Short Circuit

Short Circuit 308 | Burns Night

Jan 25, 2024

Celebrate Robert Burns' birthday with a poetic episode on Short Circuit. Topics include qualified immunity, a case in the Fifth Circuit related to the 'Reader Act,' challenges faced by book vendors in Texas due to a law requiring book rating, the future of a law and challenges for litigators in foreign jurisdictions, e-filing and electronic signatures in legal documents, and an exploration of Robert Burns' poem 'To a Mouse'.

44:56

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Quick takeaways

Even with the best systems in place, unexpected incidents can still occur.

The poem 'To a Mouse' serves as a reminder of the fragility of human plans and the need for resilience in the face of adversity.

Deep dives

A Decomposing Mouse in a Bottle of Coke: Best Laid Plans Gone Awry

In a product liability case, a man discovers a decomposing mouse in a bottle of Coke and sues the bottling company. Despite the company claiming their system ensures safety and that there is no way the mouse could have been in the bottle, the court rules in favor of the plaintiff, citing the line from Robert Burns' poem, 'The best laid schemes o' mice and men gang aft aglay,' emphasizing that even with the best systems, unexpected incidents can occur.

Introduction

6min

A Poem by Robert Burns and a Case in the Fifth Circuit

2min

Challenges and Constitutional Issues in Book Rating and Reviewing

16min

Discussion on the Future of a Law and a Warning to Litigators

5min

E-filing and Electronic Signatures in Legal Documents

8min

Exploring 'To a Mouse' by Robert Burns

8min

A more poetic Short Circuit this week. Coinciding with his birthday, January 25th, and with the phenomenon that it is these days, we pay homage to Scotland’s greatest poet, Robert Burns. What does this 18th century minstrel of haggis, lassies, and auld lang syne have to do with judicial engagement and the circuit courts of appeals? Well, if nothing else free spirited inquiry and the good cheer we try and support on the show. You’ll first hear what Burns might have thought of qualified immunity. Then Brian Morris of IJ joins us for his own reading of some bits of real Burns poems and then whisks us off to the Fifth Circuit where Texas tried to force publishers to rate their books. This attempt at compelled speech receives a heavy dose of judicial engagement, maybe one that would bring a smile to Burn’s face. Then it’s up to the Seventh Circuit where a lawyer just didn’t understand when to go home after his client had settled the case. And after the lawyer had been kicked out of the case for misbehavior. We finally end with the most cited poem of Burns in American judicial opinions. It’s one some listeners will recognize. All-in-all, we hope this episode is one of our best-laid schemes.

Click here for transcript.

Book People v. Wong

Bailey v. Worthington Cylinder Corp.

Jackson Coca-Cola Bottling v. Chapman

Burns Supper Guide

To a Mouse, On Turning Her Up In Her Nest With the Plough

A Man’s a Man for a’ That

Green Grow the Rashes

Burns BBC Documentary