April 30, 2021
Law for Non-Lawyers - Standards of Review (A Deep Dive Best of)
Why do property, economic, and other vital liberties get only “rational basis” review?
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What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only […]
Listen NowApril 13, 2021
Bitcoin and the Constitution: Is Code Speech?
And Can the 4th Amendment Keep the Government Out of Your Crypto?
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Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about […]
Listen NowMarch 29, 2021
“Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town
How One Sheriff’s Office Harasses and Arrests Citizens It Suspects of Future Crimes
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When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that […]
Listen NowMarch 11, 2021
Talking to a Client in the Wrong Location Makes This Counselor a Criminal
Restrictions on teletherapy hurt people and violate the First Amendment
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Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if […]
Listen NowFebruary 24, 2021
Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of)
The Whys, Whens, and Hows of Being a Friend of the Court
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IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum […]
Listen NowFebruary 08, 2021
Censorship, Dangerous Speech, and Monopolies
Why a modern day Fairness Doctrine isn’t the solution, what Section 230 really does, and what the current debate has to do with free speech, property rights, and even shopping malls in the 1980s
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Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s […]
Listen NowJanuary 29, 2021
Security Guards Assault Innocent Vet at the VA—and Claim Immunity
An outrageous decision from the 5th Circuit threatens his rights—and those of everyone in three states
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What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him […]
Listen NowJanuary 12, 2021
This Is What Happens When States Abolish Civil Forfeiture
Research shows that policing for profit is a big problem—but it’s one that states can fix
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In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing […]
Listen NowJanuary 04, 2021
Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of)
How Government Officials Can Blow Up Your House with Grenades—and Get Away With It by Claiming Immunity
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Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on […]
Listen NowDecember 28, 2020
Property Rights and Homeless Shelters—What Has the Supreme Court Said?
How one local government board is trying to stop people from helping the homeless—and what the law says about whether they can
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The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been […]
Listen NowDecember 22, 2020
When Can the Government Lock You in Your House? (A Deep Dive Best Of)
Revisiting “Quarantines and the Constitution”
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With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state […]
Listen NowDecember 07, 2020
City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity
How one Texas town retaliated against a citizen for trying to improve her community
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Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts […]
Listen NowNovember 13, 2020
Can the Government Require Warning Labels for Veggie Burgers?
Why the First Amendment should protect the way companies talk about their products
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In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that […]
Listen NowOctober 16, 2020
Law for Non-Lawyers: Precedent
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Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but […]
Listen NowSeptember 29, 2020
California Says These Firefighters Can’t Work—and the Reason Makes No Sense
How a so-called collateral consequence law means California keeps experienced firefighters from earning a living fighting fires
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Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t […]
Listen NowSeptember 08, 2020
How Federal Agents Can Legally Take Your Money at the Airport
The simple trick the feds use to take hundreds of millions of dollars from travelers
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Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever […]
Listen NowAugust 20, 2020
Did the Supreme Court Just Say States Have to Fund Religion?
Unpacking the Court’s Espinoza ruling
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When it handed down Espinoza v. MT Dept. of Revenue this summer, the U.S. Supreme Court added one more facet to a year that has […]
Listen NowAugust 13, 2020
It’s Time to Fund Students, Not Systems
Why the future of education is student-centered
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With an increasing number of parents desperately seeking educational alternatives for the upcoming school year, teachers’ unions and school districts are doubling down on the […]
Listen NowAugust 06, 2020
Can the Government Put Cameras on Your Property Without a Warrant?
Why the 4th Amendment Doesn’t Protect You Like You Think It Does
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Decades ago, the U.S. Supreme Court created the so-called Open Fields Doctrine. The result was an exception to 4th Amendment restrictions on the government’s ability […]
Listen NowJuly 13, 2020
Court Strips Elderly Woman of Her Home and Ruins Her Life
A tree falls on an elderly woman’s home—and a court run without due process or oversight takes everything from her
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After a tree fell on her house, IJ client Sarah Hohenberg’s journey through Memphis’ Environmental Court left her bankrupt, homeless, stripped of her possessions, and […]
Listen NowJune 18, 2020
Why Won’t the Supreme Court Hold Police Accountable?
What’s next in the fight against qualified immunity
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This term the U.S. Supreme Court closely considered eight different petitions dealing with the controversial doctrine of qualified immunity. Ultimately, it denied them all. In […]
Listen NowMay 21, 2020
Can the Government Throw You Out of Work? (Not in Some States!)
Revitalizing Legal Protections for the Right to Earn a Living
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With more Americans out of work than any time in recorded history, whether or not they will be able to earn a living is top […]
Listen NowApril 30, 2020
Current Legal Challenges to COVID-19 Rules
As the coronavirus pandemic upends life and work, we dig into the latest virus-related legal developments.
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We’ve all been watching the unprecedented situation with COVID-19 play out. At IJ, we have a particular interest in what’s happening in the law. This […]
Listen NowApril 03, 2020
When Can the Government Lock You in Your House? Quarantines and the Constitution
IJ Attorneys Discuss States’ Police Powers
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As we all deal with the many changes in day to day life brought about by the coronavirus pandemic, have you ever wondered just what […]
Listen NowMarch 06, 2020
How Government Officials Can Blow Up Your House with Grenades - and Get Away With It by Claiming Immunity
IJ’s new project on immunity and accountability, and why it is so important
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Listeners of the podcast who have also listened to IJ’s Short Circuit podcast are probably familiar with the concept of “qualified immunity.” In this episode, […]
Listen NowDecember 16, 2019
Stories from IJ’s Front Lines
A Conversation with IJ President Scott Bullock About the Cases and Clients that Helped Shape IJ
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Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as […]
Listen NowNovember 22, 2019
Zoning, Excessive Fines and Other Hot Issues in the Law
And Why Judges Should Engage with Them
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We talk with the director of IJ’s Center for Judicial Engagement about a few of the issues the legal community is buzzing about at the […]
Listen NowNovember 14, 2019
Law for Non-Lawyers - Due Process and Equal Protection
Learn the Basics of Constitutional Law
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This discussion is a continuation of our foray into law for non-lawyers. Many people are familiar with the concepts of “due process” and “equal protection,” […]
Listen NowOctober 29, 2019
Law for Non-Lawyers - Standards of Review
Why do property, economic, and other vital liberties get only “rational basis” review?
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What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only […]
Listen NowSeptember 17, 2019
Previewing IJ's Next Case at the United States Supreme Court
What Blaine Amendments Have To Do with Educational Choice
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Never heard the term “Blaine Amendments” before? The U.S. Supreme Court’s decision to hear IJ’s educational choice case Ezpinoza v. Montana Department of Revenue is […]
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