October 01, 2021
Short Circuit 191: Judicial Activism for Reals
Frustrated with the deeply complicated issue of homelessness on Los Angeles’s skid row, a district court took the law into its own hands and ordered […]
Listen NowSeptember 23, 2021
Short Circuit 190: A Crime a Day in Prison
Mike Chase, author of “How to Become a Federal Criminal” and the man behind the @CrimeADay Twitter account, joins us to lay out the Eighth […]
Listen NowSeptember 17, 2021
Short Circuit 189 | Supreme Court Preview, OT 2021
For the fifth year in a row the Center for Judicial Engagement travels to the University of North Carolina School of Law to preview the […]
Listen NowSeptember 02, 2021
Short Circuit 188 | Chalked Tires and the Other ACA
Ever rolled your tires to try and cover up the meter maid’s chalk mark? No, me neither . . . But even if you haven’t, […]
Listen NowAugust 26, 2021
Short Circuit 187 | How Binding Is Your Dicta?
The Third Circuit allowed a Second Amendment case challenging Robinson Township’s new zoning ordinance to proceed. Did they town change their zoning laws just to […]
Listen NowAugust 12, 2021
Short Circuit 186 | Chillin’ With Uber
Usually a “chill” on your freedom of speech is the easiest constitutional injury to prove. But in the Tenth Circuit it seems if you speak […]
Listen NowAugust 05, 2021
Short Circuit 185 | Guns and Football
More on two of America’s favorite subjects this week. Josh House rejoins us as we analyze six separate opinions about one football coach. Josh last […]
Listen NowJuly 28, 2021
Short Circuit 184 | California Constitutional Dreaming
On a special Short Circuit we look at the Constitution, and the constitutional history, of the Golden State. With two state constitutions and conventions in […]
Listen NowJuly 23, 2021
Short Circuit 183 | Expectations of Surveillance
The Supreme Court has said a “search” occurs when the police invade your “reasonable expectation of privacy.” So what is a “reasonable expectation” to be […]
Listen NowJuly 15, 2021
Short Circuit 182 | Putting the Protection in “Equal Protection”
Today we think of the Equal Protection Clause as requiring equal treatment of the laws. But in addition to anything else it covers, at its […]
Listen NowJuly 08, 2021
Short Circuit 181 | Mandatory Associations
It’s not often that we get three different appellate opinions on the same issue in one week. But recently the Fifth Circuit (twice) and the […]
Listen NowJuly 02, 2021
Short Circuit 180 | A Fifth of Qualified Immunity
The Fifth Circuit is not boring. In just one week they served up enough qualified immunity cases to fill an entire episode, and then some. […]
Listen NowJune 24, 2021
Short Circuit 179 | Taking Bees with the Police Power
Something that is not the bee’s knees is when the county mosquito sprayers forget to tell you to cover up your bees so they don’t […]
Listen NowJune 17, 2021
Short Circuit 178 | First Amendment Home Design
If I express myself through designing a new house, is that expression protected by the First Amendment? Last week the Eleventh Circuit avoided that question […]
Listen NowJune 11, 2021
Short Circuit 177 | When Are Judges “Too Cool?”
How many pop culture references can a judge make in an opinion before we start to cringe? “Dean” of #AppellateTwitter Raffi Melkonian joins us to […]
Listen NowJune 04, 2021
Short Circuit 176 | Conjunction Junction, what’s your function?
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 […]
Listen NowMay 28, 2021
Short Circuit 175 | Tax Takings and Reservation Creation
Can the county foreclose on your house because you haven’t paid your taxes, and then just keep the rest of your equity? In Ohio, yeah, […]
Listen NowMay 21, 2021
Short Circuit 174 | The Right to “Bear” Arms
Second Amendment scholar David Kopel sits down with us to set the stage for a big issue we’ll hear a lot about over the next […]
Listen NowMay 13, 2021
Short Circuit 173 | Public Accommodations and High Speed Snaps
Legal raconteur and writer David Lat joins us for some underneath-their-robes hijinks. David talks a bit about his new venture and his battle with COVID-19. […]
Listen NowApril 30, 2021
Short Circuit 172 | Confronting Cook County Corruption
What does Sir Walter Raleigh have to do with a Tennessee murder trial? You’ll learn from Rob Johnson, as he confronts his witness with a […]
Listen NowApril 22, 2021
Short Circuit 171 | Should Originalists Party Like It’s 1868, not 1791?
On a special Short Circuit, professors Christopher Green and Evan Bernick join your host Anthony Sanders to examine one of the great questions of the […]
Listen NowApril 15, 2021
Short Circuit 170 | A Hot Mess and Seven Magic Words
What can a court say in 325 pages? So much that we don’t have much of a clue. Diana Simpson slices and dices the Fifth […]
Listen NowApril 09, 2021
Short Circuit 169 | The Duct Tape of Federal Law
If you’re not a major party candidate it can be really hard to get on the ballot. So hard it’s sometimes unconstitutional. Paul Sherman explains […]
Listen NowApril 01, 2021
Short Circuit 168 | Suspicious Handshakes and Football Prayers
Can the police stop and frisk your person based on their “training and experience?” Not if that training and experience is simply that drug dealers […]
Listen NowMarch 26, 2021
Short Circuit 167 | Section 230 and a Drones Search
We get a little high-tech this week. Techdirt founder Mike Masnick joins us to explain how Section 230 actually works, and how it was somewhat […]
Listen NowMarch 18, 2021
Short Circuit 166 | To En Banc or Not to En Banc
The 10th Circuit just can’t make up its mind. You might say it doesn’t know a hawk from a handsaw. Listen to a tale from […]
Listen NowMarch 09, 2021
Short Circuit 165 | Orphaned Precedent
How much power does the CDC have during the pandemic? Surprisingly, that was not the issue before a district court considering the constitutionality of the […]
Listen NowMarch 03, 2021
Short Circuit 164 | Bad Cop Records and Suspicionless Searches
New York police disciplinary records were a black box, until the state changed the law. Then the union sued to keep the lid on—but lost. […]
Listen NowFebruary 19, 2021
Short Circuit 163 | The Law of Johnny 5 Is Alive
For once living up to the 1980s-movie-sense of our name, we’re talking about robots. How should the law treat robots? What do we analogize to, […]
Listen NowFebruary 12, 2021
Short Circuit 162 | I Will Get Credit When I Crush You
If you’re the State, what do you get when you put money owed to a prisoner in a special account, and then take most of […]
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