Short Circuit 204 | Contracts and Blood Spatters
Podcast (short-circuit): Play in new window | Download
Sometimes when the government does bad things to you it violates the Constitution. And sometimes it just violates the contract. Jeff Rowes explains the difference, and how things went down with a development scheme in the Fifth Circuit. Also, Will Aronin brings his expertise he learned as a trial lawyer to examine some junk science that has now been put on trial. Plus he details why it would be nice for a criminal defendant to know if a witness testifying against him is known to “stretch the truth.”
Preston Hollow Capital, LLC v. Cottonwood Development Corp., https://www.ca5.uscourts.gov/opinions/pub/21/21-50389-CV0.pdf
O’Donnell v. Yezzo, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0026n-06.pdf
Judge Jon Newman article on “En Banc,” https://static.reuters.com/resources/media/editorial/20200714/IN%20BANC%20PRACTICE%20IN%20THE%20SECOND%20CIRCUIT%20THE%20VIRTUES%20OF%20RESTRAINT.pdf
Jeff Rowes, https://ij.org/staff/jrowes/
Will Aronin, https://ij.org/staff/will-aronin/
Anthony Sanders, https://ij.org/staff/asanders/
Recent Episodes
Short Circuit 368 | Flipping the Bird
Is stretching out one’s middle finger at the police protected by the First Amendment? And whether it is or not, can the police trump up […]
Listen NowShort Circuit 367 | The Police Power
Often in old constitutional cases you see judges of yonder years invoking this mysterious substance called “the police power.” It’s something that has fallen out […]
Listen NowShort Circuit 366 | I Love You But Can’t
What’s the difference between a campaign contribution and a bribe? More than the Sixth Circuit seemed to think. Or so argues Paul Sherman of IJ […]
Listen NowShort Circuit 365 | I Like Old Property
A long-time friend of the Institute for Justice, Robert Thomas, joins us this week. For years he’s litigated property rights cases across the country, lately […]
Listen Now