Dan Epps

11.2K posts

Dan Epps banner
Dan Epps

Dan Epps

@danepps

Howard and Caroline Cayne Distinguished Professor of Law, @WUSTL. Con law 📜, crim law/pro 👮, SCOTUSology 🏛. Cohost 🎤@DividedArgument.

⚜️ St. Louis, MO ⚜️ Katılım Aralık 2010
971 Takip Edilen15.6K Takipçiler
Sabitlenmiş Tweet
Dan Epps
Dan Epps@danepps·
NEW ARTICLE on @SSRN: "The Practice of Executive Constitutionalism," by me and @conorjclarke (forthcoming in @VirginiaLawRev). Check it out! (Link in next tweet to avoid being crushed by the @X algorithm).
Dan Epps tweet media
English
1
13
56
12.1K
Dan Epps
Dan Epps@danepps·
@kkdc_10 Yes. Professors shouldn’t use RAs to draft articles.
English
0
0
3
71
KKDC
KKDC@kkdc_10·
Let’s steelman the case for using AI here. Would you have the same concerns if the author relied on 1L research assistants for the same work? If not, why? Seems like an AI tool and a 1L research assistant should be fungible for the use case described by the author. And my understanding is that law profs have long used research assistants for this sort of work.
English
1
0
1
97
Dan Epps
Dan Epps@danepps·
This is troubling. Employing artificial intelligence to author law review articles raises substantial concerns—compromising authorship authenticity, reducing intellectual rigor, and obscuring accountability—thus undermining the integrity of legal scholarship. Want to revise this?
Orin Kerr@OrinKerr

An attorney writes to me about the mostly AI-written law review article he had accepted this spring, now forthcoming in the flagship law review of a Top 50 law school. A draft of the article is now up on SSRN. According to the attorney: " Last month I used Claude to assist in drafting a new article . . . . I drafted this article in about 15 hours. In 2022 I published an article of similar length that took around 150 hours." The attorney adds: "I used Claude the way I’d use a junior associate—as a first drafter, sounding board, and research assistant. Most of the article, including the entirety of the title, abstract, and intro, is mine from the keyboard up. And anything Claude contributed that made it to the final version is there because I reviewed it, agreed with it, and chose to sign my name to it. This is no different than how I’d review an associate’s draft and then take responsibility for the finished product." The attorney adds: "That first draft was by no means file ready, but it was better than what I would’ve received from the vast majority of BigLaw associates. I was blown away, and have since started my own appellate and litigation practice in an effort to replicate these productivity gains for client work." Your thoughts? I know the attorney's name, and the journal, and I have checked out the article, but I figured that, at least for now, I would hold that back.

English
10
1
93
13.4K
Dan Epps
Dan Epps@danepps·
@Tysingerlaw Good question—I imagine very high variance among profs.
English
1
0
2
55
Alan Tysinger
Alan Tysinger@Tysingerlaw·
@danepps What percentage of copy in a typical law review article do you think is written by an RA?
English
1
0
0
69
Alan Tysinger
Alan Tysinger@Tysingerlaw·
@danepps What about having research assistants? I get that there's a difference, but spelling out the differences and boundaries is the real challenge.
English
1
0
0
349
Dan Epps
Dan Epps@danepps·
(seriously, though, this is depressing.)
English
3
0
18
1.1K
Dan Epps
Dan Epps@danepps·
A great development, but I disagree w/ the article's claim that this is totally different from my & @WillSOrtman's "Defender General." This reform helps w/ problems we identified and resembles our proposal even if it doesn't go far enough. Article here: repository.law.upenn.edu/Documents/Deta…
Jimmy Hoover@JimmyHooverDC

SCOOP: Judiciary OKs new Supreme Court defender office to help represent indigent defendants at #SCOTUS. Its full-time director will serve as counterweight to the U.S. solicitor general in federal criminal cases. The first will be former Kagan clerk and SG atty Ashley Robertson.

English
1
5
31
11.8K
Dan Epps retweetledi
Divided Argument
Divided Argument@DividedArgument·
Big news for the show: We're now a @SCOTUSblog partner podcast. We'll remain unscheduled and unpredictable, but we're excited to expand our audience and be in conversation with the @SCOTUSblog extended universe.
SCOTUSblog@SCOTUSblog

SCOTUSblog is expanding its podcast lineup. We’re proud to welcome @amaricas_const and @DividedArgument as new editorial partners, joining Advisory Opinions in a growing Supreme Court and constitutional law media ecosystem. Listen to a special Advisory Opinions episode featuring hosts from all three podcasts here: thedispatch.com/podcast/adviso…

English
1
5
33
4.7K
Dan Epps retweetledi
Sarah Isgur
Sarah Isgur@whignewtons·
The SCOTUSblog podcast universe is growing! Welcome Divided Argument and Amarica’s Constitution! @danepps @WilliamBaude @amaricas_const @DividedArgument @Akhil_Reed_Amar
SCOTUSblog@SCOTUSblog

SCOTUSblog is expanding its podcast lineup. We’re proud to welcome @amaricas_const and @DividedArgument as new editorial partners, joining Advisory Opinions in a growing Supreme Court and constitutional law media ecosystem. Listen to a special Advisory Opinions episode featuring hosts from all three podcasts here: thedispatch.com/podcast/adviso…

English
3
6
72
9.8K
Dan Epps retweetledi
SCOTUSblog
SCOTUSblog@SCOTUSblog·
SCOTUSblog is expanding its podcast lineup. We’re proud to welcome @amaricas_const and @DividedArgument as new editorial partners, joining Advisory Opinions in a growing Supreme Court and constitutional law media ecosystem. Listen to a special Advisory Opinions episode featuring hosts from all three podcasts here: thedispatch.com/podcast/adviso…
English
12
19
86
40.7K
Dan Epps retweetledi
Divided Argument
Divided Argument@DividedArgument·
Check out our latest episode 👉on this week's shadow-docket rulings about gender transitions in CA Schools (Mirabelli v. Bonta), redistricting in NY, (Malliotakis v. Williams), and the recent merits decision about the right to counsel (Villareal v. TX) 🎧:dividedargument.com/episodes/cruel…
English
1
4
5
3K
Dan Epps retweetledi
Matthew B. Lawrence
Matthew B. Lawrence@mjblawrence·
At the 2026 National Conference of Constitutional Law Scholars. The Rehnquist Center at Arizona Law puts together a great program. Neat to see tomorrow’s debates bubbling up…and the sunsets aren’t bad.
Matthew B. Lawrence tweet media
English
3
1
16
2.1K
Dan Epps retweetledi
Divided Argument
Divided Argument@DividedArgument·
We had a great time at today's live recording covering Mirabelli, Villareal, and Malliotakis - all at ⚡️breakneck speed. Many thanks to @UChiFedSoc for hosting and to the wonderful @UChicagoLaw students who packed the house! The recording will be up soon.
Divided Argument tweet media
English
2
2
34
3.6K
Dan Epps
Dan Epps@danepps·
I am 43 years old. I would like to think that if 13-year-old me could see the life I would build three decades hence, he would be pleased.
Dan Epps tweet mediaDan Epps tweet media
English
0
0
49
2.8K
Dan Epps retweetledi
James Romoser
James Romoser@jamesromoser·
Why I love the @DividedArgument podcast, in a nutshell: @WilliamBaude and @danepps drop an emergency episode on the tariffs ruling — and then spend the first 10 minutes yapping about … the court’s new stock-ticker rules and the arcane implications of brief-printing deadlines. 😂
English
0
5
28
4.5K
Dan Epps
Dan Epps@danepps·
He is definitely accusing them of hypocrisy. In Part I.A, he argues that the statutory interpretation they are defending is hard to reconcile with the generous approach they took in the Biden cases. And then he argues that they must be being influenced by major questions/type concerns to reach that result here.
English
0
0
8
461
Carissa Byrne Hessick
Carissa Byrne Hessick@CBHessick·
@JeremiahDJohns I don't think he's saying that Kagan, Sotomayor, and Jackson are being hypocrites--they are taking the same position on the major questions doctrine that they have taken in a number of recent cases. Do you think he's saying they're insane?
English
2
0
11
2.6K
Jeremiah Johnson 🌐
Jeremiah Johnson 🌐@JeremiahDJohns·
I'm no legal scholar, but I'm pretty sure the practical translation of this passage from Gorsuch is "every justice other than me and Roberts is either a hypocrite or insane"
Jeremiah Johnson 🌐 tweet media
English
68
271
3.6K
438.1K