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 453 | 100 Years of Zoning

With a live audience in Cambridge, Massachusetts, we mark (not celebrate) the 100th anniversary of Village of Euclid v. Ambler Realty, where the Supreme Court […]

Listen Now

Short Circuit 452 | Election Law Special!

Vote early. But maybe don’t vote often? That’s the bottom line from Short Circuit’s biannual election special. With the 2026 General Election only days away, […]

Listen Now

Short Circuit 451 | Tales from the Tenth

Short Circuit visited the Tenth Circuit Bench and Bar Conference in Colorado Springs. Between gin and tonics at the Broadmoor hotel we heard from a […]

Listen Now