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 “or?” The correction interpretation of the First Step Act—and a lot of years in prison for a lot of people—ride on the answer. Wesley Hottot explains how the Ninth Circuit and the Eleventh Circuit recently disagreed on this fundamental question. And can you sue over an unsolicited text message? Alexa Gervasi tells us what the Fifth Circuit said about this question, including how it relates to a public nuisance.

Transcript: https://ij.org/wp-content/uploads/2021/06/Short-Circuit-176_otter-FINAL.pdf
United States v. Garcon, https://media.ca11.uscourts.gov/opinions/pub/files/201914650.pdf
United States v. Lopez, https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/21/19-50305.pdf
Cranor v. 5 Star Nutrition, LLC, https://www.ca5.uscourts.gov/opinions/pub/19/19-51173-CV0.pdf
Justice Paul Thissen, When Rules Get in the Way of Reason: One judge’s view of legislative interpretation, https://cdn.ymaws.com/mcaa-mn.org/resource/resmgr/files/mcaa_news/J_Thissen_article_in_Bench_a.pdf
Alexa Gervasi, https://ij.org/staff/alexa-gervasi/
Wesley Hottot, https://ij.org/staff/whottot/
Anthony Sanders, https://ij.org/staff/asanders/

iTunes: https://podcasts.apple.com/us/podcast/short-circuit/id309062019
Spotify: https://podcasters.spotify.com/podcast/1DFCqDbZTI7kIws11kEhed/overview
Stitcher: https://www.stitcher.com/podcast/institute-for-justice/short-circuit
Google: https://play.google.com/music/listen?u=0#/ps/Iz26kyzdcpodkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? [email protected]

Recent Episodes

March 23, 2023

Short Circuit 264 | Evicting Innocent People

Can a city get a renter evicted for a crime they didn’t commit? Unfortunately, in cities across the country the answer is yes. On a […]

Read More

March 14, 2023

Short Circuit 263 | A Three Hour Tour

A nostalgic tale of judicial engagement where we examine whether recess is a crime and whether it’s fine for the government to follow your every […]

Read More

March 08, 2023

Short Circuit 262 | Shielded

A special Short Circuit Live at Georgetown University hosts Joanna Schwartz of UCLA to discuss her book Shielded: How the Police Became Untouchable. And not […]

Read More