December 21, 2022

12 Days of Short Circuit Christmas

A very short episode for the Holidays. Sung by members of the Institute for Justice. Click to listen, but here are the words: On the […]

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December 16, 2022

Short Circuit 250 | Thanksgiving for the Arrest

One of our oldest friends (well, not really a “friend”) is back, the rational basis test. Turns out the government can justify refusing to give […]

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December 08, 2022

Short Circuit 249 | Licensed to Work

For millions of lower-income Americans, state licensing laws make finding work or opening a small business harder and more expensive—if not outright impossible. So claims […]

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December 02, 2022

Short Circuit 248 | “I Declare Bankruptcy”

Money makes the world go round. And sometimes the Constitution and our civil rights laws help money out with that. We examine a couple recent […]

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November 23, 2022

Short Circuit 247 | Off to the Races

Just in time for Thanksgiving we have two extremely juicy opinions (from a judicial engagement standpoint), one about the right to earn a living and […]

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November 18, 2022

Short Circuit 246 | The Unholy Trinity

We’re joined by two friends from the MacArthur Justice Center, Emily Washington and Eric Foley, to tell us all about a blood-boiling case of prosecutorial […]

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November 07, 2022

Short Circuit 245 | A Texas-Sized “And”

Everything’s big in Texas. Including that famous English conjunction “and.” For the first time on Short Circuit we have two IJ attorneys based in the […]

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November 02, 2022

Short Circuit 244 | Election Special 2022

When Americans vote it usually means one other thing. Americans suing. And this year is no different. Diana Simpson of IJ joins us, as she […]

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October 28, 2022

Short Circuit 243 | Live From New York It’s Short Circuit!

We recorded an episode live before an audience in New York City! NYC is home to the United States Court of Appeals for the Second […]

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October 20, 2022

Short Circuit 242 | CON Law at SCOTUS

The Institute for Justice has asked the Supreme Court to take a case challenging Kentucky’s Certificate of Need law (aka a “CON law”—very much a […]

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October 13, 2022

Short Circuit 241 | Pretext for a Traffic Stop

The Supreme Court has said that once the police find a reason to pull you over, they can pull you over—even if that’s not at […]

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October 07, 2022

Short Circuit 240 | Live at Columbia Law!

Enjoy some intra-Ivy League ribbing with two Yale grads talking law and clerkships from deep inside New York’s oldest university. Short Circuit welcomes David Lat […]

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September 29, 2022

Short Circuit 239 | SCOTUS Preview Live from UNC

What’s new in OT22? Quite a bit, it turns out. This is our sixth annual Short Circuit Live Supreme Court Preview from the University of […]

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September 22, 2022

Short Circuit 238 | Dude, Where’s My Passport?

If a doctor says a prisoner needs to take his medication, and you’re a prison guard, you should give the prisoner his medication. A number […]

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September 16, 2022

Short Circuit 237 | Live at the University of Montana

It’s the first Big Sky Short Circuit! Recorded in front of students at the University of Montana School of Law, we examine three cases from […]

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September 08, 2022

Short Circuit 236 | Constitutions and Common Law

When you sue the government for violating your rights do you first need the government’s permission? Unfortunately, the answer is usually “yes.” We look at […]

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September 02, 2022

Short Circuit 235 | Smelly Short-Term Rental Laws

We all know that guests, like fish, begin to smell after three days, But what about short-term rental ordinances? We look at a pair of […]

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August 26, 2022

Short Circuit 234 | Treaties With Tribes

Do you know your Indian Law from your Tribal Law? If not, Minnesota appellate attorney Scott Flaherty joins us to discuss a recent Seventh Circuit […]

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August 22, 2022

Short Circuit 233 | Frozen Lawns and Nashville Blues

Property rights leads the way this week, with a little bit of intervention thrown in. Paul Avelar of IJ joins us to present a Sixth […]

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August 09, 2022

Short Circuit 232 | Abolish the Zoning

We welcome Nolan Gray on this week, author of the new book Arbitrary Lines: How Zoning Broke the American City and How to Fix It. […]

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August 04, 2022

Short Circuit 231 | Focus on What Matters

A couple cases this week where federal courts, at least in part, paid attention to the right things. Joined by the leaders of IJ’s Project […]

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July 28, 2022

Short Circuit 230 | Immunities Denied and Federal Court for Trump Prosecution

Georgia criminal defense attorney Andrew Fleischman joins us to talk about a unicorn. Yes, the Eleventh Circuit recently found a state prosecutor was not absolutely […]

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July 22, 2022

Short Circuit 229 | Recording the Police

The First Amendment protects your right to record the police. Yes, we already knew that, said the Tenth Circuit. Um, you did? Dan Alban presents […]

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July 15, 2022

Short Circuit 228 | No Portable Signs

A town made it illegal to hold a sign. Anywhere. Really, just holding a sign is illegal. Sound like a First Amendment violation? That’s what […]

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July 07, 2022

Short Circuit 227 | Salt Mines and Open Fields

Ever worked in a salt mine? It seems some non-union employees hadn’t either when their boss joked that they might be sent to one. That […]

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July 01, 2022

Short Circuit 226 | Short Circuit Live Constitutional GPA

Recorded live at UCLA, we’re introducing a new study from the Institute for Justice: Constitutional G.P.A., is your Government Preventing Accountability? The study grades each […]

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June 23, 2022

Short Circuit 225 | Supreme School Choice Victory

On a special Short Circuit, we sit down with Michael Bindas, a senior attorney at the Institute for Justice and lead attorney in Carson v. […]

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June 16, 2022

Episode 224 | Cameras on Poles Recording Everything

It’s just so easy these days to put a camera on a pole and record everything that happens in someone’s front yard for eight months. […]

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June 10, 2022

Short Circuit 223 | Clerks and Harassment

We discuss a couple legal immunities, one listeners will be familiar with and one that’s pretty unknown. The second is being addressed by our special guest, Aliza Shatzman. She is the co-founder of The Legal Accountability Project, a new nonprofit whose mission is to ensure that as many law clerks as possible have positive clerkship experiences while extending support and resources to those who do not. Aliza had a harrowing experience as a law clerk and found that the laws that apply to other government employees often don’t extend to those in the judicial branch. She also presents a recent case from the Fourth Circuit about a judicial branch employee who brought a number of claims to try and get around sovereign immunity—and actually succeeded on a few of them. Then Kirby Thomas West of IJ discusses a Fifth Circuit case with terrible facts, but a good outcome on the qualified immunity front.

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June 06, 2022

Short Circuit 222 | Live at IJ’s Law Student Conference

Recording in front of a live audience at the 2022 Institute for Justice’s Law Student Conference, we look at some of the best, and some of the worst, from the Fourth Circuit. First, Justin Pearson explains why a restriction on “political” advertising on the side of buses was unconstitutional even though it recognized the side of a bus is not a “public forum.” Then, Michael Bindas gives us his best sommelier (or is it wino?) impersonation and discusses a tipsy opinion allowing North Carolina to prevent out-of-state retailers from shipping wine to the state’s consumers. It’s pretty much not what the Supreme Court has said about the dormant Commerce Clause and alcohol.

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