Short Circuit 102: Live at Texas Law (10/25/18)
A Fifth Circuit extravaganza featuring Jane Webre, Kyle Hawkins, Steve Vladeck, and Evan Young. The episode was recorded before a LIVE student audience at the University of Texas School of Law in Austin at the invitation of the UT chapter of the Federalist Society.
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Jane Webre is a partner at Scott Douglass and McConnico. She handles most of the firm’s appeals, including in the Fifth Circuit and the U.S. Supreme Court. Jane prevailed as counsel for petitioners in Gunn v. Minton, a SCOTUS case involving jurisdiction of state courts. She clerked for Judge Reynaldo Garza on the Fifth Circuit, a Jimmy Carter appointee. Jane is a UT Law grad.
Kyle Hawkins is the current solicitor general of Texas. Prior to this appointment, he served as an assistant to solicitor general Scott Keller. He clerked for the Fifth Circuit’s Edith Jones and the U.S. Supreme Court’s Samuel Alito. A graduate of the University of Minnesota Law School, Hawkins also worked in the appellate and constitutional law practice group for Gibson, Dunn & Crutcher.
Steve Vladeck is a law professor at UT Law. Just last term, he argued Dalmazzi v. U.S. in the United States Supreme Court. His teaching and research focus on federal jurisdiction, constitutional law, national security law, and military justice. Steve graduated from Yale Law School and clerked for Judge Marsha Berzon on the Ninth Circuit and Judge Rosemary Barkett on the Eleventh Circuit.
Evan Young is a Federal Courts professor at UT Law. He is also a partner at Baker Botts and its chair of the Supreme Court and Constitutional Law practice. Evan graduated from Yale Law School and served as a law clerk to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit, and then to Justice Antonin Scalia at the U.S. Supreme Court.
Hernandez v. Mesa: http://www.scotusblog.com/wp-content/uploads/2015/10/Hernandez-op-below.pdf
Whole Women’s Health: http://www.ca5.uscourts.gov/opinions/pub/18/18-50484-CV0.pdf
Alvarez v. City of Brownsville: http://www.ca5.uscourts.gov/opinions/pub/16/16-40772-CR2.pdf
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.Read More
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.Read More