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
The Impeachment End Game
Will we get to hear from the people in Trump's inner circle who might actually know whether he did or did not engage in impeachable misconduct?
The Other Impeachment Count
Count Two's charges against the President are both more serious in their long-term implications for the constitutional separation of powers, and less defensible on Trump's part, than Count One's.
The Bolton Subpoena
John Bolton may have critical evidence relevant to the House impeachment inquiry; why hasn't the House subpoenaed his testimony?
Impeachment and the Sixth Amendment
No, President Trump cannot invoke his Sixth Amendment rights in connection with House impeachment proceedings
Is the "Faithless Elector" Coming to the Supreme Court?
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
The Fifth Avenue Immunity
Can a State Investigate Alleged Criminal Wrongdoing Involving a Sitting President?
Go Walgreens!
Why are so many people in Washington DC walking around wearing Walgreens gear all of a sudden?
Treason (!), Sedition, and Trump Derangement Syndrome
What if we actually took what Trump said seriously? As though he were, say, the President of the United States?
Stairway to Heaven and the Scope of Musical Copyright
Led Zeppelin may have borrowed from the band "Spirit" in creating the well-known intro to their classic hit, but did they infringe anyone's copyright in doing so?
Did the President Commit Witness Tampering?
Some Thoughts on How the President's Stalwart Defenders Will Excuse This Latest Episode
We Have Now Entered the Twilight Zone
Where are the Republicans - the honest and patriotic ones - who will help lead us out of this calamitous mess?
Sexting as Child Pornography
The highest court in Maryland finds that the State's statute prohibiting "child pornography" applies to minors who sext videos of their own sexual activity to friends.
The Return of the Faithless Elector
Are we ready for a return to the "original meaning" of the Electoral College?
THE Volokh Conspiracy keeps you up-to-date on THE Trademark System
Can the "the" - not to be confused with the band "The The" - be protected by trademark?
The Sec. 230 Temperature is Rising
Liability safe harbors for Internet intermediaries are not responsible for Internet "hate speech"
Judge Blocks DOJ's Attempt to Switch Lawyers in the Census Citizenship Question Case
The DOJ's attempt to introduce an entirely new team of lawyers to work on the citizenship question case is rejected - correctly - by the SDNY.
Summer Reading: The Life (and Times) of Frederick Law Olmsted
A wonderful bio of perhaps the most influential American whose name most people don't know
A Question Barr Flubbed Badly
How could Barr have allowed Deputy AG Rosenstein to participate in evaluating an obstruction-of-justice case against the President when Rosenstein was a key participant in the possibly obstructive events, and would be a witness if a charge were brought?
More from, and to, Prof. Dershowitz
Further explication of our ongoing disagreement concerning the scope and conduct of the Mueller investigation.
More for the "Who Cares About Due Process For Sex Offenders?" File
Q: Can the federal government hold people in custody indefinitely when they have not been charged with, or convicted of, any crime?
The Case that Started All the Fuss
Judge Tigar's (ND CA) asylum decision is an especially inappropriate target for Trump's ranting, given the weakness of the Administration's position on the legal issues raised by the case.
Hail to the Chief!
We really should, as Chief Justice Roberts suggests, be thankful for the "independent judiciary" on this Thanksgiving Day.
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
The Meaning of Constitutional Meaning
The People of New Hampshire have spoken! But what have they said?
A Short Response to Eugene's "Judicial Temperament" Post
Further thoughts on why Kavanaugh's testimony is disqualifying.
Judge Kavanaugh, Judicial Temperament, and the "Circus"
Kavanaugh was correct: it was a circus. But he was the one who made it a circus - and for that (apart from anything that he may or may not have done in 1982) he should not be confirmed.
WTF is He Doing? [with Today's Quiz]
When do we decide that Trump's contempt for the law has crossed the line?
"Emoluments" Suit Against Trump Can Proceed
Are we all about to get a look - finally! - at Trump's tax returns?
Caps Win!!
A parade today to celebrate something even the politicians can't spoil. Plus, a bonus World Cup preview!
The Law of the Jungle
It's been a busy month - two steps backward, one forward - for animal rights proponents.
Amplification, or Why the Internet Is a Terrifying Thing
This just in: Some guy says that London hospitals are like war zones!
If You Shot a Man in Reno, Why are You in California State Prison?
Herein of "Folsom Prison Blues" and criminal jurisdiction.
What's a 'Website,' Anyway?
As a recent Indiana Supreme Court case amply demonstrates, the term "website" is not nearly precise enough for use in our criminal law, and judges and legislators need to stop pretending that it is.
One More Word About The Stormy Daniels Affair
Trump's denials of involvement in the Stormy Daniels arrangements may turn out badly for him
The Fruit of the Poisonous Tree and the Mueller Investigation, cont'd
A Cato podcast covering the (very flawed) charges against the Mueller investigation
The Fruit of the Poisonous Tree
The (non-existent) "taint" in the evidence Mueller's team has been gathering.
Sex, Lies, and Constitutional Law: The Stormy Daniels Settlement Agreement
There is, it turns out, more to the Stormy Daniels Affair than meets the eye.
The Shame of Devin Nunes
Our president thinks that Rep. Nunes will go down in history as "a great American." He is wrong.
Why Are Previously-Convicted Felons Denied the Right to Vote?
Florida voters are set to consider deleting a provision in the Florida Constitution depriving convicted felons of the right to vote. It's about time.
Supreme Court Takes Up Internet Sales Tax Conundrum
Why I hope the Court leaves its "physical presence" rule for sales tax collection intact, or How I Learned to Love the Dormant Commerce Clause.
