

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

Apr 14, 2020 • 0sec
Short Circuit 129 (4/14/20)
Legal battle in Sherwood, Arkansas over fines and fees resulting in jail time. Controversial court decision may require Supreme Court intervention. Scope of Fourth Amendment in Terry stops for misdemeanors. Complexity of crime categorizations and a case involving Numi. Cash confiscation and card fees upon release. Reasonableness of maintenance fees and added fees on tickets.

Apr 9, 2020 • 36min
Short Circuit 128 (4/9/20)
Did you know your city might go bankrupt because it doesn’t respect property rights? Strong Towns, Zoning, and Engineering Licensing
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Newsletter: ij.org/about-us/shortcircuit/
Want to email us? shortcircuit@ij.org
Transcript: https://ij.org/wp-content/uploads/2021/06/Short-Circuit-128_otter.ai-FINAL.pdf
Charles “Chuck” Marohn, Strong Towns https://www.strongtowns.org/contributors-journal/charles-marohn
Strong Towns (the book): https://www.strongtowns.org/book
Village of Euclid v. Ambler Realty Co.: https://supreme.justia.com/cases/federal/us/272/365/
Oregon Engineering Speech: https://ij.org/case/oregon-engineering-speech/

Apr 1, 2020 • 0sec
Short Circuit 127 (4/3/20)
Supreme Court cert grant and petition, unfair seizure of money, interpretation of statute and political shifts in the case of sanctuary cities, ambiguous language in laws and statutes, amending statutes and valuing stolen gold

Mar 26, 2020 • 0sec
Short Circuit 126 (3/26/20)
The podcast discusses cert petitions related to eminent domain, the split in state courts on approval of takings, lack of government accountability and qualified immunity, court questioning the Bureau of Prisons' technology claims, and court cases involving government evidence collection and police misconduct.

Mar 13, 2020 • 0sec
Short Circuit 125 (3/13/20)
Topics discussed in this podcast include double jeopardy and the legal implications of a convicted Army sergeant being acquitted and rejoining the Army, the jurisdictional and substantive issues in a unique prosecution case, the controversy surrounding nationwide injunctions and the discharge of servicemen with HIV in the Air Force, the use of injunctions along the Mexican border and the implications of the Religious Freedom Restoration Act, and the sensitivity of courts towards religious beliefs and the debate surrounding atheism as a religion.

Feb 28, 2020 • 0sec
Short Circuit 124: Live at UGA Law
"Short Circuit 124: Live at UGA Law" features guests Andrew Fleischman, Eric Segall, and Michael Wells. They discuss topics like grand jury secrecy, property destruction during wrongful arrests, and minimum wage fights. The speakers also explore issues surrounding unpublished opinions in appellate courts, unsealing grand jury materials, live streaming in courtrooms, and the legality of resisting an unlawful arrest. They also delve into cases involving destruction of property, false imprisonment, and minimum wage laws.

Feb 20, 2020 • 0sec
Ep. 9: Excessive Fines
Prohibitions on excessive fines date back at least as far as Magna Carta in 1215, and the U.S. Constitution has barred excessive fines since 1791. But the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, and it wasn’t until 2019 that the Court said the Clause applies to the states.
On this episode: the story of how the Supreme Court finally began to incorporate the Bill of Rights rights against the states and the history of excessive fines.

Feb 6, 2020 • 0sec
Short Circuit 123 (2/6/20)
Lawsuit against a Black Lives Matter protest leader, qualified immunity in excessive force claims, a case involving a citizen of Mexico in the United States, and analysis of a complex litigation case

Jan 27, 2020 • 0sec
Short Circuit 122 (1/27/20): Nationwide injunctions
Former solicitor general Scott Keller discusses the nature of injunctions and nationwide injunctions. The controversy surrounding nationwide injunctions in the United States is explored, along with the impact of the administrative state. The distinction between facial and as applied challenges and their relation to the ongoing injunction debate is discussed. The influence of originalism and Article 3 on judicial power and the skepticism towards nationwide injunctions is explored.

Jan 16, 2020 • 0sec
Special Episode: Espinoza v. Montana (1/16/20)
In this podcast, they discuss the upcoming oral argument about a Montana school choice program that allows families to send their children to religious schools. They explore the history of the Blaine Amendments and the impact of different types of high schools on civic engagement and success. They also discuss the importance of coexistence with Islamic minority groups and the need for pluralist educational options.