Advisory Opinions
The Trouble with 'Text, History, and Tradition'
Sep 21, 2023
In this special episode, guest host Zachary Baron Shemtob shares his opinions on the Trump gag order and the controversial text/history/tradition test. The hosts also discuss a Sixth Circuit case on the retroactivity of the First Step Act and the Google antitrust trial, diving into Google's business practices and the challenges of changing default search engines. They debate the effectiveness of the THT test in legal analysis, exploring the confusion between history and tradition. A fun and informative episode, promising more exciting content in the future.
58:23
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Quick takeaways
- Google is facing an antitrust trial that could have significant implications for the future of the internet.
- The use of the text history tradition (THT) test in legal analysis sparks debate and questions about its reliance on historical practices and potential blending of originalism and purposeivism.
Deep dives
The Google antitrust case in the US District Court for the District of Columbia
The US government and several states are suing Google, alleging that the company used anticompetitive practices to dominate the online search market. The central question in the trial is whether Google achieved its dominance through illegal means. The plaintiffs claim that Google paid billions of dollars to Samsung and Apple to make Google the default search engine on their devices, thus excluding competitors. The trial is expected to run about 10 weeks and could have significant implications for the future of the internet.
