

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

Jan 25, 2024 • 45min
Short Circuit 308 | Burns Night
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'.

Jan 18, 2024 • 41min
Short Circuit 307 | Working Both Sides of the Bench
A fascinating podcast episode discusses a case of a prosecutor and a judge with a conflict of interest which affected the outcome. They explore the violation of constitutional rights and the lack of accountability in the justice system. Additionally, the episode delves into the concept of iron's footnotes and its relation to the First Amendment, specifically in the context of Hanukkah advertising restrictions.

Jan 11, 2024 • 43min
Short Circuit 306 | Widespread Super Cheap Surveillance
Discover the intriguing world of trial tactics in a civil rights case, explore the Fourth Amendment's protection of medical records, and delve into the erosion of privacy due to surveillance and AI bots in this episode.

Jan 4, 2024 • 56min
Short Circuit 305 | Rare as Hen’s Teeth
The podcast discusses a search incident to arrest case where the police open a man's backpack, questioning whether a warrant was needed. They also explore a case involving a lying congressman, the Vicinage Clause, and the FBI's involvement. The episode covers topics such as the search incident to arrest exception, interpretations of rules by judges, illegal campaign contributions, money laundering, and the distinction between conduct and effects in venue.

Dec 28, 2023 • 53min
Short Circuit 304 | The Writing on the Wall
The podcast discusses recent victories in occupational speech cases, challenges in proving racial discrimination under Title VII, and Judge Newsom's critique of the majority opinion. It also explores the evolving burden shifting framework in discrimination cases, the limitations of the convincing mosaic theory, and a court case involving the redrawing of maps and its implications for the Voting Rights Act.

Dec 20, 2023 • 43min
Short Circuit 303 | Larry McMurtry Fact Pattern
This episode of Short Circuit covers Fourth Amendment cases where evidence of illegal firearms possession is suppressed. The Tenth Circuit rules a discovery of an M-16 in a tow truck violates the Fourth Amendment, just like the Eighth Circuit ruling on a warrant to search a shady character's home. The host also mentions a Christmas special and introduces upcoming guests.

Dec 14, 2023 • 47min
Short Circuit 302 | Deranged Prosecutor
This podcast explores the limitations on former President Trump's speech during his prosecution. It also discusses a tragic jail suicide and the legal implications surrounding it. Additionally, a unique court decision on qualified immunity and the Taylor versus LeBlanc case are examined.

Dec 7, 2023 • 60min
Short Circuit 301 | Litigating the Multiverse
Braden Boucek, Director of Litigation, and Arif Panju discuss an Eighth Circuit case on a school district's transgender policy. They explore the concept of justiciability and the vague policy. Arif takes us into a French heritage and oil and gas issue in the Fifth Circuit, exploring property rights and ancient doctrine. They also touch on the court's certification to the Louisiana Supreme Court and the complexities of the case.

Nov 30, 2023 • 0sec
Short Circuit 300 | The Cause of Action Community
This episode of the podcast explores the right to sue for voting rights and the attempts to keep former President Trump off the ballot. The hosts discuss the Eighth Circuit's interpretation of the Voting Rights Act and the limitations on suing to enforce rights. They also dive into the legal case against Trump's candidacy in the New Hampshire primary, examining the concept of political competitor standing.

Nov 22, 2023 • 59min
Short Circuit 299 | The Gambler
The podcast explores court cases involving drone regulations and constitutional rights. It discusses challenges to privacy rights, First Amendment issues, and preemption claims. The hosts disagree with court actions and discuss privacy violations by drones. They also delve into a case involving a poker game robbery and the search of iCloud data for evidence. Additionally, the podcast explores the usage and meanings of the phrase 'mine run' in legal opinions.