How does history inform our interpretation of the Constitution? In all kinds of ways, it seems, and perhaps in too many of them. We once again look at how history and the Second Amendment are mixing together, in a case from the Eighth Circuit. The opinion lets us do a bit of digging into a less-well-known founding father, Benjamin Rush, and his enthusiastic embrace of putting people behind bars. But before that IJ’s Bobbi Taylor details some of the latest class-action shenanigans in the Seventh Circuit. For the first time we address “mootness fees,” settlements extracted in some disclosure litigation against public corporations. And we consider whether they’re “a racket” as the court suggests.

Alcarez v. Akorn, Inc.

U.S. v. Veasley

Ted Frank episode, SC 154

Szasz, The Manufacture of Madness

Recent Episodes

Motte-and-Bailey Game

Short Circuit 358 | Motte-and-Bailey Game Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? […]

Listen Now

Short Circuit 356 | Christmas Sweater Law

Seasons greetings from Short Circuit! While you’re enjoying your holiday week at the end of 2024 we’re giving you the content you need: Christmas sweaters. […]

Listen Now