Milan Markovic
@profmarkovic.bsky.social
I am a Canadian law professor based in the US. I write about legal ethics, access to justice, and the future of law. My views are not those of my employers.
Pinned
Milan Markovic
@profmarkovic.bsky.social
· Oct 16
Equal Justice & Generative AI
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The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system al
papers.ssrn.com
New paper 📢. I have been pondering AI's effect on legal needs for the last couple of years. While AI has promising uses in law, I argue that, without regulatory intervention, it will worsen the access to justice crisis because of uptake in an unequal and adversarial justice system. Comments welcome!
Strong floor, no ceiling has basically been the approach since the mid-2000s, with the government backstopping oligarchs' risky investments while claiming little of their upside.
No value, no villain, no vision. Sounds like the tagline for the earnings call of a collapsing appliance retailer
November 30, 2025 at 6:44 PM
Strong floor, no ceiling has basically been the approach since the mid-2000s, with the government backstopping oligarchs' risky investments while claiming little of their upside.
By Anne-Marie Slaughter.
OPINION | The progressive case for regime change in Venezuela.
November 30, 2025 at 5:48 PM
By Anne-Marie Slaughter.
Kelly's welcome emergence has obscured that Schumer has been AWOL since the shutdown.
there’s something so depressing from recognition of the fact that somehow hakeem jeffries is without a doubt the better of the two dem legislative leaders
November 30, 2025 at 5:15 PM
Kelly's welcome emergence has obscured that Schumer has been AWOL since the shutdown.
Reposted by Milan Markovic
Senator Kelly is correct.
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
November 30, 2025 at 4:35 PM
Senator Kelly is correct.
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
Plus a Public Service Announcement:
KEY section of Department of Defense's Law of War Manual is 18.3.2.1.
The VERY rule on the "requirement" to refuse illegal orders gives as its paradigmatic example of what is "clearly illegal:
"orders to fire upon the shipwrecked."
Reposted by Milan Markovic
Strong language from @markey.senate.gov.
Pete Hegseth is a war criminal and should be fired immediately.
November 30, 2025 at 2:27 AM
Strong language from @markey.senate.gov.
Reposted by Milan Markovic
A good thread on the ICC, its jurisdiction, and how it interacts with state parties from @profmarkovic.bsky.social, who has substantial experience in that area:
Friends, I clerked for the ICC way back when. Starting a🧵 to clear up misconceptions on @bsky.app. 1) The ICC can exercise jurisdiction over crimes committed on the territory of a state party (including registered vessels). The US does not need to join the ICC for the Court to have jurisdiction. BUT
November 29, 2025 at 11:58 PM
A good thread on the ICC, its jurisdiction, and how it interacts with state parties from @profmarkovic.bsky.social, who has substantial experience in that area:
Friends, I clerked for the ICC way back when. Starting a🧵 to clear up misconceptions on @bsky.app. 1) The ICC can exercise jurisdiction over crimes committed on the territory of a state party (including registered vessels). The US does not need to join the ICC for the Court to have jurisdiction. BUT
November 29, 2025 at 11:29 PM
Friends, I clerked for the ICC way back when. Starting a🧵 to clear up misconceptions on @bsky.app. 1) The ICC can exercise jurisdiction over crimes committed on the territory of a state party (including registered vessels). The US does not need to join the ICC for the Court to have jurisdiction. BUT
Reposted by Milan Markovic
"Surely a quick, violent, successful war of aggression is just what the ruler needs to shore up his legitimacy," said just about every failed monarch in history shortly before invading Serbia.
Creating a military conflict with Venezuela gives this administration a legal "hook" to invoke the Alien Enemies Act. In other words, the foreign war is being manufactured in order to facilitate court deference for its domestic mass deportation policy. It's a Stephen Miller Special.
November 29, 2025 at 6:38 PM
"Surely a quick, violent, successful war of aggression is just what the ruler needs to shore up his legitimacy," said just about every failed monarch in history shortly before invading Serbia.
One thing I am certain of is that Hegseth will not be traveling to Europe and South America in 2029. You can probably add Canada to that list as well.
How did people on this website get the idea that the ICC/the Hague is a powerful international entity that can and will arrest Americans, or that there are a bunch of countries that will arrest Americans and hand them over to the ICC, which will bring them to justice?
November 29, 2025 at 6:38 PM
One thing I am certain of is that Hegseth will not be traveling to Europe and South America in 2029. You can probably add Canada to that list as well.
Reposted by Milan Markovic
Look, every single “deal” reached by a university with the Trump administration is a moral stain that will be seen with deep embarrassment once we’re through this. But for Northwestern to do this now, when the administration is visibly weakened, is even more shameful and inexcusable.
November 29, 2025 at 3:31 PM
Look, every single “deal” reached by a university with the Trump administration is a moral stain that will be seen with deep embarrassment once we’re through this. But for Northwestern to do this now, when the administration is visibly weakened, is even more shameful and inexcusable.
Goldsmith mused during the DOJ's investigation of John Yoo that the Office of Legal Counsel's role was to tell the President what he could get away with.
I think it is going to be very hard to extract a clean legacy from his presidentialism. He looked like a moderate in the Bush admin, but that’s a pretty low bar.
November 29, 2025 at 4:24 PM
Goldsmith mused during the DOJ's investigation of John Yoo that the Office of Legal Counsel's role was to tell the President what he could get away with.
62% of Americans would support joining the ICC according to a recent poll. More generally, I am dubious that Americans would turn on a Democratic administration for cooperating with a ICC investigation of someone that Trump pardoned for war crimes (although the Hague Invasion Act is a barrier).
November 29, 2025 at 4:41 AM
62% of Americans would support joining the ICC according to a recent poll. More generally, I am dubious that Americans would turn on a Democratic administration for cooperating with a ICC investigation of someone that Trump pardoned for war crimes (although the Hague Invasion Act is a barrier).
Reposted by Milan Markovic
Northwestern and Columbia being famous for journalism and bending over for Trump seems a little too on the nose these days
This is the second largest payout from a private university to the Trump admin yet, second only to Columbia’s $200m
November 29, 2025 at 2:07 AM
Northwestern and Columbia being famous for journalism and bending over for Trump seems a little too on the nose these days
@mbkplus.bsky.social and I will have more thoughts on the podcast, but it's no coincidence that the two most draconian settlements were signed by *interim* university presidents.
Here’s the text of the Northwestern settlement with the DoJ, which includes a $75 million financial component / payoff (cc @profmarkovic.bsky.social):
November 29, 2025 at 2:28 AM
@mbkplus.bsky.social and I will have more thoughts on the podcast, but it's no coincidence that the two most draconian settlements were signed by *interim* university presidents.
I know it's a slow news day for those of us in legal education, but please be advised that there is now a "Private Equity Legal Alliance" to connect law firms and funders.
November 29, 2025 at 1:09 AM
I know it's a slow news day for those of us in legal education, but please be advised that there is now a "Private Equity Legal Alliance" to connect law firms and funders.
Northwestern's President is following the cowardly precedent of Columbia's Shipman by misrepresenting the settlement agreement. The government does not need "authority to dictate" decision-making after a university has agreed to accept its terms!!
BREAKING: Northwestern University has agreed to pay the U.S. Treasury $75 million, over the course of three years as part of an agreement with the federal government to restore funding and end investigations into the university
Full statement from NU below:
Full statement from NU below:
November 29, 2025 at 12:48 AM
Northwestern's President is following the cowardly precedent of Columbia's Shipman by misrepresenting the settlement agreement. The government does not need "authority to dictate" decision-making after a university has agreed to accept its terms!!
Reposted by Milan Markovic
I second the motion to adopt this term.
Hagueseth
Exclusive: Defense Secretary Pete Hegseth gave an order to “kill everybody” in the first strike on suspected drug boats in the Caribbean. After two men survived, the mission commander ordered a second strike to comply with Hegseth’s instructions, according to two sources.
November 28, 2025 at 7:56 PM
I second the motion to adopt this term.
Periodic reminder that Colombia and Venezuela are parties to International Criminal Court. Thus, the Court's jurisdiction extends to crimes committed on vessels registered in those states.
November 28, 2025 at 9:41 PM
Periodic reminder that Colombia and Venezuela are parties to International Criminal Court. Thus, the Court's jurisdiction extends to crimes committed on vessels registered in those states.
Reposted by Milan Markovic
Dem Senators and MoCs shouldn’t be voting for DoD authorization spending legislation as long as Hegseth remains in charge of DoD. This should be basic and a position that Dem Leadership should be whipping while loudly speaking out against war crimes/extra judicial killings funded by our tax dollars.
Textbook war crime/extrajudicial killing
"Two survivors were clinging to the smoldering wreck. The Special Operations commander overseeing the Sept. 2 attack ... ordered a second strike to comply with Hegseth’s instructions."
Report by @alexhorton.bsky.social @ellenwapo.bsky.social o.bsky.social
"Two survivors were clinging to the smoldering wreck. The Special Operations commander overseeing the Sept. 2 attack ... ordered a second strike to comply with Hegseth’s instructions."
Report by @alexhorton.bsky.social @ellenwapo.bsky.social o.bsky.social
Hegseth order on first Caribbean boat strike, officials say: Kill them all
Defense Secretary Pete Hegseth issued a verbal order to kill all crew members in the Sept. 2 strike on a suspected drug boat. Navy SEALs fired a second missile.
www.washingtonpost.com
November 28, 2025 at 6:34 PM
Dem Senators and MoCs shouldn’t be voting for DoD authorization spending legislation as long as Hegseth remains in charge of DoD. This should be basic and a position that Dem Leadership should be whipping while loudly speaking out against war crimes/extra judicial killings funded by our tax dollars.
I would feel better about AI in law if vendors/consultants would stop using the term "workflow."
November 28, 2025 at 7:36 PM
I would feel better about AI in law if vendors/consultants would stop using the term "workflow."
I am not an optimist by nature, but the wanton criminality of the current administration will force even feckless Democrats to take action.
November 28, 2025 at 6:39 PM
I am not an optimist by nature, but the wanton criminality of the current administration will force even feckless Democrats to take action.
I am skeptical that the OLC opinion immunizes the initial strikes under US law; it could not immunize the killing of hors de combat.
Declaring “no quarter” is a war crime.
Even assuming an armed conflict exists.
Even assuming an armed conflict exists.
November 28, 2025 at 6:32 PM
I am skeptical that the OLC opinion immunizes the initial strikes under US law; it could not immunize the killing of hors de combat.
Reposted by Milan Markovic
Hegseth is a cold-blooded murderer. There's no way to dress it up. He's a criminal. And his was precisely the kind of illegal order that those Dem members of Congress urged the military not to follow. www.washingtonpost.com/national-sec...
Hegseth order on first Caribbean boat strike, officials say: Kill them all
Defense Secretary Pete Hegseth issued a verbal order to kill all crew members in the Sept. 2 strike on a suspected drug boat. Navy SEALs fired a second missile.
www.washingtonpost.com
November 28, 2025 at 5:48 PM
Hegseth is a cold-blooded murderer. There's no way to dress it up. He's a criminal. And his was precisely the kind of illegal order that those Dem members of Congress urged the military not to follow. www.washingtonpost.com/national-sec...
Reposted by Milan Markovic
it’s vitally important for the future of this country that this wildly unpopular administration is tied directly to its enablers in congress and the courts and used to discredit the entire conservative movement
Gallup poll | 11/3-11/25
President Trump approval
Disapprove 60% (+6)
Approve 36% (-5)
news.gallup.com/poll/699221/...
President Trump approval
Disapprove 60% (+6)
Approve 36% (-5)
news.gallup.com/poll/699221/...
November 28, 2025 at 4:52 PM
it’s vitally important for the future of this country that this wildly unpopular administration is tied directly to its enablers in congress and the courts and used to discredit the entire conservative movement
No one will remember that Republicans attacked Biden for abandoning Afghan allies. www.pbs.org/newshour/pol...
November 27, 2025 at 2:38 AM
No one will remember that Republicans attacked Biden for abandoning Afghan allies. www.pbs.org/newshour/pol...