David Post taught in the Department of Anthropology at Columbia University, at Georgetown and George Mason Law Schools, and, until his retirement in 2016, was the I. Herman Stern Professor at the Beasley School of Law at Temple University. He is the author of In Search of Jefferson's Moose: Notes on the State of Cyberspace (Oxford, 2009). Cyberlaw: Problems in Jurisprudence and Policy (West, 5th ed. 2017) (co-authored with Patricia Bellia, Paul Berman, and Brett Frischmann), and numerous scholarly articles on the law of cyberspace, copyright law, and complexity theory, including "Law and Borders: The Rise of Law in Cyberspace" (Stanford L. Rev., 1996) which is the 2d most-cited intellectual property article of all time. Prior to becoming a legal academic, he practiced law for six years at the DC firm of Wilmer, Cutler, & Pickering, and clerked twice for Ruth Bader Ginsburg (on the DC Court of Appeals in 1986-87 and on the Supreme Court in 1993-94). He plays guitar in the duo "Bad Dog."
David Post
Latest from David Post
Stop Calling it an Immunity! There's No Immunity!
It's all a figment of Todd Blanche's imagination.
Slush Fund, We Hardly Knew Ye
I have bad news for the Acting Attorney General: This shitshow is not going away any time soon.
Where Have All the Good Lawyers Gone?
How did an immunity for Trump sneak into Slushfundgate?
The Art of the Deal cont'd, cont'd
Serious questions about Trump's scheme to get the government to (a) put $1.776 billion into a slush fund under his control, and (b) drop ALL tax claims the IRS has against him, are, I'm happy to report, not going away.
The Art of the Deal, cont'd
Thirty-five retired federal judges ask the court to re-open Trump's case against the IRS because the dismissal of the claims constitutes, put simply, a fraud.
The Art of the Deal
The Trump/DOJ Settlement Agreement:—"Utterly stupid, morally wrong."
Secretary Noem Takes it On The Chin
It's been a difficult few weeks for DHS Secretary Noem
Today's Words of Wisdom
Treasury Secretary Scott Bessent's brilliant - irrefutable! - defense of the President's emergency powers.
What Does It Mean To "Regulate Importation"?
It's the central question in the tariff cases, and one exchange during oral argument caught my ear
What I Expect from the Court's Upcoming Term
Why I'm (mildly) optimistic about the Court's confrontation with presidential power
JS Bach, Re-Imagined
To take our collective mind off of more disturbing news, a recommendation for some new music
Lying Lawyers
An alarming compendium of DOJ misrepresentations and falsehoods
The Lowly Stay Takes Center Stage
SCOTUS' "stay jurisprudence" is a bit of a mess
Oregon Court Strikes Down Trump's Federalization of National Guard
Judge Immergut's opinion is worth a look, not least because she was a Trump appointee with strong Republican credentials
Mail-In Ballots
Another day, another unconstitutional Executive Order on the way?
Trump v. The Wall Street Journal
Trial of the Century! See the Billionaire Media Titans Wrestling in the Mud! Coming to your screens this Fall!
On Schadenfreude
It is time, I suggest, to give what-about-ism a well-deserved burial.
"A Question of Remedy, not Redressability"
The DC district court issues an important decision in RAICES v Noem - the first in the new post-CASA legal universe
The Quid Pro Quo, Redux
Another step towards acknowledging the obvious
Checking A Presidential Bully
Do Congress and the courts have adequate tools to rein in Trump’s scattershot use of executive power?
Buddy, Can You Spare A Million Bucks?
The appalling consequences of presidential immunity.
Further Thoughts on Non-Party Injunctions and the Constitution
Will judicial ambition counteract executive ambition?
Nationwide Injunctions and the Rule of Law
Justice Kagan hits the nail on the head: "nationwide injunctions" are an indispensable tool by which courts rein in unlawful executive action
Another Remembrance of Justice Souter
My small addition to the catalogue of Justice Souter's courtesies
Why is Ed Martin So Interested in Medical Journal Publication Practices?
Just what the doctor ordered - more lawyers and prosecutors meddling with scientific journals!
Judge Wilkinson's Opinion is Worth a Close Look
Judge Wilkinson's plea for mutual respect between the Executive Branch and the Judiciary.
Another Court Enjoins Implementation of Trump's Funding Freeze
Has any other president in US history taken so many actions "substantially likely" to have been illegal in his first 100 days? Or, for that matter, in his entire term?
Due Process and the Abrego Garcia Case
We knew it was coming, yes?
Judge Ho Dismisses - With Prejudice - the Criminal Case Against NYC Mayor Eric Adams
The DOJ's rather heavy-handed attempt to coerce an elected municipal official to do its bidding on immigration matters is firmly and properly rejected
Dear Harvard: You Have $50 Billion in the Bank - Use It Now
Isn't one of the reasons you have built up an endowment that it will allow you to protect your integrity as an institution of higher learning from political assault?
The WilmerHale Complaint
Paul Clement and Erin Murphy brilliantly defend what shouldn't need defending, but does
Next Up: Jenner and Block
Are you getting the message yet? Kiss the ring! And throw in some cash while you're at it. Or Our Leader will destroy you. Do not cross him - he has the entirety of the executive power of the United States at his disposal.
Partisan Ideology and the Judiciary
It seems that "liberal" judges are no more likely to rule against the Trump Administration than "conservative" judges.
Paul, Weiss Next on the Chopping Block
War is Peace. Freedom is Slavery. Ignorance is Strength. And Donald Trump is "Ending the Weaponization of Government"
What's Going on in the Freeze Case?
Nothing, at this point, to do with the merits of the underlying claim
"Humiliating for Every American"
Guest post from John Taylor, Episcopal Bishop of Los Angeles
The American People vs the Trump Administration
A very useful resource for those interested in the many lawsuits challenging one or another Trump Administration outrage
No Quid Pro Quo. So?
With a deferred prosecution and a dismissal without prejudice, who needs a quid pro quo?
More on the Outrageous Eric Adams Deal
Co-blogger Josh Blackman gets the Eric Adams Affair all wrong
The Deal with Eric Adams is NOT a "Plea Bargain"
Why the Eric Adams Affair is a Big Deal
One Step Closer
"Make sure government officials know they can corruptly line their pockets so long as they kiss the ring?" - Check
The Kennedy Center? Really?
Why does our President care about the makeup of the Kennedy Center Board?
Muskgate
Another week, another court order restraining the President from violating the law - only 205 more weeks to go!
One-Man Rule
What happens when a President doesn't care whether his actions comply with the law? We are about to find out.
From My 'Commonplace Book,' No. 9: Thomas Mann, Richard Wagner, and Adolf Hitler
There's nothing like a look back at Germany in the 1930s to help us appreciate that things are not as bad as they could be
More Rock and Roll, From My "Commonplace Book"
Number 8 in a series of sense and nonsense from my files
