Advisory Opinions

Sarah and David return to Harvard Law School to beguile the next generation with stories of squirrel rescues and FedSoc of yore. Oh yes, and to discuss the Trump indictments.-FedSoc: Generations-What we don't know about the Trump indictments-Sarah and David, criticized-Stretching the facts // Stretching the law-What happens now?-Alan Dershowitz reminiscence-DeSantis and the Questionable Circumstances Exception Standard-Q&ABonus discussion: Jonesing for Sarah's explainer on anti-perpetuity? Check it out on The Dispatch Podcasts YouTube channel. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David spin through a carousel of cases, argue about theoretical swastikas, debate the merits of true crime content, and even bring on returning guest Christopher Bogart to discuss commercial litigation (and why you should really care!). The journey includes: When Gorsuch sided with Donziger Jack Daniels and Bad Spaniels: Trademark wars Things Lisa Blatt can get away with that no one else can (so for the love of God, don’t even try) Justice Jackson calling to reign in Munsingwear Vacatur Sarah’s beef with true crime (or: when Sarah lost the internet) Texas West A&M University President gives double middle fingers to the law Hostile learning environment vs the First Amendment And finally, a guest breakdown on worrying trends in commercial litigation Show Notes:-Substack piece regarding Stormy Daniels Trump Prosecution Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah and David divide and conquer in an especially busy episode. Following a bright announcement from host emeritus, we delve into... Trump’s possible defense against the Manhattan DA Congress moving forward on a TikTok ban, but is it constitutional? Is a bad joke to an admissions officer relevant to the Harvard discrimination case? Stanford Dean’s public letter A memo for young lawyers. Show Notes:-There's a problem with banning TikTok. It's called the First Amendment-Stanford Dean: Diversity and Free Speech Can Coexist at Stanford-The Secret Joke At The Heart Of The Harvard Affirmative-Action Case-A Plea for Free Speech in Boston-Judge Lee Rudofsky's Memo Learn more about your ad choices. Visit megaphone.fm/adchoices

With possible Trump indictments looming, Sarah and David meet face to face to discuss. Will the Manhattan D.A. set a precedent on prosecuting a former president based on a shaky theory of law? From New York to Georgia, the indictments are coming..(?) We need a better political class in the country The Bob McDonnell Option The Rule of "Bad Guy Goes to Jail" WTF Rand Paul (and House Republicans) Also: Sarah's news Show Notes:Sentencing Memorandum for Michael Cohen Learn more about your ad choices. Visit megaphone.fm/adchoices

Stanford Law School students want to have it both ways on speech rights, which means you get to enjoy a firey sequel to Tuesday's epic, infinity-long episode! Plus... -Your comments on the Stanford Squeeze, answered-Stanford dean getting the Game of Thrones walk of shame treatment-Sarah is on a journey-A brief aside on Amy WaxShow Notes:-Article: Law Schools Must Stop Intolerance From Disruptive Students -Wax's Grievance Letter Learn more about your ad choices. Visit megaphone.fm/adchoices

Judge Kyle Duncan and David Lat discuss the Stanford Law School disruption, the response from administrators, the debate over shouting down speakers, and the idea of federal judges boycotting the school. They also explore the importance of intellectual diversity in law firms and compare Stanford's mishandling of the incident to Harvard's approach.

David and Sarah are coming to you from live from the University of Kentucky answering the most pressing legal questions:-Is wokeism a religion?-Can an employer only hire like-minded people?-Will Biden push ESG investment practices?-What does Gruyere cheese have to do with the law?-When should schools outsource discipline to the criminal system?-What was one NYT author thinking? Or smoking?-And will David possibly reveal his darkest secret yet? Learn more about your ad choices. Visit megaphone.fm/adchoices

The saga continues with an episode that really should come with its own trigger warning for being just too sexy. Take a deep breath…-Safe spaces of yore (David's establishment clause victory)-The Finality Question, or: Losing My Jurisdiction-A death row case creates strange bedfellows and scrambles Sarah’s grand theory of the Roberts court-David can’t wait to tell you about this Bank Secrecy Act case-Is anyone still listening?-What happens when you pick the wrong boyfriend?-Gorsuch is annoyed-Excited for escheatment!-The Murdaugh trial: Proof of Stupid-Should we feel bad for the Georgia grand jury foreperson?Show Notes:-City of Ocala, Florida, Petitioner v. Art Rojas, et al.-Supreme Court asks for more briefs on important election-law case-Links to SCOTUS opinions-Was the Alex Murdaugh Guilty Verdict Too Hasty?-That one juror Learn more about your ad choices. Visit megaphone.fm/adchoices

Are you ready for a MOHELA good time? Sarah and David try to read the tea leaves as SCOTUS scrutinizes Biden's student loan forgiveness and the future of the Consumer Financial Protection Bureau. Also: terrorism on Twitter and cert grant update. The saga begins.Show Notes:-Biden v. Nebraska oral argument transcript-David Lat: On the need for diverse viewpoints-David Lat: More thoughts on intellectual diversity-Twitter v Taamneh oral argument transcript  Learn more about your ad choices. Visit megaphone.fm/adchoices

Podcast-skeptic Judge Neomi Rao joins Sarah and David on the sidelines of the National Constitution Center’s Conference to talk circuit decisions, career path rejections, and tips for young clerks. But first: a primer on the most important office you’ve never heard of.Show Notes:-The Hedgehog and the Fox in Administrative Law-Judge Rao's Dissent Learn more about your ad choices. Visit megaphone.fm/adchoices