Annual Statement, 2023

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 81,587 (+38% over 2022)

Total unique visitors: 81,357 (+57% over 2022)

Total pageviews: 120,609 (+70% over 2022)

Top referrers:
Twitter (9189)
Reddit (3558)
LinkedIn (3548)
Leiter’s Law School Reports (3051)
TaxProf Blog (2830)
Buzzfeed (2001)
Instapundit (1080)
Reuters (562)

Most popular content (by pageviews):
Ranking the most liberal and conservative law firms among the top 140, 2021 edition (November 8, 2021) (23,677)
Modeling and projecting USNWR law school rankings under new methodologies (January 18, 2023) (8851)
Projecting the 2024-2025 USNWR law school rankings (to be released March 2024 or so) (May 15, 2023) (8124)
What does it mean to “render unto Caesar”? (May 3, 2020) (5057)
California’s “baby bar” is not harder than the main bar exam (May 28, 2021) (4314)
Who's likely to benefit from the new USNWR law school rankings formula? (January 2, 2023) (3161)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2023).

Sponsored content: none

Revenue generated: none

Disclosure statement

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2023: one (Derek Muller)

*Over the course of a year, various spam bots may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.

**Google switched its analytics platform midyear. It is possible that some categories are overinclusive and others are underinclusive due to overlapping or mismatched data.

Annual Statement, 2022

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 58,935 65,305 (-10% over 2021)

Total unique visitors: 51,745 (-7% over 2021)

Total pageviews: 70,822 (-12% over 2021)

Top referrers:
Twitter (4396)
Revolver.news (4240)
Leiter’s Law School Reports (1494)
Instapundit (760)
Reddit (518)
TaxProf Blog (469)
How Appealing (386)
David Lat’s Substack (195)

Most popular content (by pageviews):
What does it mean to “render unto Caesar”? (May 3, 2020) (11,606)
Ranking the most liberal and conservative law firms among the top 140, 2021 edition (November 8, 2021) (9426)
Federal judges have already begun to drift away from hiring Yale Law clerks (March 19, 2022) (8911)
Ranking the most liberal and conservative law firms (July 16, 2013) (3143)
Some dramatic swings as USNWR introduces new bar exam metric (March 28, 2022) (3107)
California’s “baby bar” is not harder than the main bar exam (May 28, 2021) (1308)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2022).

Sponsored content: none

Revenue generated: none

Disclosure statement

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2022: one (Derek Muller)

*Over the course of a year, various spam bots may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.

Annual Statement, 2021

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 65,305 (89,497) (-27% over 2020)

Total unique visitors: 55,492 (76,237) (-27% over 2020)

Total pageviews: 80,606 (110,074) (-27% over 2020)

Top referrers:
Twitter (3292)
Leiter’s Law School Reports (1421)
Facebook (1053)
TaxProf Blog (659)
Reddit (478)
Reason (124)

Most popular content (by pageviews):
Ranking the most liberal and conservative law firms (July 16, 2013) (7937)
California’s “baby bar” is not harder than the main bar exam (May 28, 2021) (7185)
What does it mean to “render unto Caesar”? (May 3, 2020) (6846)
Ranking the most liberal and conservative law firms among the top 140, 2021 edition (November 8, 2021) (5385)
Which law schools have the best and worst debt-to-income ratios among recent graduates? (Nov. 21, 2019) (2705)
Scrutinizing one voter fraud allegation: did 42,000 people vote more than once in Nevada in 2020? (December 23, 2020) (2361)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2021).

Sponsored content: none

Revenue generated: none

Disclosure statement

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2021: one (Derek Muller)

*Over the course of a year, various spam bots may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.

Contributing to the Election Law Blog

I’m honored that Professor Rick Hasen has invited me, along with an all-star cast of election law scholars, to join as a contributor to the Election Law Blog. I’ll continue to blog here, of course, especially on legal education and federal courts issues, but I’ll also occasionally cross-post more in-depth content on election law issues.

A Twitter hiatus

What’s a blog if not a place for musing…?

For some time last year, I tried to engage as little as possible on Twitter, relying instead on posting blog links there. I tried to continually delete my tweets over time. I assiduously avoided reading or engaging in replies, which I’ve often found were some of the worst parts of Twitter. Increasingly over the last few months, I engaged more in the face of extensive election litigation. I also found a lot—a lot—of false election law claims arising on Twitter, particularly by defenders of President Donald Trump’s conspiracies about the election.

My goal at the beginning of the election season was to really taper back my Twitter use after the convening of the Electoral College January 6. But I ended up doing it a few hours earlier than I expected.

I am increasingly frustrated with the echo chambers of social media, the “virality” of false claims, the addiction of “likes” and new followers, the time spent on trivialities, and more.

If it sounds familiar, it should, because I said similar things three years ago. Womp womp.

Cutting back on my use of Twitter (and other digital sources, to be frank) improved my spiritual life, my scholarship, my recreational reading, and my exercise habits. What a terribly sad statement about my own self control….

When I’d cut back before, I’d still push this blog’s content to Twitter. I won’t even do that anymore.

I tried to cut back, but I think I’ll take the rest of the year off. Or so I hope. I felt acutely aware of it as I felt ill watching rioters storm the Capitol. Much of this arose because of social media communities spreading falsehoods. I don’t know that I can think of much good regulation of Twitter that can take place, either public or private. But I do know that I can remove myself from assisting its growth.

Maybe I’ll return. Maybe things will improve. Maybe I’m overreacting based on a moment in time. But I think it’s worth stepping away for a bit. The print edition of the Wall Street Journal each morning, and my Feedly RSS subscriptions, will, I hope, be adequate without, shall we say, “doomscrolling.” Ostensibly, I like to think it’s more about Twitter. But, really, on reflection, it’s more about me.

This post has been updated.

Annual Statement, 2020

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 89,497 (+13.8% over 2019)

Total unique visitors: 76,237 67,446 (+13% over 2019)

Total pageviews: 110,074 94,053 (+17% over 2019)

Top referrers:
Twitter (5995)
Election Law Blog (2020)
Facebook (1822)
Pajamas Media (1624)
TaxProf Blog (888)
The Epoch Times (584)
USA Today (535)
Reason (491)
Above the Law (449)
Reddit (347)
PrawfsBlawg (220)
Leiter’s Law School Reports (213)

Most popular content (by pageviews):
Ranking the most liberal and conservative law firms (July 16, 2013) (11,568)
Four (unlikely) ways the 2020 presidential election ends up in the House of Representatives (Sept. 28, 2020) (2202)
Justice Ginsburg turns the “Purcell Principle” upside down in Wisconsin primary case (Apr. 6, 2020) (2138)
A few Microsoft Word keyboard shortcuts for legal writing (Oct. 4, 2019) (2041)
What about “J.D. advantage” jobs? (Apr. 23, 2014) (1992)
Which law schools have the best and worst debt-to-income ratios among recent graduates? (Nov. 21, 2019) (1960)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2020).

Sponsored content: none

Revenue generated: none

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2020: one (Derek Muller)

*Over the course of a year, various spam bots may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.

Why I don't sign open letters or group amicus briefs

Over the course of my ten-year academic career, I’ve regularly been invited to sign an open letter in support or opposition to a particular cause, or to join a group amicus brief in a particular case. Sometimes these are generic groups (e.g., lawyers, law professors, etc.), and sometimes they purport to represent a collective interest at an institution or of an academic discipline.

It’s been my policy not to sign open letters or group amicus briefs, for any reason and under any circumstances. I thought I’d share why.

The first is a matter of control and ownership of the idea. Too often, the collective work has to be watered down and sufficiently generalized to attain broader support. Specific legal arguments become general platitudes. Interesting avenues of scholarly inquiry become rather bland, repetitive arguments found elsewhere. I’ve often found sole author amicus briefs particularly interesting, and I finally made a foray into this world this year. Controlling the work means offering particular insight. That’s not to say that co-authored amicus briefs or group letters might not be interesting, too. But it’s to say that a “please sign onto this” request generating sometimes thousands of signatories means that it’s not really about the specific contours of what’s being described or advanced.

The second is a matter of easing pressure. Open letters in particular seem (sadly) to signal to the world a false logical argument: those who signed this letter support X, therefore those who did not sign this letter do not support X. This is a particular concern for letters that purport to come from an institution or affinity group. My refusal to sign that letter inevitably can bring heat or criticism from those who observe my lack of signature. (My hope is individual discussion with them is more fruitful; more on that below.) If others truly oppose it on the merits, or simply prefer not to speak up (say, those in positions with less job security than I have), my refusal to sign can help ease pressure for them to know they are not alone.

The third is a matter of persuasiveness. Too often, these collective activities are not about persuasion. They are about signaling to the public one’s support or opposition to a particular cause, or signaling to one’s peers that one is an ally of said cause. Persuasion, I’ve found, is not best found in such demonstrative public acts, but in the careful and often difficult conversations that we may have one on one with each other, or in deliberate dialogue, or in the kind of focused scholarship (too often absent, as my first concern raises) that can help illuminate an issue. Open letters or group amicus briefs are addressing different audiences, and, I think, different modes of persuasion may be preferably for each.

All these reasons are not to cast aspersions on those who do sign such letters or briefs. Some may legitimately conclude that the ideas in many such open letters or group amicus briefs are sufficiently valuable; some may legitimately conclude that the cost of silence is greater than the cost of pressuring non-signatories or stirring divisions; some may legitimately believe that these tools can persuade. For me, however, I’ve found the evidence to come down against them in each case. And it’s simply become easier to have a straightforward rule that I can apply consistently and universally.

I have signed one kind of group letter, however. On three occasions (as of this writing, I think), I signed letters to the Senate Judiciary Committee advocating for a judicial nominee’s confirmation. These aren’t “open letters,” but I’m sure they are a matter of public record if one seeks them out. These were nominees I knew personally and could vouch for, and I treated them like a letter of recommendation. I could agree with everything in the letter about the person’s work, ethic, and character. One I helped draft, two I joined after they were drafted.

I’ve turned down many, many other opportunities, including for recent Supreme Court nominations, to sign onto letters, not the least of which was that I simply had never met the person, much less could vouch for the nominee’s character.

Again, I’m sure others have other views on this matter, and others may reach different conclusions. I hardly think my idiosyncrasies (like, say, having a non-revenue-generating blog) will be the norm. But I thought it would be useful to share my particular views.

Annual Statement, 2019

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 78,617 (+9.1% over 2018)

Total unique visitors: 67,446 (+7.7% over 2018)

Total pageviews: 94,053 (-6% over 2018)

Top referrers:
Twitter (5496)
Facebook (1720)
Pajamas Media (1646)
TaxProf Blog (888)
Election Law Blog (260)
ABA Journal (154)
Reddit (127)

Most popular content (by pageviews):
Ranking the most liberal and conservative law firms (July 16, 2013) (17,707)
Which law schools have the best and worst debt-to-income ratios among recent graduates? (Nov. 21, 2019) (4169)
California’s leak of bar exam topics should have little if any impact on likelihood of passing (July 28, 2019) (2953)
Politifact fact-check: the Ninth Circuit is, in fact, the most reversed federal court of appeals (Feb. 20, 2017) (2857)
In Memoriam: Professor John Copeland Nagle (May 18, 2019) (2404)
The best prospective law students read Homer (Apr. 7, 2014) (2122)
Law school ruin porn hits USA Today (Jan. 28, 2019) (2121)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2019).

Sponsored content: none

Revenue generated: none

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2019: one (Derek Muller)

*Over the course of a year, various spam bots may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.

Annual Statement, 2018

Site disclosures

Total operating cost: $192

Total content acquisition costs: $0

Total site visits: 74,081* (-9.7% over 2017)

Total unique visitors: 62,638 (-8.5% over 2017)

Total pageviews: 101,049 (-11% over 2017)

Top referrers:
Twitter (2045)
Reddit (1312)
Facebook (584)
ABA Journal (470)
Blogarama (216)
Top-Law-Schools (164)
Election Law Blog (115)
SCOTUSBlog (92)

Most popular content (by pageviews):
Ranking the most liberal and conservative law firms (July 16, 2013) (19,051)
Visualizing the 2018 U.S. News law school rankings--the way they should be presented (Mar. 14, 2017) (6218)
Politifact fact-check: the Ninth Circuit is, in fact, the most reversed federal court of appeals (Feb. 20, 2017) (3760)
February 2017 MBE bar scores collapse to all-time record low in test history (Apr. 7, 2017) (3251)
Where are they now? Supreme Court clerks, OT 2007 (Sept. 22, 2017) (2627)
The best prospective law students read Homer (Apr. 7, 2014) (2449)

I have omitted "most popular search results" (99% of search results not disclosed by search engine, very few common searches in 2018).

Sponsored content: none

Revenue generated: none

Platform: Squarespace

Privacy disclosures

External trackers: one (Google Analytics)

Individuals with internal access to site at any time in 2018: one (Derek Muller)

*Over the course of a year, various spam bots from sites like Semalt, Adfly, Snip.to, and others may begin to visit the site at a high rate. As they did so, I added them to a referral exclusion list, but their initial visits are not disaggregated from the overall totals. These sites are also excluded from the top referrers list. Additionally, all visits from my own computers are excluded.