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
Nov 19, 2021 • 0sec
Short Circuit 197 | No Vehicles in the Park Remix
Legal philosopher HLA Hart's debate on whether a rule forbidding vehicles in a park includes bicycles, toy cars, and airplanes. DC Circuit's recent opinion on fuel efficiency standards and the definition of a vehicle. Ninth Circuit's ruling on Montana's ballot access system. Challenges faced by the Green Party in Montana. Efforts of major parties to keep minor parties off the ballot.
Nov 12, 2021 • 0sec
Short Circuit 196 | 50 Years of “Our Federalism”
The podcast discusses the 50th anniversary of the Younger v. Harris case, exploring its impact on federal claims and the challenge of fighting state court systems that have become debtors' prisons. It also investigates the origins of the term 'Our Federalism'. The podcast delves into the consequences of debtor's presence in Ferguson and examines the threats to federalism due to dysfunctional state courts. The use of lower case in legal cases and the significance of important legal doctrines are also explored.
Oct 28, 2021 • 0sec
Short Circuit 195 | Pride and Prejudice in Prison
Topics discussed include censorship of books and art in prisons, controversy over an over-breadth challenge, censorship in prison and a DUI arrest, and the implications of an arrest in a potential DUI case.
Oct 21, 2021 • 0sec
Short Circuit 194 | Arboreal Takings and the Sidewalks of New York
The podcast discusses a variety of interesting topics, including government measures to encourage tree preservation, excessive fines, the definition of religious worship, a takings case involving environmental value, penalties for tree damage, land use regulation, and a lawsuit involving Falun Gong practitioners.
Oct 15, 2021 • 0sec
Short Circuit 193 | Hamilton Singing Fire in a Crowded Theater
Guests Bob Belden and Kirby Thomas West discuss interesting topics including a civil forfeiture case involving a letter from Alexander Hamilton, a fire on a movie set turning into a First Amendment retaliation claim, and the challenges of contesting civil forfeiture by the federal government. They also explore the mysterious disappearance and recovery of the letter, the complexities of a forfeiture case brought by the government, and the confusion surrounding adverse possession of government land.
Oct 8, 2021 • 32min
Short Circuit 192 | Standing Up for a Dollar
It’s taken five years, but the clients of IJ senior attorney Paul Avelar can now finally get their day in court thanks to a ruling in the Ninth Circuit. Paul joins us to explain why it takes so long to just try and vindicate your rights, and how Arizona’s (thankfully former) civil forfeiture system allowed prosecutors to keep people’s property over and over again, including, at first, his client’s car. Meanwhile things got SALT-y in the Second Circuit where whatever you think about the state-and-local-income-tax deduction the court says it’s not constitutionally guaranteed. Former New Yorker and IJ attorney Will Aronin uses some family-friendly yet SALT-y language to describe the state’s high taxes and it and a few other states’ successful efforts to have standing, but unsuccessful attempts at anything else.
Click here for transcript.
Oct 1, 2021 • 0sec
Short Circuit 191: Judicial Activism for Reals
In this podcast, they discuss a court case involving homelessness on Los Angeles's skid row and the Ninth Circuit's reversal of the district court's decision. They also explore the issue of throwing money at homelessness and restrictive zoning laws. Another topic is the denial of an insurance claim for losses due to the COVID-19 pandemic. They delve into the challenges businesses face in understanding insurance contracts and the future of pandemic insurance. Lastly, they briefly mention how asteroids have killed people.
Sep 23, 2021 • 0sec
Short Circuit 190: A Crime a Day in Prison
Mike Chase, author of 'How to Become a Federal Criminal' and the man behind the @CrimeADay Twitter account, discusses Congressman Devin Nunes suing people he doesn't agree with. They also explore cases of prisoners winning against cold turkey tactics and the meritorious claims of prisoners.
Sep 17, 2021 • 0sec
Short Circuit 189 | Supreme Court Preview, OT 2021
Join the hosts in a live recording of the podcast as they kick off with a trivia game about the upcoming Supreme Court term. Get a preview of important cases and cert petitions, including water rights, abortion restriction, disability discrimination, and the regulation of billboards. Explore the legal implications of emotional distress damages for disability discrimination, the impact on commercial speech, and the intersection of sovereign immunity and veterans' rights. Discuss the challenges of suing federal agents in cases of police accountability and the need for addressing the restrictive nature of bivens actions.
Sep 2, 2021 • 44min
Short Circuit 188 | Chalked Tires and the Other ACA
Ever rolled your tires to try and cover up the meter maid’s chalk mark? No, me neither . . . But even if you haven’t, you might not have to worry about tire chalk marks much longer. Josh Windham explains how the Sixth Circuit has said that’s an unreasonable search. And out West it turns out there’s so much law in Yellowstone National Park (the Wyoming bit, at least) that a camper gets out of an assault charge because of a law called the ACA (just not the one you’re thinking of). The camper didn’t commit the Perfect Crime, but Dan Alban talks about it while he’s in the district.
Taylor v. City of Saginaw
United States v. Harris
Brian Kalt, The Perfect Crime
C.J. Box, Free Fire
Dan Alban, https://ij.org/staff/dalban/
Josh Windham, https://ij.org/staff/joshua-windham/
Anthony Sanders, https://ij.org/staff/asanders/


