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 like to shake hands, says the Fourth Circuit. Ari Bargil provides the details of a drug dealer that the police were a tad too impatient to lock-up. And can an assistant football coach for a public high school publicly pray at the 50 yard line right after a game? The answer is it depends. Not every penitent man will pass the Ninth Circuit’s analysis. Plus, there’s a circuit split update on bump stocks and the CDC.

Register here for the April 20th online event on the 150th anniversary of Section 1983: https://ij.org/event/outragelegislation/
Transcript: https://ij.org/wp-content/uploads/2021/04/short-circuit-168-FINAL.pdf
United States v. Drakeford, https://www.ca4.uscourts.gov/opinions/194912.P.pdf
Kennedy v. Bremerton School Dist., https://cdn.ca9.uscourts.gov/datastore/opinions/2021/03/18/20-35222.pdf
Gun Owners of America v. Garland, https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0070p-06.pdf
Tiger Lily, LLC v. HUD, https://www.opn.ca6.uscourts.gov/opinions.pdf/21a0074p-06.pdf
Aril Bargil, https://ij.org/staff/ari-bargil/
Josh House, https://ij.org/staff/joshua-house/
Anthony Sanders, https://ij.org/staff/asanders/

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Recent Episodes

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

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