Short Circuit

Institute for Justice
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Mar 23, 2023 • 54min

Short Circuit 264 | Evicting Innocent People

Podcast explores crime-free rental ordinances that can lead to eviction of innocent people. Discussion on the arbitrary and discriminatory nature of these laws. Highlights the history and evolution of crime-free housing ordinances. Examines the regulation of public property and challenges in local government lawmaking. Explores the implications of landlords being forced to evict tenants by the government. Discusses the impact of these laws on vulnerable communities. Emphasizes the need to examine municipal codes and constitutional protections.
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Mar 14, 2023 • 48min

Short Circuit 263 | A Three Hour Tour

In this podcast, the hosts discuss a Fourth Circuit opinion about a vague law that makes it illegal to be obnoxious. They also explore administrative law and the First Amendment in a Fifth Circuit tour. The unique selection mechanism for circuit court clerks is discussed, along with the origin of the word 'seconded.' The hosts reflect on their performance in a trivia quiz and share experiences with secundment and eviction defense. They also delve into the vagueness and overreach of South Carolina's school disciplinary laws, and analyze a court case regarding the regulation of charter boating in the fishing industry.
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Mar 8, 2023 • 1h 32min

Short Circuit 262 | Shielded

In this episode, the podcast discusses Professor Joanna Schwartz's book 'Shielded' and explores procedural barriers to civil rights lawsuits. They delve into four cases that highlight the difficulties in holding law enforcement accountable. The concept of qualified immunity is examined extensively, along with its impact on dismissing cases involving constitutional violations. The limitations of Bivens actions and state common law remedies are discussed, as well as a case involving strip search allegations and federal law enforcement's interaction with state and local agencies.
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Mar 2, 2023 • 57min

Short Circuit 261 | Live at Southern Methodist University!

Law students at SMU are treated to a discussion covering cases on the Second Amendment, premature bankruptcy, vaping regulation, and qualified immunity. The panel, consisting of Texas lawyers Zack Faircloth, Will Langley, and Don Tittle, dive into the constitutional implications of gun possession restrictions, bankruptcy procedures, the irony of financial distress, and FDA regulations on vaping companies. Rick and Morty fans will find this episode particularly intriguing.
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Feb 23, 2023 • 52min

Short Circuit 260 | Unlimited Tariff Power

Scott Lincicome, economist and senior fellow at the Cato Institute, discusses the dumbest steel tariffs upheld by the Court of Appeals for the Federal Circuit, explores national security issues and the making of tariff sausage. Andrew Ward of IJ shares a wild story involving a shed fire, a sketchy warrant, and the fruit-of-the-poisonous-tree doctrine. The podcast ends with Scott's top-5 list.
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Feb 17, 2023 • 40min

Short Circuit 259 | The Rent Is Too Damn High

In this podcast, the hosts discuss recent court cases involving rent control laws and livestreaming police encounters. They explore the conflicts between constitutional rights and qualified immunity. The complexities of regulatory takings and the lack of clarity in protecting property rights are also highlighted. The significance of a clear roadmap in legal opinions and the importance of transparency in police activities are emphasized.
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Feb 10, 2023 • 54min

Short Circuit 258 | And in en banc news

Our newsletter begins announcements about federal en banc decisions with the phrase “And in en banc news.” And about a year ago we had an argument on the podcast on how to pronounce that fancy French-sounding phrase. Today we bring back the guests from that episode—Sam Gedge and Bob Belden—to settle the issue, once and for all. Along the way you’ll learn about how we have the Germans to thank for how we describe full sittings of the federal courts of appeals. You’ll also learn about two recent en banc cases, one from the Eleventh Circuit concerning how prisoners can sue in federal court, and one from the D.C. Circuit about how foreign students can stay in the country and get some work experience. There’s also a couple rabbit holes involving decretal language and whether a “dissental” is a thing. Click here for transcript. Register for Feb 17 panel at Case Western Reserve! Register for Feb 18 Cleveland show, Comedy is not a Crime! Register for Marc 31 conference on Meyer v. Nebraska! Buy Anthony’s book! Draft of article And in En Banc News . . . (to appear in Judicature) Judge Newman article on decretal language Wells v. Brown Washington Alliance v. DHS En banc argument episode
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Feb 2, 2023 • 44min

Short Circuit 257 | General Google Warrants

Seth Young, Senior Attorney at IJ, and Mike Chase, author of How to Become a Federal Criminal, discuss the implications of a case involving Google data in criminal investigations. They also explore property rights cases and the challenges of applying outdated doctrine to rapidly advancing technology.
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Jan 26, 2023 • 35min

Short Circuit 256 | A Magical Bag of Dope

This podcast discusses cases involving unlawful searches, unconstitutional crowd dispersal, and challenging unlawful assembly policies. In one case, the Sixth Circuit questions the legality of a search based on an officer claiming to see a bag of drugs. The podcast also examines the targeting of peaceful protesters and the challenges faced by plaintiffs opposing the city's unlawful assembly policy.
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Jan 19, 2023 • 38min

Short Circuit 255 | Basic Training

Kristen Vander-Plas LaFreniere, Texas lawyer, talks about running a small practice. She shares a religious victory over the Marines in the D.C. Circuit. Then, Erica Smith Ewing of IJ discusses a rare win against a zoning ordinance in the Ninth Circuit.

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