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Rᴏʙᴇʀᴛ L. Tsᴀɪ

@robertltsai

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DEMAND THE IMPOSSIBLE: ONE LAWYER’S PURSUIT OF EQUAL JUSTICE FOR ALL @WWNorton • Rockefeller Fellow, @Princeton • Harry Elwood Warren Scholar & Prof @BU_Law

Boston & Washington, DC
Joined November 2013
Don't wanna be here? Send us removal request.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 months
Today is publication day!⭐️ Learn how a boy of humble origins became one of the fiercest critics of the criminal justice system and a fearless advocate for racial equality. I hope you enjoy DEMAND THE IMPOSSIBLE as much as I enjoyed writing it. @wwnorton
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
Raise your hand if you knew that in May 1937 the New York Times did a gauzy profile of Hitler, painting him as a “Bohemian” with an “artistic temperament”? 🙋🏼‍♂️
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Most people will remember him as “Joe,” who made hotcakes over a hot grill at the Lighthouse Cafe in Port Townsend, Washington. He passed away peacefully tonight around 6:45 pm EST at the age of 88 after a weeklong bout with pneumonia. This is how I’ll remember my father.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
It’s a hell of a thing if the mere assertion of executive privilege by someone who no longer holds office can stop an existing officeholder from engaging in a core executive function.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Slavery was unquestionably dehumanizing and wrong. Yet anti-slavery authoritarianism was nearly as awful. Here’s how. By Andrew Sullivan
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
The Supreme Court itself has repeatedly said that protest by citizens on public streets and sidewalks has been part of our tradition “since time immemorial.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
Charles Fried, Reagan conservative, flays Trump: “The principal one is ‘to take care that the laws be faithfully executed.’ The laws made by Congress. And to do so faithfully. Not trickily. Not underhandedly...”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
9 months
Judge: Mr. Tsai, what do teach? Me: Constitutional Law, Inequality, Democratic Reform, Crim Pro Judge: What do you write about? Me: Legal theory, constitutional history, race and poverty in the criminal justice system, prosecutorial abuse Judge: Thank you, you’re excused.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Federal judge Jed Rakoff:
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
10 months
Once you accept that SCOTUS behaves as a constitutional policymaking body, you won’t be surprised that originalism is used situationally and strategically.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
In his ruling, Judge Kacsmaryk repeatedly uses the term “abortionists” to describe health care workers who help terminate pregnancies. One way to recognize movement judges is they will use mobilized rhetoric like other movement figures.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
Unidentified feds whaled on him, breaking his hand, and gassed him. Here’s his reaction.
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@PDXzane
Zane Sparling
4 years
Federal police strike protester with baton, use pepper spray and tear gas outside courthouse in Portland
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Goodbye, Dad, hope you get to meet up with your buddies again somewhere
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Most people will remember him as “Joe,” who made hotcakes over a hot grill at the Lighthouse Cafe in Port Townsend, Washington. He passed away peacefully tonight around 6:45 pm EST at the age of 88 after a weeklong bout with pneumonia. This is how I’ll remember my father.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
With the presiding judge next to him, Steve Bright goes after the Texas Ct. of Criminal Appeals for upholding death sentences when court-appointed lawyers slept through trial: “If a sleeping lawyer is competent counsel, then there really is no such thing as incompetent counsel.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/2 Here he is lauded as “a great improvisator” who loves to talk with “many kinds of people”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/3 “Where Hitler Dreams” and eats his honey and cheese. He’s practically an “unaffected private gentleman.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/4 Here’s the sexy shot of Hitler in his shorts and stockings where he says he doesn’t dream of becoming rich but prays modestly that “my people will build a house here for me.” I bet most readers took it literally when he meant it figuratively.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/6 Just to be clear, the essay is the feature of the @nytimes Magazine on May 30, 1937. Here’s a link though you need a subscription.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
The deep skepticism of Congress that runs through Trump v. Mazars shouldn't surprise us when we understand that most of the justices sitting on the Roberts Court were former executive branch lawyers. The people deserve judges with broader life and practice experiences.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/8 “the Fuehrer is always on duty, even when on vacation” 😌
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/5 I love that some “methodical people” are supposedly whispering that Hitler isn’t dedicated enough to “concentrated work” 👆🏼
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Whoa! In the final section where a judge is supposed to balance the equities before granting an injunction, the judge accuses the federal government of making eugenic arguments simply because they point out an interest in families being able to take care of any existing children.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
/7 🤭
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
5 years
"I picked the cotton, and I carried it to market, and I built the railroads, under someone else's whip, for nothing. For nothing." The great James Baldwin in his 1965 debate against William F. Buckley at Cambridge Union. Read my review essay @BostonReview :
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Good morning, today is the first day of Constitutional Law. I believe in grabbing on to the bull by the horns and hanging on for dear life: We start with Dobbs.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
@MichaelMaloneNZ @sarahkendzior Right. And laws excluding Jewish people from public employment and universities, denying them citizenship, barring intermarriage, and disenfranchising them had already been enacted—drawing on American laws aimed at black citizens.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Joe was born Tso Wen-Ko in May 1934. Here he is on the left, with his father, Tso Yu-Chtao. Likely taken in Hua-Tien Hsien, Chi-Lin Province of China.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
How it started. How it’s going @derspiegel
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Discrediting the right to reproductive autonomy by associating it with the worst abuses of eugenic policies is a longtime movement tactic.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
Not five minutes ago, an older woman looked right in my eyes and yelled “Fuck you!” She kept moving, so I didn’t pepper spray her.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
You’ve had many adventures, experienced your share of hardship and joy, love and companionship. Rest easy now, Joe. /END
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
6 months
Excellent news
@Phil_Lewis_
philip lewis
6 months
Michigan is set to become the first state in the nation that would automatically register people to vote as they leave prison
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
Last winter when I realized the Articles of Impeachment left out Trump’s Emoluments Clause violations.
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Washingtonian Problems
4 years
Caption this (DC edition)
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Because he had known severe deprivation, he was constantly worried we would run out of money. This was a source of conflict and irritation in the family. But his greatest gift was to tell me there would always be money for books.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He didn’t care what I read: fantasy stories, classics, trashy novels, horror tales. If a book I wanted was not available through the library he would tell me to order it from the bookstore down the street. And every week he reached into his pocket and gave me $ 5 for comic books.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
6 years
“But the most powerful moment” that “shredded the committee’s absurd focus on a handful of texts...came courtesy of one of the sharpest lawyers in Congress, Maryland Congressman Jamie Raskin.” ⁦ @RepRaskin
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
More babies from @Harvard_Press . Who wants one?
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
9 months
Happens every time. Will report back if they keep me on a jury.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
“During ten days in late December 1831 into January 1832, nearly 60,000 slaves (about 20% of the enslaved population of 300,000) led by the black Baptist preacher Samuel Sharpe went on strike and rebelled against plantation owners, demanding freedom and higher wages” @Y__Barragan
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Black Perspectives
4 years
In what has now become a yearly tradition we return to @Y__Barragan ’s wondetful essay— Christmas and Resistance to Slavery in the Americas via @AAIHS
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
Woke up in a cold sweat worrying about what @CoryBooker might do if he goes back to the ‘burbs.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
I didn’t know until I was older that in Taiwan he had been a good student and gone to judge’s training school.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
BREAKING: 6 justices say fuck it, just arm everybody but keep the fences up around our building.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
The use of such language betrays the social circles and ideological priors of the judge. It’s also evidence of possible collateral consequences of Dobbs: jurists becoming emboldened or careless re: appearing disinterested in legal outcomes.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He performed well enough that he got to start as a district judge in Taipei
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Excited to announce that a new constitutional history journal will soon launch based @WisconsinLaw . The journal will strive to fill the gap between traditional history journals and popular outlets. Any member of the Senior Editorial Board would be happy to answer questions.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
still my greatest pandemic achievement
@ratemyskyperoom
Room Rater
4 years
Room Rater Update. Books changed to proper vertical position. 9/10 @robertltsai
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
So the cat is out of the bag! Starting next semester, I’ll be joining the faculty of @BU_Law . I’ll miss my @AUWCL colleagues and students, but remember: we are all just one sketchy Zoom call away from one another. @BU_Tweets
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He didn’t have the disposition of a soldier. He wanted to read books.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Whew, that allusion to Dobbs, SCOTUS, and the price of federal judges taking themselves (selectively) off the field of social action.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He was in Beijing studying at the time when the Communist revolution occurred. He fled, not wanting to fight for either Mao’s forces or the nationalists. But he became a refugee in Taiwan and was eventually conscripted into the army.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
On this fine day, I am doing research into the backgrounds of judges in Georgia who belonged to segregationist groups, helped keep numbers of black citizens in jury pools low, and looked the other ways as prosecutors rigged all-white juries in capital trials vs black defendants.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
I’m away from my cache of older photos, but one taken at the Lighthouse Cafe early 1980s I think. Dad on the left.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
Steve Bright takes on Posner: you have no idea how awful a “bare-bones” system is or else you are simply indifferent to the unequal suffering it tolerates.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
5 years
Some will fault @staceyabrams for not being more magnanimous, but I think she threads the needle here in a way that acknowledges the rule of law as it exists—which will determine Kemp as the winner—and preserves her deeper critique that the process was, and remains, deeply flawed
@RealSaavedra
Ryan Saavedra
5 years
Democrat Stacey Abrams acknowledges she has lost to Republican Brian Kemp, says the election was illegitimate: “Let’s be clear, this is not a speech of concession because concession means to acknowledge an action is right, true, or proper … I cannot concede that.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
9 months
This time, after lunch, the judge asked me: If I gave you a jury instruction you disagreed with, could you still apply it? Me: If I had a problem I’d send you a note. Lasted until peremptory strike stage, bounced again. 14 jurors picked, murder trial started immediately.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
To refuse to consider a nominee or treat her differently simply because of her religion would amount to discrimination. But to probe how a nominee’s beliefs—religious or secular—might shape how she interprets the law is due diligence and the least we should expect.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Scraping together enough for a down payment on the Lighthouse Cafe is what brought us out to Port Townsend, then population 5,000.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
As far as I can tell, the only justices who have used that term (so far) in judicial opinions are Alito and Thomas.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
For many different reasons he decided to start over, like so many immigrants. He was lucky to be admitted to the US, but could not restart his legal career. Joe took odd jobs until a hotel chef in Seattle took the time to teach him how to make American fare.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
This includes outside of the homes of powerful people.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
another trip around the sun
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He once told me the story of how he evaded Communist soldiers while on the mainland and then hid from KMT soldiers on a train once he made it to Taiwan.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
As Co-Chair of Appointments this year, I am absolutely delighted to welcome these incredible scholars and teachers to @BU_Law : @AzizaAhmed @hartzog @NgoziOkidegbe Steve Koh (BC). I can’t want to see you all in the fall!
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
He said that those who didn’t do as well on the exams were sent to the countryside to resolve disputes over stolen chickens. Those who did well could serve as judges in a city.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
6 years
/5 @RonanFarrow describes the hairstyle of Tom Countryman, senior arms control expert: “It was a diplomat’s mullet: peace in the front, war in the back.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
So this Hitler tweet took off. I don’t have SoundCloud, but you can check out my books and essays here:
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Fetal personhood is an anti-abortion movement goal, though it had once been seen as too outlandish to be taken seriously. Lots of historical problems and consequentialist concerns with the argument on the merits.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
15 days
Sweet Jesus, yes! I've been carrying these student loans since the 90s.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Coach-led prayers are about as voluntary as off-season workouts.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
But he grew increasingly concerned about partisan mischief during elections. The last straw for him was a contested election that was assigned to him to resolve. But that’s a story for another day.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
More recent photos of the Lighthouse Cafe
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
The paperback version of PRACTICAL EQUALITY will be out this fall. Assuming you despise Hitler and believe in equality, you can pre-order here:
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 month
Delighted to share this news that I’ve been appointed to be a ‘24-‘25 Laurance Rockefeller Fellow at ⁦ @Princeton ’s⁩ University Center for Human Values. Looking forward to meeting the other fellows.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
🐟🐠🦪
@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Found a picture of the restaurant when my family ran it. The key is the sandwich board advertising fresh (grilled) salmon, halibut, cod, and oysters.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
Welcome to new followers! I tweet about con law, legal history, and political theory. I’m writing a book about Steve Bright, former public defender who ended up as one of the greatest death penalty lawyers of his generation. You’ll see some tweets about that project too.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
5 months
@ChrisVannini They looked like half a team against MI: good D, completely inept O
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
PS, I wrote a bit about unequal patterns of small town life and wrote these words about my father, in an essay called, “Somewhere, U.S.A.” The entire volume #AfterLife is extraordinary.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
11 months
DEMAND THE IMPOSSIBLE has a cover and it’s stunning! We think it captures the bold and hopeful quality of Steve Bright’s advocacy. Pls consider pre-ordering this book about a lifelong advocate for the poor and fierce critic of the criminal justice system.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
How can every professor possibly be on the top 10% of SSRN downloads?
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Some wishful thinking in Akhil Amar’s argument that Alito’s text-limited-by-tradition approach to Roe won’t spill over to affect other rights.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
In 1985, a Vietnamese man was tried for murder in a Gainesville, GA, courtroom. During the second day of trial, someone in the audience finally alerted everyone they were trying the wrong man.
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
The judge sees zero public interest in maintaining the status quo. He writes dismissively: “Chemical abortion is only the status quo insofar as Defendants’ unlawful actions and their delay in responding to Plaintiffs’ petitions have made it so.”
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Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
It’s possible to talk about two different things: 1. A sneering and sexist manner of talking about (and relating to) accomplished women. 2. The role that meritocratic practices like titles play in inhibiting discourse and solidarity.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
9 months
Congrats to my @BU_Law colleague Anna di Robilant on her new book: Making modern property reinventing roman law europe and its peripheries 1789-1950 @cambUP_History
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
28 days
In June 2001, Stephen Bright told Senators: "Having any lawyer in town represent someone in a death penalty case is sort of like if someone in town needs brain surgery and you say, 'well we don't have any brain surgeons in this town but there's a chiropractor down the street.'"
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Doug Laycock goes off on the Bremerton football prayer decision
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Thx for reading along. I’ve focused on the judge’s rhetorical choices, leaving others to tackle his reasoning under administrative law. If interested, @maryrziegler and I will soon post our new paper on this subject: “Abortion Politics & the Rise of Movement Jurists.”
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
photo shoot. which should I go with for my faculty profile?
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Did Alito leave in his cites to the witch burner? Of course he did. Dobbs must be turned into an infamous decision through politics, just like Plessy, Korematsu, or Lochner.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Another relevant passage highlighted by @lsepper , where the judge, in his own language, says he thinks the drug “starves the unborn human until death.”
@lsepper
Liz Sepper
1 year
I mean. This is paragraph 4 of the opinion in Alliance for Hippocratic Med v FDA that aims to withdraw approval of mifepristone. This is how the judge describes medication abortion
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
4 years
@OrinKerr This is what set him off?
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Deep into the section on why he thinks the FDA acted “arbitrarily and capriciously,” more use of the term “abortionist” to describe someone who prescribes the drug as well as someone who performs a surgical procedure.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
5 years
@OrlyLobel @CoreyRYung @9GAG I would plead, Not Guilty By Reason of Funny, your Honor.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
10 months
“The last time a white person was executed for killing a Black person was in 1752, over a half century before the Louisiana Purchase.”
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
First photos taken from my new office ⁦ @BU_Law ⁩. What do you think? ⁦⁦ @BU_Tweets
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
3 years
Judge Richard Posner: “A bare-bones system for the defense of indigent criminal defendants may be optimal.”
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
2 years
Lots of tools available to cops if crowds get out of hand. Use the local noise ordinance. Arrest for blocking cars after violating orders. Refusing a lawful order. Come on people, don’t be soft.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
1 year
Anyway, more evidence that the judge doesn’t mind being seen as a friend to the anti-abortion movement (a “pro-life judge”), regardless of how that might affect how other judges, regular citizens, and others might perceive the ruling.
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@robertltsai
Rᴏʙᴇʀᴛ L. Tsᴀɪ
9 months
Good luck to the attorneys involved, and of course the accused. Over and out.
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