Short Circuit

Exploring the use of AI in legal research, focusing on finding the right models for the right tasks, potential for lawyers to use AI in writing memos and briefs, concerns about government overreaction to AI use, copyright issues with AI, and the importance of being cautious about AI advancements.

An electric episode where we just might short the circuits. That’s because we dive into some capital “D” Drama at the Federal Energy Regulatory Commission. Amid fighting and commissioner turnover related to renewable energy prices and an election, FERC makes a consequential decision without first going to the full board. And later the Sixth Circuit catches that hand in the judicial cookie jar. Dan Knepper of IJ drops by to explain some of the complexities of energy policy and how to remedy its violation when everyone doesn’t dot their i’s. Then Bobbi Taylor of IJ leads us (along with 43 police officers) into a home where no drugs (or the suspect) are found but many family members are seriously injured. Qualified immunity? The Third Circuit prefers a jury. Also, you learn what Sir Walter Scott meant by a “palmer.” And does anyone use paper copies of the Federal Reporter anymore? Click here for transcript. PJM Interconnection v. FERC Anglemeyer v. Ammons Politico piece Dan mentions Sir Walter Scott’s Marmion

We’re joined by the SCOTUS Ladies, two “Supreme Court super fans.” They are Anastasia Boden and Elizabeth Slattery and they’re here to talk about their new blogging project but also to share their wider knowledge of the Constitution, public interest litigation, and even the federal courts of appeals. They each pick a case from the Fifth Circuit by Judge Willett, who you’ll learn is a very self-proclaimed “middle-management circuit judge.” First it’s the big question everyone is asking: Has the Supreme Court impliedly overruled Humphrey’s Executor? Minds seem to differ among the judges. Plus we have a bit of a rumble about structure vs. substance. Then we Netflix and chill while a rogue prosecutor goes after the streaming service and won’t let go—until the court recognizes a loophole in Younger abstention. Click here for transcript. Consumer Research v. CPSC Netflix v. Babin Humphrey’s Executor v. U.S. SCOTUS Ladies

Rob Frommer and Katrin Marquez, attorneys at the Institute for Justice, dive into some pressing legal controversies. They discuss a shocking Ninth Circuit ruling against the FBI for seizing property held in vaults, revealing significant constitutional violations. Katrin highlights a troubling Second Circuit case where a police officer attempted to silence a citizen for exercising free speech. The conversation underscores the ongoing challenges of protecting individual liberties and the essential role of the courts in safeguarding rights.

Former clerks of Judge Diarmuid O’Scannlain, David Lat and Daniel Sullivan, discuss clerking on the Ninth Circuit and the challenges of differing points of view among colleagues. They also delve into interesting legal cases involving Florida Governor Ron DeSantis, a prosecutor's First Amendment lawsuit, federal law preemption of a gas stove ban in Berkeley, and tensions in the law highlighted by judge concurrence and descent.

Celebrate Robert Burns' birthday with a poetic episode on Short Circuit. Topics include qualified immunity, a case in the Fifth Circuit related to the 'Reader Act,' challenges faced by book vendors in Texas due to a law requiring book rating, the future of a law and challenges for litigators in foreign jurisdictions, e-filing and electronic signatures in legal documents, and an exploration of Robert Burns' poem 'To a Mouse'.

A fascinating podcast episode discusses a case of a prosecutor and a judge with a conflict of interest which affected the outcome. They explore the violation of constitutional rights and the lack of accountability in the justice system. Additionally, the episode delves into the concept of iron's footnotes and its relation to the First Amendment, specifically in the context of Hanukkah advertising restrictions.

Discover the intriguing world of trial tactics in a civil rights case, explore the Fourth Amendment's protection of medical records, and delve into the erosion of privacy due to surveillance and AI bots in this episode.

The podcast discusses a search incident to arrest case where the police open a man's backpack, questioning whether a warrant was needed. They also explore a case involving a lying congressman, the Vicinage Clause, and the FBI's involvement. The episode covers topics such as the search incident to arrest exception, interpretations of rules by judges, illegal campaign contributions, money laundering, and the distinction between conduct and effects in venue.

The podcast discusses recent victories in occupational speech cases, challenges in proving racial discrimination under Title VII, and Judge Newsom's critique of the majority opinion. It also explores the evolving burden shifting framework in discrimination cases, the limitations of the convincing mosaic theory, and a court case involving the redrawing of maps and its implications for the Voting Rights Act.