@krisnelson.org's avatar

@krisnelson.org

@krisnelson.org

67 followers 208 following 198 posts

Attorney, abogado, avocat in California at TRE Legal Practice (disability discrimination/civil rights). This is not legal advice; I am not your attorney. Was PhD candidate in history & STS, web dev & sysadmin.


Reposted by @krisnelson.org

Free Law Project ⚖'s avatar Free Law Project ⚖ @free.law
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Big day! We also just crossed TEN MILLION items in our case law database. Wow, this only took a decade! Huge congrats to the case law team: www.courtlistener.com/opinion/

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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does this someone wear fur

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Katie Mack's avatar Katie Mack @astrokatie.com
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Mask bans are evil and dystopian and I am appalled that they’re even being proposed. Wearing masks to protect your health and the health of others needs to be recognized as a right for all and an absolutely essential protection for those who would otherwise be unable to participate in society

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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You could do a little website on Github (which provides simple hosting for free) to present a download link in a slightly nicer way? It's really easy to maintain once set up but there is an initial barrier to setting it up.

pages.github.com

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Well... Github maybe? I've used it for things non-programmy like FOIA templates and responses before

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Lol, yeah, tbh I take it as yet another demonstration that Whig history is bollocks. Also it's very sad that the future is currently overly contingent on people like Elon Musk. Ugh.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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It doesn’t work for most individuals very well at all. It sort of works sometimes when we can get good injunctive relief to go after systemic issues and leverage that to get entire sectors to fix stuff. But it’s pretty damn inefficient and really not well suited to most harms, sadly

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I regularly rant that, if people don’t like “drive-by” ADA lawsuits, then maybe we should try looking at fire code or building code enforcement. But I guess gov reg enforcement is just bad? Biz hates it? (But it’s predictable! And cheaper!) I guess my job as a litigator is pretty secure as a result

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Sometimes we* just write nasty demand letters or sometimes nicer demands for structured negotiations or sometimes state or fed agencies like the EEOC or DOJ actually apply muscle, but, yeah, interminable lawsuits & threats of them are the core of ADA enforcement, unfort. 🙁 *civil-rights lawyers

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Very Very Common Mike Dunford 's avatar Very Very Common Mike Dunford @questauthority.bsky.social
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This. We rely on private enforcement to do the job of the much more robust regulatory apparatus used in other countries. Our approach is much less consistent, much less efficient, and much less effective. But it's also much less fair.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I'm a litigator and I resemble this remark

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I appreciate your care and attention to following up on stories like this when they develop problems after more reporting and correcting (as you first tried) and/or deleting (when that doesn't seem to be working)

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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It's pretty ugly stuff. The one time* someone yelled at me for wearing a mask (at a pharmacy), I challenged them & explained my spouse was immune compromised—and got a similar response that my wife should just die. *I live where there was little resistance to masks; I can only imagine elsewhere.

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Cat Hicks's avatar Cat Hicks @grimalkina.bsky.social
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I miss talking to psychologists and other social scientists and I've heard they're here? 🥹 Looking for more folks to follow!! 🙏

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Maybe every Supreme Court justice should be forced listen to the deep shade thrown by actual lawyers (and, for wanna-be Originalists, actual historians) on here before they sign off on publishing any opinions

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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The whole mandatory arbitration thing is absolutely maddening for those of us trying to do civil rights litigation where there are systemic issues that need addressing. And no, most (all?) consumers/regular people are not “consenting” to any of this in any meaningful way!

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I have a (currently unsupported) theory that I drink cold coffee faster than hot so that sweet sweet caffeine hits harder also there's an extra sweet fast sugar rush because my cold coffee has more sugar (for reasons I can't explain). Now we all need to drink more hot & cold coffee for SCIENCE!

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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There are many levels and possible answers to this! One is that One Package was only about a small part of Comstock in particular circumstances. Another is that “zombie” laws remain unless repealed regardless of what a court says, so SCOTUS can always rule diff and revive them.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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But don’t worry! We promise to keep you employed by paying you per paper as an independent contractor to grade their AI-written essays

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Joe Dunman's avatar Joe Dunman @joedunman.bsky.social
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This entire ordeal raises the question: what great threat or obstacle do the faculty pose to your administrative plans that you must so totally obliterate the fact (and memory!) of shared governance?

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Hey have you read this book by this Jeff guy? I think it’ll really help answer your questions on how this fire in a crowded theater cliche gets misused!

www.amazon.com/Liar-Crowded...

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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(whispering) maybe even “especially at an Ivy”

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Le Cagle's avatar Le Cagle @lecagle.bsky.social
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Today the University of Kentucky Board of Trustees, being led by the nose by President Eli Capilouto, finalized the dissolution of the University Senate, putting the final nail in the coffin of shared governance.

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Reposted by @krisnelson.org

Reposted by @krisnelson.org

Barred and Boujee aka Madiba Dennie's avatar Barred and Boujee aka Madiba Dennie @audrelawdamercy.bsky.social
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It’s outrageous that, when it comes to regulating guns, the Supreme Court says, “If it was legal it would have been done by now,” but when it comes to regulating abortion, a lack of past regulation is no barrier to a legislative free-for-all in my uterus

lithub.com/historical-f...

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I also think there’s value in (carefully) revisiting Gibbons bc of the obsession many fascists have with his framing and themes

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Tbh this piece reminded me that Gibbons’ work might actually be worth something valuable for analyzing late-Enlightenment thinking, dev of colonialism & racism, and so on. I’ve kind of ignored it bc it’s now canonically “Wong” but it really is a fascinating primary source of *his* era.

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James A. Palmer's avatar James A. Palmer @jamespqr77.bsky.social
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Curious to know what people make of this piece. Anyone with classroom experience knows that the "Gibbon effect" is still a thing one encounters in students. But can we still read and enjoy him for the same reason we might read and enjoy an author like Livy?

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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This is neat (searchable transcripts of oral arguments) but also an example of what I consider one of the only actually good & working LLM use cases: good-enough audio transcription.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Honestly given the ubiquity of scams and cons in American history (adulterated foods, “snake-oil” elixirs, etc), tbh we really shouldn’t have been surprised that fascism has manifested in a combo of two American specialties: the cross and the con

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Casey Newton's avatar Casey Newton @caseynewton.bsky.social
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NEWS: After sustained attacks from House Republicans, the Stanford Internet Observatory is being dismantled. A huge blow to academic freedom and our ability to understand platforms and influence operations www.platformer.news/stanford-int...

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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This quote from Pew seems particularly telling: "While psychologists say belief in conspiracy theories is often linked to paranoia or other mental health issues, the racial conspiracies that Black people believe are rooted in factual acts of intentional or negligent harm."

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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As a historian-turned-lawyer, this historical turn should generate a certain frisson of excitement in me rather than the frisson of terror I feel every time I read this phrase (“history and tradition,” shudder)

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I mean, there might be some utility in using an LLM to do something link sentiment analysis over a corpus of comms to extract a kind of zeitgeist from it but (1) that isn’t actual polling and (2) we really need some rigorous analysis of what’s happening “under the hood” if we’re going to use it

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Elizabeth Picciuto's avatar Elizabeth Picciuto @epicciuto.bsky.social
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Don’t mean to brag, but I can just make up polling numbers without using AI

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Oh I can definitely see uses for “plausible but inaccurate in impossible-to-determine ways” (tho who needs AI for that), but those aren’t the same uses as actual polling, lol

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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“it can generalize to new scenarios and survey topics, and spit out a plausible answer, even if its accuracy is not guaranteed” WHAT?!

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I know! But if I get myself back onto ground I'm more familiar with, I'm struggling to see how meaningful appellate practice would be possible if it was OK to hide from defense counsel that an ex parte meeting with a witness *even happened*?

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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From what I've gathered from criminal law practitioners so far, the answer seems to be "unlikely but maybe but regardless, hiding it from the defense would still not be ok."

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I guess state schools should all be purely vocational* and we give the thinkin’ stuff to the aristocrats at elite private schools as god intended. Anything else might give the common folk idea above their station. * vocational ed is good! But it should be a choice not a limitation.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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The US response might be "more (& better) speech" to counter plus better education, laws against acts not speech content, etc. (I would suggest private restrictions/de-platforming not mandated by gov has a (tricky) role too.) US view is that speech limits by gov are too easily weaponized by bad gov.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I'm not so sure the rise in power globally of the right is explainable by differences in current approaches to speech between countries. We in the US have our problem children, but eg the rise of the AfD in Germany, Le Pen in France, Wilders in the Netherlands, suggests a broader problem.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I can't think of any rights that don't have some outer limit that could conceivable swallow the entire enterprise if allowed to do so. Is it the concept of "balancing" that creates a greater risk of this than some other characterization or mechanism of navigating conflicts of rights?

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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I would usually be inclined to make some obvious joke about a lawyer maximizing billable hours (can I bill for the entire 48 hours I'm incarcerated with my client or just the time we're awake?) but this whole thing is just too wild

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Seems like all rights require balancing—I'm not sure a democracy can survive if rights are too absolutist, even speech rights? But I do worry that some EU approaches to allowing content-based restrictions too easily allow illiberal regimes legal cover to block "good" speech and not just eg Nazis.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Yes, I think the better critique of the article and its position is to focus on the distinctions of a US-based viewpoint & legal regime versus an EU-based one.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Lol, I don't always agree with @cathygellis.bsky.social, but she most definitely has way more than a clue on speech & Internet issues! She's even, like, a legal professional? 😉

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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For me, it depends on what you really mean by “homeopathic.” If you mean a few drops of something in water then diluted further still, then it’s still a no from me. If you mean using actual stuff that just isn’t pharma, then yeah (with caution). Lots of actual but non-pharma stuff has medical uses!

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Relatedly, what if I filled up my filing cabinet with photos? Or filed lots of scientific papers with diagrams and images? Etc.

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@krisnelson.org's avatar @krisnelson.org @krisnelson.org
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Legally, yes absolutely, though I do wonder if it’s even possible for them to reverse their having lost public support/opinion by changing the law vs just making us all miserable? Put another way, are they overvaluing law and a certain kind of power as the driver of (long-term) change?

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