve!

2024-06-18 14:47:37

Maybe divining and relying on “history and tradition” is not as easy or straightforward as Thomas and Alito would have you believe.
And maybe “history and tradition” is just a means to a particular desired end for these justices.
https://slate.com/news-and-politics/2024/06/amy-coney-barrett-clarence-thomas-sloppy-originalism.html

2024-06-18 14:32:21

Dr. English’s pro-gun work “is driven by litigation and sometimes questionable scholarship, backed with millions of dollars in dark money flowing through nonprofits that often exist only on paper.”
https://www.nytimes.com/2024/06/18/us/gun-laws-georgetown-professor.html

2024-06-18 12:50:29

“Casual observation might suggest otherwise — as does the data — but it has become an article of faith on the right that conservative viewpoints are being systematically suppressed, even criminalized.”
https://www.nytimes.com/2024/06/18/books/review/the-indispensable-right-jonathan-turley.html?smid=tw-share

2024-06-14 12:35:23

The tech industry hates privacy legislation with strong enforcement mechanisms like a private right of action, so their lobbyists are working hard to water such laws down to toothless levels.
https://techpolicy.press/vermont-governor-vetoes-comprehensive-data-privacy-bill

2024-06-13 01:09:41

A person could get used to this.
https://files.mastodon.lawprofs.org/media_attachments/files/112/606/640/811/604/480/original/58c2eac57e893505.jpeg

2024-06-11 14:40:21

"At the top of the pyramid, wealth is largely about status and self-importance. And when politicians don’t jump, when they don’t treat the very wealthy with the deference and admiration they consider their due, some of them become enraged."
https://www.nytimes.com/2024/06/10/opinion/trump-biden-billionaires-taxes.html

2024-06-11 14:37:00

Let's see how far a Lochnerized First Amendment can support Tesla's claim that marketing their cars as "Full Self Driving" is a free speech issue.
https://gizmodo.com/tesla-false-advertising-full-self-driving-california-1851530865

2024-06-11 01:28:17

The ultra wealthy do not see the preservation of democracy as significant a priority as eliminating taxes and regulations.
https://www.politico.com/news/2024/06/10/billionaires-learned-to-stop-worrying-and-love-trump-00162219

2024-06-09 13:53:22

"Trump and the Christian right are tied together.... Christian right influencers are willing to destroy democracy to achieve their goals, because they lead an anti-democratic movement that believes in Christian supremacy and unequal rights."
https://the-looking-glass-1.ghost.io/pride-month-is-a-great-time-to-tell-people-how-different-biden-and-trump-are/

2024-06-06 00:55:57

"The practice of political donations, rather than knowledge of higher education, paving the way for such positions of power [in academic administration] is common in Texas and other states."
Great piece from @npub1e4s…ly3c
https://donmoynihan.substack.com/p/the-demise-of-academic-freedom-in

2024-06-05 02:51:07

Companies have turned bankruptcy law into a means to permanently and comprehensively cap liability for wrongdoing — the objective not only of Purdue Pharma but also of many other entities over recent decades. 🎁
https://www.nytimes.com/2024/06/04/opinion/purdue-sackler-supreme-court.html?unlocked_article_code=1.xU0.TOED.3BGnRPG8zHZa&smid=url-share

2024-06-03 20:18:57

"Like former US president Richard Nixon in the late 1960s and early 1970s, Trump could use the surveillance powers available to him to monitor his political opponents, disrupt protest movements, and more."
https://www.wired.com/story/trump-second-term-surveillance-state/

2024-06-03 15:40:53

How a second Trump administration could weaponize surveillance
https://www.wired.com/story/trump-second-term-surveillance-state/

2024-05-28 18:05:25

You don't say.
https://www.nature.com/articles/d41586-024-01492-9
https://files.mastodon.lawprofs.org/media_attachments/files/112/520/037/909/238/336/original/0c117d36618e9af8.png

2024-05-25 00:44:03

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@npub178r…qekt Love the 1930s aesthetics.
https://files.mastodon.lawprofs.org/media_attachments/files/112/498/956/153/071/806/original/cc585735f17cb464.jpg

2024-05-23 14:48:17

How can any of Alito's opinions realistically be considered free from motivated reasoning?
https://www.nytimes.com/2024/05/23/us/supreme-court-south-carolina-voting-map.html

2024-05-22 22:27:52

Great essay on Alito and his flags.
https://www.dorfonlaw.org/2024/05/the-truth-turned-upside-down.html
https://files.mastodon.lawprofs.org/media_attachments/files/112/487/095/991/040/322/original/97b363fd6e10e8fd.png

2024-05-22 20:03:09

Once again I ask journalists writing on court cases: Please include a link to the complaint, decision, or other relevant court documents.
Thank you.

2024-05-21 20:02:27

Why industries want to dismantle the administrative state, part of a (many decades long) ongoing series.
https://www.newyorker.com/magazine/2024/05/27/3m-forever-chemicals-pfas-pfos-toxic

2024-05-19 14:00:17

I'm not sure that the "both sides do it" approach the NYT takes to this story on political violence is a fair representation of reality.
https://www.nytimes.com/2024/05/19/us/politics/political-violence.html

2024-05-19 13:05:48

Making it acceptable to kill someone with different politics is not anything like the rule of law. If you follow this policy to its logical conclusion, it doesn't go anywhere good.
https://www.nytimes.com/2024/05/16/us/texas-abbott-pardon-daniel-perry.html?smid=nytcore-ios-share&referringSource=articleShare

2024-05-17 00:46:01

Chief Justice Taney, scanning the NY Times at the breakfast table, thinking this might just be the moment for his rehabilitative comeback tour.

2024-05-16 18:14:36

While we may be distracted by the surprise Thomas opinion in the CFPB case, don't overlook Justice Jackson's concurrence.
She makes some excellent (and long overdue) points on the proper role of the Court on governance issues.
https://www.supremecourt.gov/opinions/23pdf/22-448_o7jp.pdf
https://files.mastodon.lawprofs.org/media_attachments/files/112/452/126/286/299/314/original/c195c590597b54cb.png
https://files.mastodon.lawprofs.org/media_attachments/files/112/452/126/302/036/059/original/01b769c2f161e3e3.png

2024-05-16 13:40:33

The inner workings of devices are a mystery to most folks, so many people throw up their hands and become privacy & security nihilists.
This is why we need regulators to be our expert eyes and ears on these complicated technologies in order to protect from abuses.
https://www.404media.co/cyber-official-speaks-out-reveals-mobile-network-attacks-in-u-s/

2024-05-08 16:40:14

There's a lesson on human nature in this story.
https://futurism.com/advon-ai-content
https://files.mastodon.lawprofs.org/media_attachments/files/112/406/456/710/458/455/original/1a07c6bbefcd9005.png

2024-03-31 23:42:44

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@npub1sdt…96z3 Folks were touting him as presidential.

2024-03-31 22:51:43

Has anyone shown Eric Adams Eliza? Be the first through the door on that one and you might be able to walk out of City Hall with a big, fat check.

2024-03-15 15:08:07

I'm with @npub1nzk…k33d
This article is a form of my favorite genre of legal scholarship: “you all are making an important mistake about how the technology works.”
https://cyber.jotwell.com/debunking-ais-supposed-fairness-accuracy-tradeoff/

2024-02-27 23:44:50

If a law or regulation can be interpreted in a bad faith way that props up conservative minority rule, there is a judge within CA5 who will do so at the earliest opportunity.
https://www.reuters.com/legal/us-judge-texas-rules-congressional-passage-2022-spending-bill-unconstitutional-2024-02-27/

2024-01-23 22:36:54

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@npub1sdt…96z3 Are you asking me or Shapiro?

2024-01-23 15:13:31

So many problems with Elon "Aspirationally Jewish" Musk's Auschwitz photo op generally, but we can start with Shapiro's sophomoric assertion, which illustrates that he's probably not aware of Rwanda's Radio Télévision Libre des Mille Collines.
https://www.nytimes.com/2024/01/22/world/europe/elon-musk-auschwitz-jewish-antisemitism.html
https://files.mastodon.lawprofs.org/media_attachments/files/111/805/910/858/502/855/original/41afa26b122359e7.png

2024-01-07 15:59:52

"The Civil War could have been negotiated," says the guy who clearly has not read anything about the near constant efforts throughout US history to assuage and placate the South from the founding through 1860.
https://www.washingtonpost.com/politics/2024/01/06/trump-says-civil-war-could-have-been-negotiated-historians-disagree/

2023-09-19 19:21:58

Midler v. Ford Motor Co. lives on! ⚖️
https://deadline.com/2023/09/harry-potter-uk-audiobooks-narrator-stephen-fry-warns-ai-ripoff-1235548993/

2023-09-18 19:18:25

Nothing says "freedom" like a good old-fashioned book burning.
https://www.kansascity.com/news/politics-government/article279475914.html
https://files.mastodon.lawprofs.org/media_attachments/files/111/087/760/408/145/871/original/977075079fa59804.jpg

2023-09-13 18:30:29

"We need to see pain in the economy. We need to remind people that they work for the employer, not the other way around. There's been a systematic change where employees feel the employer is extremely lucky to have them, as opposed to the other way around. It’s a dynamic that has to change. We've got to kill that attitude and that has to come through hurting the economy."
https://x.com/FinancialReview/status/1701440109948887057?s=20

2023-08-21 19:49:48

I don't think it's hyperbole to say that Elon Musk is a national security threat.
https://www.newyorker.com/magazine/2023/08/28/elon-musks-shadow-rule

2023-08-17 14:41:40

Call it a campaign strategy.
https://www.nytimes.com/2023/08/16/us/politics/woman-arrested-death-threat-judge-chutkan.html
https://files.mastodon.lawprofs.org/media_attachments/files/110/905/478/255/135/170/original/c15249022b39f953.png