Short Circuit

Justin Pearson from IJ and Professor Andrew Hessick of UNC discuss Supreme Court cases ranging from property rights to anti-discrimination laws. They explore the complexities of the cases, predict potential outcomes, and highlight the importance of considering long-term impact. The podcast also delves into the regulation of speech, consequences of non-binding commentary, and potential outcomes of removing race from admissions.

The podcast discusses a case where prison officials failed to provide necessary medication to a detoxing inmate, resulting in his death. It explores the violation of the Eighth Amendment and the concept of qualified immunity. The podcast also delves into the challenge of suing about unpaid taxes and having your passport taken away. It raises questions about the right to international travel. Additionally, there is a discussion on COVID's impact on global travel and the use of the Gluxberg standard.

Montana Supreme Court cases on government immunity, racial balance on juries, and voting rights discussed at a symposium. Attorneys share experiences of attending a game and involvement in a voting rights case. Exploration of collective defense for cities, value of oral arguments, impact of implicit bias, and voting restrictions on young people. Discrepancy in fees for prison litigation and navigating complicated laws also discussed.

They discuss the limitations of suing the government for violations of rights, highlighting recent cases. The Tenth Circuit denies a prisoner's chance to sue a prison guard due to a recent Supreme Court decision. In contrast, the Michigan Supreme Court recognizes a remedy for violations of the state constitution. They explore the relationship between the FTCA and constitutional violations. They delve into constitutional harms caused by government actions, emphasizing free speech and the role of the judiciary.

The podcast discusses short-term rental ordinances in New Orleans and Jersey City. The Fifth Circuit found the New Orleans scheme lacking under the dormant Commerce Clause. The Jersey City ordinance survived challenges and sparked an interesting concurrence about regulatory takings law. The hosts also touch on Benjamin Franklin, alternative measures, illegitimate motives, and regulations on short-term rentals.

Attorney Scott Flaherty discusses a recent case where a Wisconsin band of Ojibwe upheld their treaty rights. Sam Gedge explores the rejection of Younger abstention in the Fourth Circuit. The podcast covers taxation issues on Indian reservations, tribal tax exemptions, and foster care challenges. The class action lawsuit in West Virginia raises questions about younger abstention and systemic relief for foster care violations. The speakers also mention personal experiences, harpoons, and upcoming events.

This podcast discusses property rights and intervention cases in the Sixth Circuit, including homeowners being sued for landscaping without permission. Updates on Nashville's home-based businesses and code enforcement, as well as a case involving wineries and intervention. The hosts also talk about the arbitrary nature of zoning and land use regulations, advocating for a reevaluation of property rights and judicial engagement.

Nolan Gray, author of Arbitrary Lines, joins to discuss the flaws of zoning, its history, and potential solutions. They explore the impact of zoning laws on segregation and racial discrimination. The podcast also addresses the challenges of abolishing or reforming zoning policies, such as single-family zoning. The speakers debate the legal basis of zoning and the involvement of state courts. They suggest alternative approaches to address concerns like overcrowding and lack of parking. Additionally, the importance of regulating nuisances and planning the public realm in cities is highlighted.

This week's podcast discusses recent denials of qualified immunity by federal courts. They cover a disturbing case involving a sheriff's deputy, a welfare check, and constitutional claims. They also dive into a racial discrimination appeal under a civil rights law from before the Fourteenth Amendment. Along the way, the hosts share some playful banter and discuss the application of qualified immunity in different cases.

Prosecutorial immunity and accountability, disparities in criminal liability and civil relief for government actors, misconduct of prosecutors and prison system accountability, possible federal court for Trump prosecution, the history and application of removal statute, indictment possibility and strengthening evidence.