Advisory Opinions

Judge Kyle Duncan and David Lat discuss the Stanford Law School disruption, the response from administrators, the debate over shouting down speakers, and the idea of federal judges boycotting the school. They also explore the importance of intellectual diversity in law firms and compare Stanford's mishandling of the incident to Harvard's approach.

David and Sarah are coming to you from live from the University of Kentucky answering the most pressing legal questions:-Is wokeism a religion?-Can an employer only hire like-minded people?-Will Biden push ESG investment practices?-What does Gruyere cheese have to do with the law?-When should schools outsource discipline to the criminal system?-What was one NYT author thinking? Or smoking?-And will David possibly reveal his darkest secret yet? Learn more about your ad choices. Visit megaphone.fm/adchoices

The saga continues with an episode that really should come with its own trigger warning for being just too sexy. Take a deep breath…-Safe spaces of yore (David's establishment clause victory)-The Finality Question, or: Losing My Jurisdiction-A death row case creates strange bedfellows and scrambles Sarah’s grand theory of the Roberts court-David can’t wait to tell you about this Bank Secrecy Act case-Is anyone still listening?-What happens when you pick the wrong boyfriend?-Gorsuch is annoyed-Excited for escheatment!-The Murdaugh trial: Proof of Stupid-Should we feel bad for the Georgia grand jury foreperson?Show Notes:-City of Ocala, Florida, Petitioner v. Art Rojas, et al.-Supreme Court asks for more briefs on important election-law case-Links to SCOTUS opinions-Was the Alex Murdaugh Guilty Verdict Too Hasty?-That one juror Learn more about your ad choices. Visit megaphone.fm/adchoices

Are you ready for a MOHELA good time? Sarah and David try to read the tea leaves as SCOTUS scrutinizes Biden's student loan forgiveness and the future of the Consumer Financial Protection Bureau. Also: terrorism on Twitter and cert grant update. The saga begins.Show Notes:-Biden v. Nebraska oral argument transcript-David Lat: On the need for diverse viewpoints-David Lat: More thoughts on intellectual diversity-Twitter v Taamneh oral argument transcript  Learn more about your ad choices. Visit megaphone.fm/adchoices

Podcast-skeptic Judge Neomi Rao joins Sarah and David on the sidelines of the National Constitution Center’s Conference to talk circuit decisions, career path rejections, and tips for young clerks. But first: a primer on the most important office you’ve never heard of.Show Notes:-The Hedgehog and the Fox in Administrative Law-Judge Rao's Dissent Learn more about your ad choices. Visit megaphone.fm/adchoices

Judgmental looks. Angry scoffs and murmurs. Maybe even kicks at your back. All because you dared to recline your airplane seat. But isn't it your right to recline? Sarah and David charge into this heated -- and ever urgent -- legal question about ownership with Michael Heller, Professor of Real Estate Law at Columbia Law School, and James Salzman, Professor of Environmental Law at UCLA Law School, about their book Mine!: How the Hidden Rules of Ownership Control Our Lives. But first: SCOTUS updates and the disappointing sizzle of the anticipated Section 230 case.Show Notes:-Gonzalez v. Google, Section 230 case-Supreme Court hears oral arguments in Twitter case-Supreme Court denies Wikipedia and NSA case-Onion amicus brief-Mine!: How The Hidden Rules of Ownership Control Our Lives Learn more about your ad choices. Visit megaphone.fm/adchoices

Former VP Mike Pence is challenging a special counsel subpoena. David and Sarah look into the “speech or debate” clause cited by his defense team and its merits. Plus, a challenge to Connecticut schools transgender policy, more social media and first amendment clashes, and a little love shown to the fourth amendment on this post-Valentine’s day episode.Show Notes:Pence to fight special counsel subpoena on Trump’s 2020 election denialUS appeals court will rehear challenge to inclusive Connecticut transgender athlete policyCourt Blocks N.Y. Law Mandating Posting of "Hateful Conduct" Policies by Social Media Platforms (Including Us)Volokh v. JamesJudge Andrew L. Carter's Wikipedia Page (for the photo)Banks Appeal, 7th Circuit Learn more about your ad choices. Visit megaphone.fm/adchoices

Ron DeSantis wants to make open and slacken up national libel laws and, as always, it gets complicated. Sarah and (host emeritus) David try to help out. Also: Meta  gets sanctioned!Show Notes:-Advisory Opinions: The Problem with "History & Tradition"-Fl. Gov. DeSantis floats legislation that would make it easier to sue news outlets-Reuters: Sarah Palin's legal fight with NYT-4th Circuit panel grants Stein injunction against criminal charges-Reuters: Meta, law firm Gibson Dunn sanctioned in Facebook privacy case-DOJ says end of health emergency will terminate Title 42 policy and moot Supreme Court case-David French for NYT: Men Need More Purpose Than Respect Learn more about your ad choices. Visit megaphone.fm/adchoices

Friend of the pod David Lat challenges Sarah and frequent-guest David to think through the implications of different types of anonymous speech. Where is the line between a whistleblower in need of protection and a rumor-monger?Also:-The worst SCOTUS decisions, ranked (by Twitter-bound, partisan PoliSci majors).-Given ChatGPT’s poor grasp of legal history, will we win the coming war against the Cylons? [Producer note: David is wrong. The answer is no.] Learn more about your ad choices. Visit megaphone.fm/adchoices

In an episode dedicated to our most reasonable and law-abiding listeners, Sarah and David examine a Fifth Circuit's ruling that took the Bruen test to the next level. Following "history and tradition," the court found that barring domestic violence offenders from owning a guns is unconstitutional.  Our hosts have thoughts. Also: can our hosts take on the Murdaugh murder case?Show Notes:-CNN: Law barring people with domestic violence restraining orders from having guns is unconstitutional, court rules-Murdaugh Murder Case: New Evidence -Trailer: Low County, The Murdaugh Dynasty Learn more about your ad choices. Visit megaphone.fm/adchoices