

Short Circuit
Institute for Justice
The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. http://ij.org/short-circuit
Episodes
Mentioned books

Jul 22, 2022 • 34min
Short Circuit 229 | Recording the Police
The podcast discusses the First Amendment right to record police officers, highlighting a case in the 10th Circuit where an officer attempted to prevent a vblogger from recording him. The court's decision and the concept of qualified immunity are explored. Another case in the 5th Circuit involving a Texas prison is discussed, focusing on the issue of mootness. The chapter also delves into the use of procedural barriers by the government to avoid constitutional claims and criticizes the judicial culture that favors government procedural arguments.

Jul 15, 2022 • 39min
Short Circuit 228 | No Portable Signs
They discuss a recent victory in a First Amendment case against a town that banned portable signs. They also explore the reversal of a district court ruling and the issue of vehicle sign bans. The chapter delves into the concept of being free to leave and the wonkiness of free to leave jurisprudence.

Jul 7, 2022 • 49min
Short Circuit 227 | Salt Mines and Open Fields
The podcast explores an unfair labor practice case involving a union joke and the interpretation of the Fourth Amendment's open field doctrine. It also discusses the inefficiency of the NLRB in litigating unfair labor practice charges and the implications of a recent Supreme Court opinion on the virtual economy and social media. Additionally, it delves into a case of warrantless seizures on a cattle farm and the application of the Open Fields Doctrine.

Jul 1, 2022 • 56min
Short Circuit 226 | Short Circuit Live Constitutional GPA
Live at UCLA, the podcast introduces a new civil rights tool called Constitutional GPA, which grades each state on government accountability. The podcast explores cases involving First Amendment retaliation, excessive force by police officers, filing in state courts, determining libelous content in parodies, and the impact of qualified immunity on constitutional rights. It also discusses the challenges in seeking justice for constitutional violations.

Jun 23, 2022 • 53min
Short Circuit 225 | Supreme School Choice Victory
Michael Bindas, senior attorney at the Institute for Justice and lead attorney in Carson v. Makin, discusses the recent Supreme Court victory in favor of school choice. They explore the constitutionality of school choice programs, the process of arguing a case at the Supreme Court, and the release of the court's opinion. They also address religious exclusion in Maine's school choice program and the idea of government neutrality towards religion.

Jun 16, 2022 • 56min
Episode 224 | Cameras on Poles Recording Everything
The podcast discusses the use of cameras on poles without a warrant and the potential Supreme Court involvement. It also explores a case in Indiana regarding the delegation of power by the legislature. The podcast delves into the complexities of the Fourth Amendment and the expectation of privacy, as well as the application of the good faith exception and the exclusionary rule. It examines the privacy implications of surveillance cameras, the contrast between opinion writing styles, and the concepts of standing and ripeness in legal cases.

Jun 10, 2022 • 34min
Short Circuit 223 | Clerks and Harassment
Special guest Aliza Shatzman, co-founder of The Legal Accountability Project, discusses the lack of legal protections for law clerks and presents a recent case from the Fourth Circuit. Kirby Thomas West of IJ discusses a Fifth Circuit case on qualified immunity. They address the prevalence of harassment faced by clerks and the need for legislation to address discrimination.

Jun 6, 2022 • 36min
Short Circuit 222 | Live at IJ’s Law Student Conference
At the 2022 Institute for Justice’s Law Student Conference, the hosts discuss a case involving a restriction on political advertising on buses and the court's ruling. They also analyze a case on bus advertisements and viewpoint neutrality. The Manski case and its implications for unconstitutional laws are highlighted. The difference between facial and as applied challenges in constitutional litigation is explored. The Supreme Court case in North Carolina challenging the ban on out-of-state alcohol retailers is discussed, along with the three-tier system of alcohol distribution.

May 26, 2022 • 32min
Short Circuit 221 | The Big Mac
In this podcast, they discuss headline-grabbing constitutional cases, including the importance of the right to a jury trial and the unconstitutionality of Florida's social media law. They also touch on the concept of mootness during the pandemic and analyze the implications of Rule 68 offers in legal cases. The podcast explores court decisions, mask mandates, and the ADA's impact on reasonable accommodations.

May 19, 2022 • 32min
Short Circuit 220 | Timing Is Everything
The podcast discusses the Ninth Circuit's decision on Rule 68 and offers of judgment, highlighting the counterintuitive traps for lawyers. It also explores the latest chapter in mask lawsuits from the Eighth Circuit and the challenges of determining the finality of cases during the pandemic. The concept of mootness and its implications are analyzed, along with discussions on the application of the Americans with Disabilities Act in mask mandate cases.