20 episodes

Yale Law School professors Samuel Moyn and David Schleicher interview legal scholars and dig into the debates heard inside law school halls.

Digging a Hole: The Legal Theory Podcast Digging a Hole Podcast

    • Science
    • 4.9 • 38 Ratings

Yale Law School professors Samuel Moyn and David Schleicher interview legal scholars and dig into the debates heard inside law school halls.

    Ian Ayres and Frederick E. Vars

    Ian Ayres and Frederick E. Vars

    On our last episode of Season 2, Ian Ayres, professor of law and of professor of management at Yale University, and Frederick E. Vars, professor of law at the University of Alabama, join us to discuss their new book Weapon of Choice: Fighting Gun Violence While Respecting Gun Rights. In the book, Ayres and Vars outline decentralized and voluntary policies that can be immediately adopted at the state or federal level to prevent gun-related deaths. We discuss the benefit and the possible downside of presuming second amendment rights and pursuing a neoliberal approach to the issue. We also discuss the politics of the proposal, including the professors’ lobbying efforts.

    Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

    • 43 min
    Oona Hathaway and Craig Jones

    Oona Hathaway and Craig Jones

    On this week’s episode, Oona Hathaway, professor of law at Yale Law School, and Dr. Craig Jones, lecturer in political geography at Newcastle University, discuss their views on law’s role in war and national security. Professor Hathaway’s recent article, National Security Lawyering in the Post-War Era: Can Law Constrain Power?, argues that our current system lacks external constraints on executive branch national security lawyers and suggests division of powers and increased accountability could help remedy these issues. In The War Lawyers: The United States, Israel, and Juridicial Warfare, Dr. Jones focuses more specifically on how military operations have come to rely on lawyers and discusses the consequences of a system where law and war are co-constitutive. The professors discuss where they find common ground and where they diverge, and answer the question of whether there is too much or too little law in war.

    • 1 hr 4 min
    Kate Andrias and Ben Sachs

    Kate Andrias and Ben Sachs

    Professors Kate Andrias, of the University of Michigan Law, and Benjamin L. Sachs, of Harvard Law School, join us to discuss their new article, Constructing Countervailing Power: Law and Organizing in an Era of Political Inequality. They argue the law can facilitate organizing by lower-income groups and that doing so can increase their political power in this new Gilded Age. We also discuss what the politics of labor politics and labor history can tell us about the authors’ proposal.

    Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

    • 55 min
    Maggie Blackhawk and K-Sue Park

    Maggie Blackhawk and K-Sue Park

    Professors Maggie Blackhawk and K-Sue Park join us to discuss their recent work diving into the erasure of Native people in legal scholarship, pedagogy, and doctrine. Professor Blackhawk tells us about her recent article, Federal Indian Law as Paradigm Within Public Law, which argues that Native history and federal Indian law are necessary to better understand and develop Constitutional law. Professor Park discusses her draft article, Conquest and Slavery as Foundational to Property Law, which argues for acknowledging histories of Native dispossession and slavery in legal pedagogy and scholarship.

    Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

    • 1 hr 13 min
    Jamal Greene

    Jamal Greene

    Jamal Greene, Professor of Law at Columbia Law School, joins us to discuss his new book, How Rights Went Wrong: Why Our Obsession with Rights is Tearing America Apart, in which he argues that we need a new approach to adjudicating rights claims. We discuss the flaws he sees in our current system—namely his assessment that courts either offer an absolute right or total deference to legislatures, depending on the right at issue. He also proposes an alternative approach where we can take everyone’s rights claims seriously.


    Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

    • 1 hr 8 min
    Stephen Sachs and Ernest Young

    Stephen Sachs and Ernest Young

    Stephen Sachs and Ernest Young, professors of law at Duke University, join us for a debate on the Erie doctrine. We pit these two scholars against one another to find out whether Erie was wrongly decided. Should state courts have the “last word” on interpretations of state law? Should we limit the role of general law? Does any of this matter?

    Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

    • 55 min

Customer Reviews

4.9 out of 5
38 Ratings

38 Ratings

Viveca1 ,

Bravo!

Fabulous and fascinating interviews! Thank you for making this! Looking forward to listening to more in 2021. 🙂

imnotcreativeenuff4thizshiz ,

Thank you Sam!

A delight and a wonderful service during the coronavirus exile

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