Short Circuit 209 | Guilty Pigs

How do you own a wild animal? Why are drug dogs given such a benefit of the doubt? Can bees “trespass?” Why did the Medieval French put pigs on trial for murder? And does the Queen of England really own all the swans?

This is an episode for animal lovers, and lovers of legal mysteries more generally. Joining us are Professors Katy Barnett and Jeremy Gans of the University of Melbourne to discuss their new book “Guilty Pigs: The Weird and Wonderful History of Animal Law.” It explores the ins and outs of all the ways that animals and the law intersect, from the curious to practical to the constitutional, from dogs to bees to foxes. Not only that, it marks the first time Short Circuit has had an Australian (two of them!) on the show. Come for the exploration of the intersection of drug dogs and civil forfeiture, stay for the ownership rights of the IKEA monkey.

Guilty Pigs: The Weird and Wonderful History of Animal Law,

Florida v. Harris,

IJ amicus brief in Florida v. Harris,

Florida v. Jardines,

Short Circuit episode on Robot Law,

Katy Barnett,

Jeremy Gans,

Anthony Sanders,

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.

Read More

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.

Read More