Short Circuit 201 | The Fifth Circuit: It's Complicated

It’s a new year but little is new with qualified immunity in the Fifth Circuit. Or is it? Easha Anand of the MacArthur Justice Center joins us to discuss a recent denial of qualified immunity in a police brutality case. IJ’s Anya Bidwell joins in and reports on a couple other developments that demonstrate perhaps there’s some “split second” thinking going on among those judges.

Further, we ask our listeners to send in your nominations for the “most beautiful” U.S. Court of Appeals courtrooms. Got a favorite? Let us know! Either send us an email or find us on Twitter.

Also, apply to be an IJ summer fellow! The deadline is January 14, 2022, https://ij.org/opportunities/students/

Timpa v. Dillard, https://cases.justia.com/federal/appellate-courts/ca5/20-10876/20-10876-2021-12-15.pdf?ts=1639614617

Villarreal v. City of Laredo, https://www.ca5.uscourts.gov/opinions/pub/20/20-40359-CV0.pdf

Harmon v. City of Arlington, http://www.ca5.uscourts.gov/opinions/pub/20/20-10830-CV0.pdf

IJ’s Gonzalez v. City of Castle Hills, https://new.ij.org/case/castle-hills-retaliation/

Easha Anand, https://www.macarthurjustice.org/team_member/easha-anand/

Anya Bidwell, https://ij.org/staff/anya-bidwell/

Anthony Sanders, https://ij.org/staff/asanders/

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

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.

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