David B. Owens

I was thrilled to have the opportunity to offer my insights on the Harvard-UNC affirmative action cases. Thank you to @HarvLRev for the opportunity to share them! @BU_Law harvardlawreview.org/print/vol-137/…

@KorematsuCtr I guess it’s time for me to get to work!

It was a memorable field trip for 3 of my Civil Rights Clinic students. Started well. 1/

🚨New working paper!🚨 We document a striking -- and important! -- feature of modern U.S. policing that deserves a place in conversations alongside QI, unions, training, etc.: the stasis of police labor forces. A 🧵 papers.ssrn.com/sol3/papers.cf… w/ @AurelieOuss & @jonathanmasur

@GGKrishnamoomoo @lxeagle17 Doesn’t the 17th amendment require an election? @zclopton @steveneart ?

I keep seeing this idea. This is not legal. Kentucky law mandates that if McConnell retires, Beshear picks someone from a list of 3, selected by the Republicans. And he is required to do this within 21 days. He does not have the ability to appoint a RINO, a Dem, or nobody.

@JPYGold @GGKrishnamoomoo @SocialChangeNYU I’m excited to read your papers! As @GGKrishnamoomoo knows, my take in the Essay is that the SFFA majority almost explicitly lays out that remediating one’s own prior bad acts are a permissible basis for considering race. The question is whether there is will to do so.

@dowens2000 @GGKrishnamoomoo @SocialChangeNYU very cool. on the remedying an institution's own discrimination argument, there could be nice overlap with either of the two recent pieces I wrote on SFFA v. Harvard that raised this point: papers.ssrn.com/sol3/papers.cf… papers.ssrn.com/sol3/papers.cf…

Excited my essay about affirmative action, the fourth amendment, how race-conscious admissions might continue if fancy schools admit & quantify their own prior acts of racial exclusion, etc. is forthcoming @SocialChangeNYU. Please send comments! papers.ssrn.com/sol3/papers.cf…

Congratulations to the team @InnocenceNW in securing the exoneration and the dismissal of the charges. "Convicted at 16, exonerated at 42: Yakima murder conviction dismissed" seattletimes.com/seattle-news/c… via @seattletimes

🚨 🚨 Huge NPR piece on the horrors of immigration detention & the govt’s own findings on barbaric conditions. Time for @POTUS to follow through on campaign promises and END use of private prisons for immigration detention (as a start…) npr.org/2023/08/16/119…

Yesterday, our client Louis Robinson saw freedom for the first time in 27 years after the Court vacated his homicide conviction. He was framed for a 1996 murder and lost almost three decades of his life.

I’ve litigated wrongful conviction cases for 15 years and read everything under the sun on the topic. This is the best piece I’ve ever read. Remarkable @amandaknox skeptic.com/reading_room/g…

@WilliamBaude @TFrampton you called it!

New Article on Insurrection, Rebellion, and Section Three of the Fourteenth Amendment dlvr.it/StW5gV

Surprise: I don’t think the solution to police violence is more police. Great reporting @gracesdeng for @WAStateStandard Less than 1/3 of WA police certified in deescalation & mental health training washingtonstatestandard.com/2023/08/07/les… via @WAStateStandard @UWSchoolofLaw @LoevyAndLoevy

@djsziff I use this phrase. I agree it’s weird. For me, it’s about not being/presuming awards, not being entitled, and understanding the greatness of others. But, I guess it’s a weird way to say that.

From me in @BLaw news.bloomberglaw.com/us-law-week/bi…

@wuc3 @KYLawJournal @JoshuaADouglas @GaughanAnthonyJ @Nedfoley Look forward to diving in!

Just received. And just in time for my office rearrangement. (Messy office not pictured.) Thanks @KYLawJournal, and happy to be in great company with @JoshuaADouglas @GaughanAnthonyJ @Nedfoley and Doug Spencer!

Now on SSRN: further thoughts on how race equality claims in the aff action cases ring hollow when 4th Amend law lets police use race to determine who to seize. It's a shell game, folks. Thanks @rcalo, @tamaraflawson , @dorfonlaw , @GGKrishnamoomoo papers.ssrn.com/sol3/papers.cf…

@ElliotSlosar Hahah!

Watch your board man! @dowens2000

Some thoughts on the affirmative action decision, mostly not about AA, but about the 4th Amend, biased policing, how the decision is narrow, and the “color of your skin.” Thanks @dorfonlaw for the spot! An honor. dorfonlaw.org/2023/07/its-no…

@OrinKerr If you expand the scope, the Supreme Court has actually said a lot about the 4th amendment, particularly in the two cases denied cert on Friday. That Nick Lombardo and Ryan Stokes are dead, with no remedy, says a lot. What value is the so-called right w/no remedy?

I conducted a thorough empirical study of the Fourth Amendment cases decided by the Supreme Court in the recently-completed Term, and the results were stunning — and exactly the same as the results in the previous Term.

@OrinKerr (3) the opinion itself supplies a way forward, if the schools will focus on remedying their own acts of discrimination, and (4) the phrase “color of your skin” is… problematic.

@OrinKerr here is an alternative sort of response, which I saw you were looking for.