Short Circuit 248 | “I Declare Bankruptcy”

Money makes the world go round. And sometimes the Constitution and our civil rights laws help money out with that. We examine a couple recent cases where bankruptcy and attorney fees awards intersected with constitutional law. First, IJ’s Rob Peccola describes how the Second Circuit followed the Supreme Court’s recent instructions to take Constitution’s use of the word “uniform” seriously. Then, IJ’s Bert Gall joins us for the first time to walk through what the Sixth Circuit had to say on who a “prevailing party” is and what “enduring” means. A whole lot of cash can turn on the answer. Plus, if you like Shel Silverstein, this might be the episode for you.

Click here for transcript.

In re Clinton Nurseries, Inc.

Tennessee NAACP v. Hargett

Siegel v. Fitzgerald

Smart, read by Shel Silverstein

Recent Episodes

May 25, 2023

Short Circuit 273 | Suing to Apportion Seats

Today we’re digging into the Fourteenth Amendment. No, not the part we usually talk about, Section 1, with its privileges or immunities, equal protection, and […]

Read More

May 18, 2023

Short Circuit 272 | Elizabeth Warren and Jackets

If a sitting senator threatened you with censorship, would it matter what jacket she’s wearing? Although not an issue we discuss this week, it’s related […]

Read More

May 11, 2023

Short Circuit 271 | The Cars Greatest Hits

Cars and free speech, what could be a more American combination? This week we’re playing a double-sided session that you can enjoy while honking your […]

Read More