Divided Argument

Dive into the complexities of constitutional crises, exploring historical examples and their modern parallels. The hosts analyze the intricate dance between judicial authority and executive power, questioning what happens when a president ignores rulings. They unpack a high-profile lawsuit against Smith & Wesson, debating gun manufacturers' accountability. Insights into tort law ignite philosophical discussions, while the responsibilities of social media companies regarding crime are dissected. Discover how state and federal courts differ, with a keen focus on legal predictions and audience engagement.

Join Oren Kerr, a Stanford Law professor and author of 'The Digital Fourth Amendment', as he explores the evolving landscape of Fourth Amendment law. He delves into the implications of modern technology on constitutional rights and critiques the good faith exception in recent cases. The discussion then shifts to the controversial Barnes v. Felix case, examining excessive force by law enforcement and what it reveals about judicial accountability. Kerr’s insights highlight the future challenges in adapting legal standards to protect citizens' rights.

Listeners get a fresh take on the Supreme Court's swift ruling in the TikTok case, exploring legal boundaries and foreign ownership debates. There's a dive into the intricate world of pet food regulations and how they affect consumer rights. The hosts tackle the shadow docket's complexities while dissecting jurisdiction disputes and strategic legal moves. Ethics in the courtroom are scrutinized, and a long-standing bet between the hosts adds a comedic twist. Tune in for insights on legal intricacies and generational social media perspectives!

The hosts dive into the recent controversies swirling around judicial figures and the importance of respectful debate in legal discussions. They tackle the implications of potential Supreme Court nominations and analyze recent rulings on parental rights and firearms. Immigration law complexities take center stage, particularly amid discussions on visa determinations and resource allocation in immigration courts. The episode blends light-hearted anecdotes with critical legal insights, keeping listeners engaged throughout.

After a long hiatus, we're particularly unpredictable with an episode that isn't about the Supreme Court. We're joined by NYU law professor Daryl Levinson to talk about his exciting and important new book on constitutional theory, Law For Leviathan: Constitutional Law, International Law, and the State. Listen to learn why the Supreme Court's constitutional pronouncements on separation of powers might not matter as much as you thought—and along the way you'll find out what might happen to Will if he starts breaking into his colleagues' cars at the University of Chicago parking lot. Law for Leviathan: https://global.oup.com/academic/product/law-for-leviathan-9780190061593?cc=us&lang=en&

The conversation dives deep into the Supreme Court's recent cases, notably what wasn't decided, highlighting complexities in abortion and social media regulations. The impact of historical figures on constitutional thought adds a humorous twist. Legal intricacies around Trump’s ongoing cases reveal political ramifications and the chaos of frivolous litigation. A particularly engaging segment explores the intersection of emergency medical treatment and abortion laws, shedding light on judicial opinions and the evolving political landscape.

Dive into the intriguing intersection of music and constitutional interpretation. Discover how tunes inspire educators to teach the Constitution. Explore the Socratic method's influence on legal education and Supreme Court dynamics. Unpack the complexities of taxation in light of recent court opinions and the 16th Amendment. The hosts tackle historical texts and the application of corpus linguistics, shedding light on the nuanced challenges within modern tax law. Expect humor and critical insights into the future of taxation and constitutional interpretations.

Dive into the intricacies of criminal law as two key cases are explored in relation to January 6th. Discover President Biden’s proposed Supreme Court reforms and their potential political fallout. The podcast tackles complex legal interpretations surrounding obstruction of justice and the Sarbanes-Oxley Act. Ethical dilemmas arise as bribery and gratuities are dissected through landmark decisions. Delve into mens rea, where negligence meets recklessness, and unravel the nuances of judicial dissent and statutory language.

Dive into the intriguing world of judicial ethics and the challenges of Supreme Court oversight. Explore the complex bankruptcy case of Purdue Pharma amidst the ongoing opioid crisis. Discover how the psychology of fairness shapes decision-making in social interactions through the lens of the ultimatum game. Unpack the intricacies of bankruptcy law and the critical implications of Justice Kavanaugh's interpretations. Lastly, venture into the political and legal enigmas surrounding the Jersey Islands and their governance.

As the dust settles on the end of the term, we look back to examine two of the Court's criminal procedure cases: Smith v. Arizona (applying the Confrontation Clause to expert testimony) and Diaz v. United States (interpreting Federal Rule of Evidence 704(b)) after a brief discussion of AI, political developments, and judicial robes.