Short Circuit 108 - Live at UChicago(5/7/19)
A Seventh Circuit extravaganza featuring Tacy Flint, Will Baude, and Jim Pfander. The episode was recorded before a live student audience at the University of Chicago Law School at the invitation of UChicago chapter of the Federalist Society.
Tacy Flint is a partner at Sidley Austin who has practiced before the U.S. Supreme Court and numerous federal courts of appeal. She clerked for Justice Stephen Breyer and Judge Richard Posner. Tacy is a UChicago law grad.
Will Baude is a professor at UChicago Law and the author of Is Qualified Immunity Unlawful? Will clerked for Chief Justice John Roberts, Judge Michael McConnell and at the Institute for Justice.
Jim Pfander is a professor at Northwestern Law and the author of many articles examining Bivens and the importance of remedies against federal officers for constitutional violations. Jim clerked for Judge Levin Campbell.
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Pretrial detention: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D01-23/C:17-1510:J:Sykes:aut:T:fnOp:N:2282458:S:0
Vicarious liability: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D04-03/C:17-3618:J:Hamilton:con:T:fnOp:N:2318717:S:0
Indianapolis forfeiture: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D02-26/C:17-2933:J:Manion:aut:T:fnOp:N:2299727:S:0
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