Short Circuit

The podcast discusses short-term rental ordinances in New Orleans and Jersey City. The Fifth Circuit found the New Orleans scheme lacking under the dormant Commerce Clause. The Jersey City ordinance survived challenges and sparked an interesting concurrence about regulatory takings law. The hosts also touch on Benjamin Franklin, alternative measures, illegitimate motives, and regulations on short-term rentals.

Attorney Scott Flaherty discusses a recent case where a Wisconsin band of Ojibwe upheld their treaty rights. Sam Gedge explores the rejection of Younger abstention in the Fourth Circuit. The podcast covers taxation issues on Indian reservations, tribal tax exemptions, and foster care challenges. The class action lawsuit in West Virginia raises questions about younger abstention and systemic relief for foster care violations. The speakers also mention personal experiences, harpoons, and upcoming events.

This podcast discusses property rights and intervention cases in the Sixth Circuit, including homeowners being sued for landscaping without permission. Updates on Nashville's home-based businesses and code enforcement, as well as a case involving wineries and intervention. The hosts also talk about the arbitrary nature of zoning and land use regulations, advocating for a reevaluation of property rights and judicial engagement.

Nolan Gray, author of Arbitrary Lines, joins to discuss the flaws of zoning, its history, and potential solutions. They explore the impact of zoning laws on segregation and racial discrimination. The podcast also addresses the challenges of abolishing or reforming zoning policies, such as single-family zoning. The speakers debate the legal basis of zoning and the involvement of state courts. They suggest alternative approaches to address concerns like overcrowding and lack of parking. Additionally, the importance of regulating nuisances and planning the public realm in cities is highlighted.

This week's podcast discusses recent denials of qualified immunity by federal courts. They cover a disturbing case involving a sheriff's deputy, a welfare check, and constitutional claims. They also dive into a racial discrimination appeal under a civil rights law from before the Fourteenth Amendment. Along the way, the hosts share some playful banter and discuss the application of qualified immunity in different cases.

Prosecutorial immunity and accountability, disparities in criminal liability and civil relief for government actors, misconduct of prosecutors and prison system accountability, possible federal court for Trump prosecution, the history and application of removal statute, indictment possibility and strengthening evidence.

The podcast discusses the First Amendment right to record police officers, highlighting a case in the 10th Circuit where an officer attempted to prevent a vblogger from recording him. The court's decision and the concept of qualified immunity are explored. Another case in the 5th Circuit involving a Texas prison is discussed, focusing on the issue of mootness. The chapter also delves into the use of procedural barriers by the government to avoid constitutional claims and criticizes the judicial culture that favors government procedural arguments.

They discuss a recent victory in a First Amendment case against a town that banned portable signs. They also explore the reversal of a district court ruling and the issue of vehicle sign bans. The chapter delves into the concept of being free to leave and the wonkiness of free to leave jurisprudence.

The podcast explores an unfair labor practice case involving a union joke and the interpretation of the Fourth Amendment's open field doctrine. It also discusses the inefficiency of the NLRB in litigating unfair labor practice charges and the implications of a recent Supreme Court opinion on the virtual economy and social media. Additionally, it delves into a case of warrantless seizures on a cattle farm and the application of the Open Fields Doctrine.

Live at UCLA, the podcast introduces a new civil rights tool called Constitutional GPA, which grades each state on government accountability. The podcast explores cases involving First Amendment retaliation, excessive force by police officers, filing in state courts, determining libelous content in parodies, and the impact of qualified immunity on constitutional rights. It also discusses the challenges in seeking justice for constitutional violations.