Short Circuit 176 | Conjunction Junction, what’s your function?
Podcast (short-circuit): Play in new window | Download
There’s this mysterious word in English that courts love to talk about, the Notorious A-N-D. Does it, in fact, mean “and?” Or does it mean “or?” The correction interpretation of the First Step Act—and a lot of years in prison for a lot of people—ride on the answer. Wesley Hottot explains how the Ninth Circuit and the Eleventh Circuit recently disagreed on this fundamental question. And can you sue over an unsolicited text message? Alexa Gervasi tells us what the Fifth Circuit said about this question, including how it relates to a public nuisance.
Transcript: https://ij.org/wp-content/uploads/2021/06/Short-Circuit-176_otter-FINAL.pdf
United States v. Garcon, https://media.ca11.uscourts.gov/opinions/pub/files/201914650.pdf
United States v. Lopez, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/21/19-50305.pdf
Cranor v. 5 Star Nutrition, LLC, https://www.ca5.uscourts.gov/opinions/pub/19/19-51173-CV0.pdf
Justice Paul Thissen, When Rules Get in the Way of Reason: One judge’s view of legislative interpretation, https://cdn.ymaws.com/mcaa-mn.org/resource/resmgr/files/mcaa_news/J_Thissen_article_in_Bench_a.pdf
Alexa Gervasi, https://ij.org/staff/alexa-gervasi/
Wesley Hottot, https://ij.org/staff/whottot/
Anthony Sanders, https://ij.org/staff/asanders/
iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? [email protected]
Recent Episodes
Short Circuit 449 | Supreme Court Preview
Our annual Supreme Court term preview, this year from Wake Forest Law and released today, First Monday, the first day of the Supreme Court’s new […]
Listen NowShort Circuit 448 | Are Prediction Markets Legal?
We’ve all seen the ads for prediction markets, like Kalshi, and some of us have even placed bets with them. But are they actually “bets”? […]
Listen NowShort Circuit 447 | How Constitutional Are Your Claims?
We focus on a district court case that has appellate court explanatory power. As our special guest Professor Robert Steinbuch says, if you reside in […]
Listen NowShort Circuit 446 | SWAT Teams at the Supreme Court
Say a gaggle of police with military-grade toys fire a boatload of tear gas into a home and then run in and break a bunch […]
Listen Now