Episodios

  • Short Circuit 334 | Only Mostly Dead

    Short Circuit 334 | Only Mostly Dead
    Jul 26 2024
    It’s time for Short Circuit to head for the hills. Two cases from the mountainous Tenth Circuit, one on the Fourth Amendment and another on the Bivens doctrine. First, Bob Belden of IJ saddles up for a 911 call that may have led to the wrongful arrest of a Super Bowl reveler. What is enough evidence from an anonymous tip to stop a supposedly shady suspect? Not as much as was in a parking lot full of Broncos fans. Then your host gives an update on a terrorist who has been in prison for quite some time. He seems to have a good claim against his prison guards. But does the method for bringing that claim even still exist? And whether or not it exists can the government immediately appeal when a court says it does? It’s a quantum-mechanical question. U.S. v. Daniels Mohamed v. Jones In Search of Schrödinger’s Cat Free Fire by C.J. Box The Perfect Crime
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    53 m
  • Short Circuit 333 | Live at Hogan Lovells!

    Short Circuit 333 | Live at Hogan Lovells!
    Jul 18 2024
    We join forces with the law firm of Hogan Lovells to bring you some “legal mumbo jumbo”—an episode recorded at their offices in Washington, D.C. before a gaggle of law students. Joining your guest host, IJ’s Ben Field, are IJ attorney Kirby Thomas West plus two of Hogan’s finest, appellate attorneys Sean Marotta and Danielle Desaulniers Stempel. Danielle begins things with a Fifth Circuit opinion about silencers and standing. Apparently the plaintiffs were a little silent about any harms that have befallen them. Then it’s on to Sean for a lesson about what makes the world go round. Funnily enough, it’s not money but shipping containers. That is, as the D.C. Circuit recounts, until a federal agency starts tacking into shipping contracts. Finally, Kirby brings us up to the First Circuit for a story of TikTok, retaliation, and judicial opinions that maybe aren’t as funny as their authors think they are. Paxton v. Dettelbach Evergreen Shipping Agency v. FMC Macrae v. Mattos Short Circuit episode on standing
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    41 m
  • Short Circuit 332 | Not-So Government Speech

    Short Circuit 332 | Not-So Government Speech
    Jul 11 2024
    This episode is a First Amendment 2-4-1. We begin with James Dickey of the Upper Midwest Law Center (and former golf pro). James tells us about a recent case he argued at the Eighth Circuit concerning the “government speech” doctrine. If a public school lets some people—but not others with a different viewpoint—come in and hang posters is that just fine because it’s the “government” speaking? In keeping with some recent Supreme Court rulings, the court said no, letting the case go forward. Then IJ’s campaign finance guru Paul Sherman steps forward to tease out a confusing opinion of the Second Circuit about a New York law that allows big contributions to big political parties but much smaller contributions to much smaller groups. It seems the reasoning is that major parties are above suspicion. Can that be right? Paul doesn’t think so. Cajune v. Ind. Sch. Dist. 194 Upstate Jobs Party v. Kosinski Huizenga v. Ind. Sch. Dist. 11
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    51 m
  • Short Circuit 331 | The British Are Coming

    Short Circuit 331 | The British Are Coming
    Jul 2 2024
    The Fourth of July holds a central place in American history. The day patriots threw off the shackles of King George. Which is why it’s a little ironic that this year it’s the day the British are holding a general election to democratically chose their government. To cash in on this coincidence, this episode highlights some recent cases that reflect the heritage of 1776 and also Anglo-American relations of the present day. And, breaking our usual mold, we start with a case from the Supreme Court, SEC v. Jarkesy. Rob Johnson of IJ joins us to explain why this case is such a big deal for the right to a jury trial, and how the preservation of that right was one of the causes of the Revolution itself. Then, Andrew Ward of IJ tells a much more modern story of a burglary of a British diplomat’s Texas home. The burglar was caught and plead guilty. But he wasn’t pleased with a limitation on his right to “drink excessively.” Andrew tells the whole Fifth Circuit story, and also provides education on what exactly a “consul general” does these days. SEC v. Jarkesy US v. Woods Anthony’s piece “America is not British” British Constitution episode
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    47 m
  • Short Circuit 330 | Pretext Takings

    Short Circuit 330 | Pretext Takings
    Jun 28 2024
    Everybody knows that the government can’t take property from you just because it doesn’t like you. But what if the government says it actually wants to turn the property into a park even though everybody knows it’s because it doesn’t like you? Recently the Second Circuit said that was A-OK. We had on IJ’s Jeff Redfern, an attorney in the case, to talk about this example of eminent domain abuse and how it’s now potentially heading to the Supreme Court. It involves a family that wanted to build a hardware store and a town that did everything it could to stop them. After that we hear from Jason LaFond, a Texas litigator with some Texas-sized stories. Especially one from the Supreme Court of Texas, which recently ruled on whether it violated the Texas Constitution for the state legislature to get rid of some claims related to pandemic shutdowns and lost tuition. The case gets into originalism in state constitutions, how different constitutions in the same state relate to each other, and the continuing fallout of pandemic policy. Brinkmann v. Town of Southold Hogan v. SMU Cert Petition in Brinkmann Rational Basis with Economic Bite Ratification by Pauline Maier
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    1 h y 7 m
  • Short Circuit 329 | Much Ado About Nothing

    Short Circuit 329 | Much Ado About Nothing
    Jun 22 2024
    Is “perceived speech” protected by the First Amendment? That straightforward question goes in a very complicated direction when a truck driver is fired from his government job. Christie Hebert of IJ joins us to explain this highly confusing tale from the Tenth Circuit. Then it’s pass-the-popcorn time with some Fifth Circuit drama, served up by IJ’s Rob Johnson. We heard in a recent episode about the objection to a transfer of venue in a challenge to a new rule about credit cards. Well, that same matter is already back at the Fifth Circuit concerning another attempt to transfer venue, replete with more intra-circuit squabbling. We also discuss forum shopping when it comes to nationwide injunctions. Avant v. Doke In re Chamber of Commerce (June 18, 2024) Short Circuit 319 Much Ado, Act III, Scene 1
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    39 m
  • Short Circuit 328 | A Modest Proposal

    Short Circuit 328 | A Modest Proposal
    Jun 13 2024
    It’s a Short Circuit Live, recorded at the Institute for Justice’s annual law student conference! Patrick Jaicomo is your host, and he brings along IJ’s Michael Bindas and Katrin Marquez to dig into two very different but thought-provoking decisions for the young legal minds in the “studio” audience (and yours too, of course, dear listener). First, Michael reports on a decision from the Eleventh Circuit that on its face is a standard insurance and indemnification case. But, Judge Newsom adds a concurrence that will take your mind to different—and artificial?—places. Should we be asking our new AI Overlords what the meaning of words are? The panel thinks it’s perhaps not insane to look into, as does the judge. Then, Katrin reports on another Eleventh Circuit case with a civil rights violation that was so obvious that the court denied qualified immunity even though there was no on-point precedent. Listener beware, though, as it involves the loss of a dog. It does portend, however, some Hope for the future. Snell v. United Specialty Ins. Co. Plowright v. Miami Dade County Hope v. Pelzer
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    55 m
  • Unpublished Opinions 7 | Ignorant Bliss

    Unpublished Opinions 7 | Ignorant Bliss
    Jun 10 2024
    Another episode of that podcast that’s not Short Circuit but features Institute for Justice attorneys talking about the law. Anya Bidwell rejoins the panel while she waits for the opinion in her Supreme Court case, Gonzalez v. Trevino. She says a few things about the Court’s recent ruling in NRA v. Vullo, a different First Amendment retaliation case. Multifactor tests are balanced as well. Then, Diana Simpson of IJ gives her thoughts on appeals in the middle of a case, and how often the rules concerning them are bent in favor of the government. The panel touches on ghostwritten briefs and whether there’s anything wrong with the practice. They close by figuring out what is a “spectacle” in the legal arena versus what’s just news. NRA v. Vullo Ghostwriters article Diana’s Texas Mechanic case In AI we trust
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    1 h y 1 m