Unpublished Opinions 5 | Legal Fictions
Podcast (unpublished-opinions): Play in new window | Download
It’s the latest episode of Unpublished Opinions, a Short Circuit podcast (but not actually Short Circuit). This is the podcast where Institute for Justice attorneys talk about the legal world beyond the federal courts of appeals. Diana Simpson and Josh Windham drop in to dialogue and diatribe about quite a few subjects you may—or may not—have your own opinions about. These include legal fictions, stare decisis, the vintage of the incorporation doctrine, and the Supreme Court’s recent opinion in Acheson Hotels v. Laufer (that’s the Americans with Disabilities Act case about mootness and standing–or should it be standing and mootness?).
Richard Dietz, Factories of Generic Constitutionalism
Recent Episodes
Unpublished Opinions 14 | On the Garamond Question

Spring hath finally shaken off the winter of Arlington’s discontent, and host John Wrench gathers IJ barristers Sam Gedge and Josh Windham for a scene […]
Listen NowUnpublished Opinions 13 | You’re Yucking My Yum

A flurry of ideas about the state of the law, the universe, and, well, everything. Including, at least, the impeachment of judges, how lawyers educate […]
Listen NowUnpublished Opinions 12 | Raise You a Texas

John Wrench of IJ returns as your host for some courthouse conversations with his colleagues Diana Simpson and Josh Windham. They spill out their opinions […]
Listen NowUnpublished Opinions 11 | Bush v. Gore Energy

In our first episode of 2025 we “livecast” a Supreme Court opinion whose release happened to cross into our pre-scheduled recording slot—the ruling in the […]
Listen Now