Milan Markovic
@profmarkovic.bsky.social
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
· Dec 11
We lost our beloved dog Monty yesterday. A fiercely independent rescue, with strong likes (sunbathing, toy hedgehogs) and dislikes (rain, horses), he was a part of too many cherished moments to count. Rescuing Monty in 2013 was one of the greatest honors of my life. RIP--you were a very good boy.
Reposted by Milan Markovic
After a generation of one side relentlessly using all of its power to shape the ideological composition of the federal courts, and the other side straining to show everyone how noble they are—fair and measured and eager to bind themselves by the norms of the past—you get this.
“Late Friday night, the Fifth Circuit adopted the extreme minority view—that the government can indefinitely detain without bond millions of non-citizens who have been here for generations; who have never committed a crime; and who pose neither a risk of flight nor any threat to public safety.”
208. The Fifth Circuit Jumps the Immigration Detention Shark
Late Friday, two of the nation's most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected
www.stevevladeck.com
February 7, 2026 at 2:28 PM
After a generation of one side relentlessly using all of its power to shape the ideological composition of the federal courts, and the other side straining to show everyone how noble they are—fair and measured and eager to bind themselves by the norms of the past—you get this.
VanDyke would be a fitting nominee for this administration, but my money is on Judge Ho.
My weekly newsletter is up. Along with the usual assortment of fascism and sadness that is this country’s news cycle, I think Sam Alito just shadow dropped his retirement announcement with his book launch.
Is Samuel Alito Preparing to Disrobe?
In this installment of Elie v. US, our justice correspondent explores the week’s big legal news, including a possible Alito retirement. Also, the anti-trans mob’s latest target: tight clothing.
www.thenation.com
February 6, 2026 at 6:40 PM
VanDyke would be a fitting nominee for this administration, but my money is on Judge Ho.
As I argued then, a lawyer qua advisor has a duty to flag countervailing considerations and authorities. "Not frivolous" isn't the standard. scholarship.law.tamu.edu/facscholar/3...
February 5, 2026 at 11:39 PM
As I argued then, a lawyer qua advisor has a duty to flag countervailing considerations and authorities. "Not frivolous" isn't the standard. scholarship.law.tamu.edu/facscholar/3...
Reposted by Milan Markovic
I am not a Schumer fan--indeed, I think he should step aside--but credit where it's due. He anticipated that Rs would not agree to a set of *extremely* normie demands, and shutting down DHS over that is good politics.
Senate Majority Leader John Thune said Thursday that demands made by Democrats for new restrictions on federal immigration officers are “unrealistic” and warned that the Department of Homeland Security will shut down next week if they do not work with Republicans and the White House.
Homeland Security shutdown grows more likely as Republicans rebuff Democratic demands for ICE
Senate Majority Leader John Thune said Thursday that demands made by Democrats for new restrictions on federal immigration officers are “unrealistic” and warned that the Department of Homeland Secu…
trib.al
February 5, 2026 at 10:16 PM
I am not a Schumer fan--indeed, I think he should step aside--but credit where it's due. He anticipated that Rs would not agree to a set of *extremely* normie demands, and shutting down DHS over that is good politics.
Reposted by Milan Markovic
"except in extraordinary and unusual circumstances" is a big enough loophole for a family of elephants to walk through. www.huffpost.com/entry/democr...
Democrats Ease Up On 1 Of Their Biggest ICE Demands
Masks might still be OK in "extraordinary and unusual circumstances," Senate Minority Leader Chuck Schumer said.
www.huffpost.com
February 5, 2026 at 2:32 AM
"except in extraordinary and unusual circumstances" is a big enough loophole for a family of elephants to walk through. www.huffpost.com/entry/democr...
Reposted by Milan Markovic
Some people will be tempted to think that having the state dictate faculty teaching loads we can repair trust in institutions and avoid authoritarianism when in actuality having the state dictate faculty teaching is part of an authoritarian program.
February 5, 2026 at 12:34 AM
Some people will be tempted to think that having the state dictate faculty teaching loads we can repair trust in institutions and avoid authoritarianism when in actuality having the state dictate faculty teaching is part of an authoritarian program.
Update. They are definitely sensitive about the Free Speech Rankings.
Are law faculty completing FIRE's survey? I am tempted to send a snarky email about the "Free Speech Rankings" instead.
February 4, 2026 at 3:26 PM
Update. They are definitely sensitive about the Free Speech Rankings.
Ms. Le is a 2023 grad. The administration is going to be sending interns to court soon.
This is unreal. An AUSA talking like that in open court is about as close as you can come to a total breakdown. Never heard of anything like it.
February 3, 2026 at 10:46 PM
Ms. Le is a 2023 grad. The administration is going to be sending interns to court soon.
This is a bit of historical revisionism. The idea was that these new firms would provide new delivery models and expand access to justice. But A2J has gone by the wayside as firms chase private equity dollars.
Proponents saw it as a way to help law firms — and small firms in particular — procure funding and resources to innovate and grow.
February 3, 2026 at 10:09 PM
This is a bit of historical revisionism. The idea was that these new firms would provide new delivery models and expand access to justice. But A2J has gone by the wayside as firms chase private equity dollars.
Reposted by Milan Markovic
TAMU AAUP condemns continued TAMU admin censorship, cancellations, misinformation, & betrayal of the public good.
February 2, 2026 at 7:32 PM
TAMU AAUP condemns continued TAMU admin censorship, cancellations, misinformation, & betrayal of the public good.
Reposted by Milan Markovic
Trump to Harvard: 2 billion $
NYT: Harvard to pay 2B$
Harvard: no
Trump: 1B
Harvard: no
NYT: Negotiations intensify
Trump: 200 million
NYT: Harvard-Trump reach deal
Harvard: no
Trump: 0$
Harvard: ok
NYT: Harvard not paying! Trump loses.
Trump: How about 1B$
Harvard: no
NYT: Negotiations resume!
NYT: Harvard to pay 2B$
Harvard: no
Trump: 1B
Harvard: no
NYT: Negotiations intensify
Trump: 200 million
NYT: Harvard-Trump reach deal
Harvard: no
Trump: 0$
Harvard: ok
NYT: Harvard not paying! Trump loses.
Trump: How about 1B$
Harvard: no
NYT: Negotiations resume!
February 3, 2026 at 2:21 PM
Trump to Harvard: 2 billion $
NYT: Harvard to pay 2B$
Harvard: no
Trump: 1B
Harvard: no
NYT: Negotiations intensify
Trump: 200 million
NYT: Harvard-Trump reach deal
Harvard: no
Trump: 0$
Harvard: ok
NYT: Harvard not paying! Trump loses.
Trump: How about 1B$
Harvard: no
NYT: Negotiations resume!
NYT: Harvard to pay 2B$
Harvard: no
Trump: 1B
Harvard: no
NYT: Negotiations intensify
Trump: 200 million
NYT: Harvard-Trump reach deal
Harvard: no
Trump: 0$
Harvard: ok
NYT: Harvard not paying! Trump loses.
Trump: How about 1B$
Harvard: no
NYT: Negotiations resume!
Are law faculty completing FIRE's survey? I am tempted to send a snarky email about the "Free Speech Rankings" instead.
February 3, 2026 at 4:33 PM
Are law faculty completing FIRE's survey? I am tempted to send a snarky email about the "Free Speech Rankings" instead.
President Mnookin's first official act should be to request the resignations of Trustees Shipman and Greenwald.
Columbia administration looking especially craven and incompetent about now.
February 3, 2026 at 2:56 AM
President Mnookin's first official act should be to request the resignations of Trustees Shipman and Greenwald.
Reposted by Milan Markovic
Breaking: Eight more prosecutors are leaving the U.S. Attorney’s Office in Minnesota, including Ana Voss, the current civil division chief, the Star Tribune reports.
www.startribune.com/ice-raids-mi...
www.startribune.com/ice-raids-mi...
February 2, 2026 at 11:36 PM
Breaking: Eight more prosecutors are leaving the U.S. Attorney’s Office in Minnesota, including Ana Voss, the current civil division chief, the Star Tribune reports.
www.startribune.com/ice-raids-mi...
www.startribune.com/ice-raids-mi...
Reposted by Milan Markovic
Resistance works, especially when you have the facts on your side: the entire basis of the complaints is bogus. I don't see why Harvard should give in to the other demands now. cc @profmarkovic.bsky.social
"President Trump has backtracked on a major point in negotiations with Harvard, dropping his administration’s demand for a $200 million payment to the government in hopes of finally resolving the administration’s conflicts with the university, according to four people briefed on the matter."
Trump Drops Demand for Cash From Harvard After Stiff Resistance
www.nytimes.com
February 2, 2026 at 10:18 PM
Resistance works, especially when you have the facts on your side: the entire basis of the complaints is bogus. I don't see why Harvard should give in to the other demands now. cc @profmarkovic.bsky.social
Kudos to Anthony. @mbkplus.bsky.social and I had some thoughts on these types of antics last week. livefromwatthall.transistor.fm/episodes/aga...
February 2, 2026 at 6:54 PM
Kudos to Anthony. @mbkplus.bsky.social and I had some thoughts on these types of antics last week. livefromwatthall.transistor.fm/episodes/aga...
Anthony Davis and a #1 pick should do it.
The Bucks reportedly are sending counteroffers to teams aggressively pursuing a blockbuster Giannis Antetokounmpo trade 👀
Bucks reportedly submitted counteroffers to teams aggressively pursuing Giannis Antetokounmpo trade
The Milwaukee Bucks reportedly sent counteroffers to some of the NBA teams aggressively pursuing a Giannis Antetokounmpo trade.
www.nbcsportsbayarea.com
February 2, 2026 at 4:45 PM
Anthony Davis and a #1 pick should do it.
The "Trump isn't that abnormal a President" takes might have been defensible during Trump 1. They are unseemly now.
This is an odd piece because it seems to be saying, “Roosevelt was just as unilateral as Trump, except he worked through Congress.”
Opinion | What a Comparison With Roosevelt Reveals About Trump
www.nytimes.com
February 2, 2026 at 4:36 PM
The "Trump isn't that abnormal a President" takes might have been defensible during Trump 1. They are unseemly now.
His approval rating is 29% with graduate degrees holders. One reckons that is mostly dentists, plastic surgeons, and lobbyists.
If you're looking for detailed crosstabs showing Trump's current approval rating among various demographic groups in the US, we've published those here: docs.google.com/spreadsheets...
For example, 32% of men under 30 currently approve of Trump's job performance; 67% disapprove.
For example, 32% of men under 30 currently approve of Trump's job performance; 67% disapprove.
Detailed tables: Trump job approval, January 2026
docs.google.com
February 2, 2026 at 3:58 PM
His approval rating is 29% with graduate degrees holders. One reckons that is mostly dentists, plastic surgeons, and lobbyists.
Reposted by Milan Markovic
Reposted by Milan Markovic
Knowingly refusing to correct a false statement of material fact may be of interest to the bar disciplinary authorities in the states where he is licensed
February 1, 2026 at 5:18 PM
Knowingly refusing to correct a false statement of material fact may be of interest to the bar disciplinary authorities in the states where he is licensed
Reposted by Milan Markovic
What a nightmare. “After a week of public outcry over the South Texas Family Residential Center’s treatment of young children behind its walls, the Dilley facility is experiencing a measles outbreak, according to immigration attorney Eric Lee.” @jackiantonovich.bsky.social
Source: Measles outbreak reported at ICE's Dilley family detention facility
DPS troopers stand guard in front of the Dilley detention center during a protest last weekend. After a week of public outcry over the South Texas Family
www.sacurrent.com
February 2, 2026 at 12:22 AM
What a nightmare. “After a week of public outcry over the South Texas Family Residential Center’s treatment of young children behind its walls, the Dilley facility is experiencing a measles outbreak, according to immigration attorney Eric Lee.” @jackiantonovich.bsky.social
Reposted by Milan Markovic
My 10yo just asked me out of nowhere if ICE was going to pick me up. I explained I was a US citizen so this is highly unlikely and that if they did, we would sue the pants off of them. Notably she did not ask her white father.
This is where we’re at.
This is where we’re at.
February 1, 2026 at 11:21 PM
My 10yo just asked me out of nowhere if ICE was going to pick me up. I explained I was a US citizen so this is highly unlikely and that if they did, we would sue the pants off of them. Notably she did not ask her white father.
This is where we’re at.
This is where we’re at.
Reposted by Milan Markovic
This is the U Penn donor who helped push the President out, pushed to eliminate arts & science offerings, and drafted Trumps "compact" with universities.
People like Rowan repeatedly claimed the moral high ground to impose their agenda on students and faculty.
People like Rowan repeatedly claimed the moral high ground to impose their agenda on students and faculty.
Top Apollo Global Management executives including chief Marc Rowan held wide-ranging discussions over the firm’s tax arrangements with Jeffrey Epstein throughout the 2010s www.ft.com/content/092d...
Apollo chief Marc Rowan consulted Epstein on firm’s tax affairs
New files reveal extensive talks between disgraced financier and key decision makers at US private capital firm
www.ft.com
February 1, 2026 at 8:53 PM
This is the U Penn donor who helped push the President out, pushed to eliminate arts & science offerings, and drafted Trumps "compact" with universities.
People like Rowan repeatedly claimed the moral high ground to impose their agenda on students and faculty.
People like Rowan repeatedly claimed the moral high ground to impose their agenda on students and faculty.
Reposted by Milan Markovic
"A crypto venture linked to Donald Trump accepted a half-billion-dollar investment backed by an Abu Dhabi royal days before the US president’s inauguration."
The level of corruption in this administration...
www.ft.com/content/188b...
The level of corruption in this administration...
www.ft.com/content/188b...
Abu Dhabi royal bought big stake in Trump family crypto venture
Investors backed by Sheikh Tahnoon bin Zayed al-Nahyan put half a billion dollars into World Liberty Financial
www.ft.com
February 1, 2026 at 9:44 PM
"A crypto venture linked to Donald Trump accepted a half-billion-dollar investment backed by an Abu Dhabi royal days before the US president’s inauguration."
The level of corruption in this administration...
www.ft.com/content/188b...
The level of corruption in this administration...
www.ft.com/content/188b...