Beyond the Brief

Institue for Justice
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Mar 6, 2020 • 26min

How Government Officials Can Blow Up Your House with Grenades – and Get Away With It by Claiming Immunity

Listeners of the podcast who have also listened to IJ’s Short Circuit podcast are probably familiar with the concept of “qualified immunity.” In this episode, we talk about what the term means and how it came to be, as well as what it looks like in practice and why changes to immunity doctrines are essential to protecting individual rights. *Fun fact:  Scott was not quoting Phil Collins.  He was referring to Thunderclap Newman’s “Something In The Air.”
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Dec 16, 2019 • 31min

Stories from IJ’s Front Lines

Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, and the ways his cases and clients helped make him and IJ what they are today.
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Nov 22, 2019 • 23min

Zoning, Excessive Fines and Other Hot Issues in the Law

We talk with the director of IJ’s Center for Judicial Engagement about a few of the issues the legal community is buzzing about at the moment.
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Nov 14, 2019 • 32min

Law for Non-Lawyers – Due Process and Equal Protection

This discussion is a continuation of our foray into law for non-lawyers. Many people are familiar with the concepts of “due process” and “equal protection,” but where are they found in the Constitution, and what do they look like in practice?
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Oct 29, 2019 • 36min

Law for Non-Lawyers – Standards of Review

What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only “rational basis” review? And why do these things matter to a constitutional litigator? Learn all this and more in today’s Deep Dive with the Institute for Justice.
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Sep 17, 2019 • 27min

Previewing IJ’s Next Case at the United States Supreme Court

Never heard the term “Blaine Amendments” before? The U.S. Supreme Court’s decision to hear IJ’s educational choice case Ezpinoza v. Montana Department of Revenue is likely to change that. In today’s Deep Dive IJ Senior Attorney Tim Keller and IJ Attorney Erica Smith describe what Blaine Amendments are, why they matter to parents who simply want to direct their own children’s education, and whether these controversial state constitutional provisions can be squared with the protections enshrined in the federal Constitution.
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Aug 27, 2019 • 30min

District Works: Improving a City From the Ground Up

When IJ Associate Director of Activism Brooke Fallon started talking to entrepreneurs in Washington, D.C., about their experience doing business in the District, she got an earful about the burdens and challenges they face just trying to get off the ground. The result of those conversations was District Works, an IJ-led project and coalition of small business owners, nonprofits, and community members striving to make it cheaper, faster, and simpler to start a business in D.C.  Brooke and Activism Researcher Alex Montgomery talk in this episode about what they learned from entrepreneurs, and how things can change for the better.
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Aug 27, 2019 • 38min

Uses (and Misuses) of Amicus Briefs

IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact.

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