If someone sends you an unsolicited text message are you “injured”? In a constitutional sense, that is. Bob Belden swoops back to the podcast to explain the latest en banc business from the Eleventh Circuit on texting, common law causes of action, Article III of the Constitution, and Office Space. Your host then gives him a quick summary of The Case of the Thorns. After that we cross the continent to the Ninth Circuit where first-time guest Christian Lansinger tells us of a dissent from a denial of en banc (dissental?) on the state-created danger doctrine. The facts are disturbing, but the issue is one that might be going to the Supreme Court soon.
Recent Episodes
Short Circuit 438 | The Strike Zone for Ultra Vires
If you like stories of co-workers showing up at your door at night and threatening you and your family then we have the episode for […]
Listen NowShort Circuit 437 | Privately Racing the Nondelegation Doctrine
An old friend rejoins the show, the Horseracing Integrity and Safety Act of 2020. It’s been trotting around the federal courts of appeals for a […]
Listen NowShort Circuit 436 | Retaliatory Justice
If you like the drama of local politics you’ll love this story, told by IJ’s Christian Lansinger, from the Sixth Circuit. A colorful and controversial […]
Listen NowShort Circuit 435 | 1776 and Judicial Review
Happy America’s 250th! To celebrate, we’re doing things the IJ Way, tying in the events of 1776 to something that emerged a few years later […]
Listen Now