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
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
Who We Are
Ruminating on what happened last week.
Two Sentences I Never Thought I'd Write
How to pick your poison.
An Extraordinary Music-Streaming Scam
A glimpse into the grim AI-inflected future - and a possible answer to the question "Why does so much music suck on Spotify?"
A Star-Spangled Banner for the Ages
But not, unfortunately, for good reasons
Rock and Roll!
Two wonderful and highly recommended treatments of the early history of rock-and-roll.
Eclipse Report
My encounter with totality.
Further Thoughts on Standing and the 303 Creative v Elenis case
The Court's decision in this case is likely to make a mess of standing doctrine for a long time
And the RBG Leadership Award Goes To . . .
For the "Not-from-the-Onion" File
On Copyright, Creativity, and Compensation
Copyright infringement hits home - a cautionary tale.
Israel, Gaza, and Selective Historical Memory
Who is responsible for the killing and suffering in Gaza?
"I Propose a March to Washington" - from my Commonplace Book
A rather striking harbinger of the '63 March in Carson McCullers' "The Heart is a Lonely Hunter"
More on Standing in the 303 Creative Case
A response to my critique of the Court's new standing jurisprudence.
Case or Controversy Requirement? What Case or Controversy Requirement?
The Supreme Court's misguided decision to grant Lorie Smith standing to pursue her entirely hypothetical claim against the State of Colorado in the web designer case.
Another Voting Paradox Case (Pork Division)
The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.
The Dormant Commerce Clause, the Internet, and Geolocation
A response to Professors Goldsmith & Volokh
ChatGPT-4 Aces the Bar Exam
More for the "When Will They Replace Humans?" File
From My Commonplace Book, No. 6
Stefan Zweig on inflation in Central Europe in the 1920s
More Pork! And the Prevention of Cruelty to Animals
A few more words about the constitutional status of animal cruelty laws
From My Commonplace Book, No. 5
Lon Fuller on the rule of law
Let's Talk Pork!
Not the political kind, the real kind, the stuff you get from pigs
From My Commonplace Book, No. 4
George Orwell on World War I
From My Commonplace Book, 2
Robert Oppenheimer on the death of FDR.
From My Commonplace Book
The first in a series of very miscellaneous ideas and excerpts
Content Moderation, Social Media, and the Constitution
Two sets of cases - one already before the Supreme Court, one about to be - will go a long way towards defining the role of social media companies
Today's Physics News
With the most interesting fact you'll hear today (or, perhaps, this year).
The Trump Mar-a-Lago Lawsuit
And why it will fail.
Lies, Damned Lies, and …
How a truly ridiculous statistical notion played its part in the January 6 uprising
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Servant of the People
Volodymyr Zelensky's TV series makes for interesting viewing.
The War in Ukraine, III
The brutal attack on Ukraine, alas, continues
The War in Ukraine, II
The Russians seem - understandably to want out, and I'm becoming more and more optimistic that they will be out, soon.
Thoughts on the War in Ukraine: The turning of the tide?
The "sanctions" appear to be working, and we could be witnessing a very significant moment for this war, and for the history of warfare
The Overtime Quandary
The NFL really needs to fix its overtime rules
Get Back!
Thoughts on the new Beatles documentary
More on Abortion, Liberty, and Analogies
A response to some of my critics
Framing the Abortion Argument
Thoughts on yesterday's oral argument
The Plutocrats, the People, and the Globalization of World Soccer
It's good to be reminded that, sometimes, greed and venality do not carry the day in the global marketplace
The Facebook "Oversight" Board
You may have seen stories about the operation of Facebook's new and innovative "Supreme Court." Don't believe 'em.
Issue-Voting and Impeachment
Why Republican Senators can vote on the merits of Trump's impeachment even if they believe the Seante has no power to impeach ex-officers.
A Senatorial Impeachment Two-Step?
The Senate should bifurcate its impeachment inquiry: Remove from office now, Disqualify from Office-holding later
The Death Throes of the Republican Party
January 6 was a very, very bad day for Donald Trump (but not necessarily for the rest of the country)
