Short Circuit
Institute for Justice
The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. http://ij.org/short-circuit
Episodes
Mentioned books
Jun 23, 2022 • 53min
Short Circuit 225 | Supreme School Choice Victory
Michael Bindas, senior attorney at the Institute for Justice and lead attorney in Carson v. Makin, discusses the recent Supreme Court victory in favor of school choice. They explore the constitutionality of school choice programs, the process of arguing a case at the Supreme Court, and the release of the court's opinion. They also address religious exclusion in Maine's school choice program and the idea of government neutrality towards religion.
Jun 16, 2022 • 56min
Episode 224 | Cameras on Poles Recording Everything
The podcast discusses the use of cameras on poles without a warrant and the potential Supreme Court involvement. It also explores a case in Indiana regarding the delegation of power by the legislature. The podcast delves into the complexities of the Fourth Amendment and the expectation of privacy, as well as the application of the good faith exception and the exclusionary rule. It examines the privacy implications of surveillance cameras, the contrast between opinion writing styles, and the concepts of standing and ripeness in legal cases.
Jun 10, 2022 • 34min
Short Circuit 223 | Clerks and Harassment
Special guest Aliza Shatzman, co-founder of The Legal Accountability Project, discusses the lack of legal protections for law clerks and presents a recent case from the Fourth Circuit. Kirby Thomas West of IJ discusses a Fifth Circuit case on qualified immunity. They address the prevalence of harassment faced by clerks and the need for legislation to address discrimination.
Jun 6, 2022 • 36min
Short Circuit 222 | Live at IJ’s Law Student Conference
At the 2022 Institute for Justice’s Law Student Conference, the hosts discuss a case involving a restriction on political advertising on buses and the court's ruling. They also analyze a case on bus advertisements and viewpoint neutrality. The Manski case and its implications for unconstitutional laws are highlighted. The difference between facial and as applied challenges in constitutional litigation is explored. The Supreme Court case in North Carolina challenging the ban on out-of-state alcohol retailers is discussed, along with the three-tier system of alcohol distribution.
May 26, 2022 • 32min
Short Circuit 221 | The Big Mac
In this podcast, they discuss headline-grabbing constitutional cases, including the importance of the right to a jury trial and the unconstitutionality of Florida's social media law. They also touch on the concept of mootness during the pandemic and analyze the implications of Rule 68 offers in legal cases. The podcast explores court decisions, mask mandates, and the ADA's impact on reasonable accommodations.
May 19, 2022 • 32min
Short Circuit 220 | Timing Is Everything
The podcast discusses the Ninth Circuit's decision on Rule 68 and offers of judgment, highlighting the counterintuitive traps for lawyers. It also explores the latest chapter in mask lawsuits from the Eighth Circuit and the challenges of determining the finality of cases during the pandemic. The concept of mootness and its implications are analyzed, along with discussions on the application of the Americans with Disabilities Act in mask mandate cases.
May 11, 2022 • 45min
Short Circuit 219 | Threading the Federal Courts
Professor Marin Levy, top scholar on the federal judiciary, discusses the history and workings of the federal courts. She also shares how she educates through Twitter threads. Interesting topics include Second Circuit case regarding First Amendment and Ninth Circuit case on Fourth Amendment violation.
May 6, 2022 • 40min
Short Circuit 218 | Because the Supreme Court Did Some Things It Did
Topics discussed include attorney's fees, challenging a law on sex offender registration, violation of constitutional rights, retaliation and municipal liability, analyzing Supreme Court cases and parody articles.
Apr 29, 2022 • 36min
Short Circuit 217 | Hunting for Free Speech Truffles
Guests Tori Clark and Sam Gedge discuss challenges of protecting free speech in the Eighth and Ninth Circuits. Topics include privately enforced laws, a case involving newspaper ads and a restraining order, a federal court's dismissal of a challenge to a statute, an Oregon senator's First Amendment claim, and recent cases on First Amendment retaliation.
Apr 20, 2022 • 43min
Episode 216 | Sovereign Immunity and NIMBY Neighbors
The podcast discusses the difficulties of suing the US government, a court case involving government liability in a fatal flood, challenges in turning a farm into a housing development, non delegation claims in municipal authority, and the court's determination on the Race family's zoning application.


