Text, History, and Tradition Test and its Critique

Hello, AO listeners! This episode is a little bit different. Your regular hosts, Sarah and David, are unavailable—Sarah on parental leave, David on the road—so I (David Lat) have conscripted my husband, lawyer and legal commentator Zachary Baron Shemtob, to serve as guest of a guest. Zach shares his (strong) opinions on two hot topics, the Trump gag order and AO listeners’ favorite subject, text/history/tradition. We also cover a noteworthy Sixth Circuit case about the retroactivity of the First Step Act and the big Google antitrust trial. We hope you enjoy this very special episode. Sarah and David will be back next week.

Show notes:

-Kevin and David French on Dispatch Live: Ask Me Anything

-United States v. Carpenter (6th Cir. on retroactivity of First Step Act):

-In Its First Monopoly Trial of Modern Internet Era, U.S. Sets Sights on Google:

-The Google Trial Is Going to Rewrite Our Future:

-David and Zach on Original Jurisdiction:

-Cruel and Unusual: A Podcast on Punishment

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