Unpublished Opinions

Institute for Justice

What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.

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    Unpublished Opinions 20 | And Fascism

    Your IJ roundtable is back with hot takes and tepid reflection. John Wrench, joined by Sam Gedge and Josh Windham, share tips on how to do law, do life, and do European-on-European colonialism. Subjects include what has shaped the way they think about the law, what they wish they knew earlier in their legal careers, the status of text, history, and tradition, and, naturally, the Dodecanese Islands. Anti-Slavery Political Writings (ed. C. Bradley Thompson) Death by Lightning The Heroes Originalism and the Illusions of Objectivity Born Equal: Remaking America’s Constitution 1840-1920 My Thoughts Be Bloody

    1 giờ 12 phút

  2. 27 THG 10

    Unpublished Opinions 19 | The Highest Court in the Land

    With the new Supreme Court term underway, John Wrench welcomes Anya Bidwell and Anthony Sanders for a SCOTUS-themed romp—including which justice is the ideal dinner guest and the past case you’d most like to argue—followed by an extremely competitive lightning round of wide-ranging SCOTUS trivia.  Empirical SCOTUS on oral arguments Wilkie v. Robbins Youngstown Sheet & Tube v. Sawyer Zbig biography The Room Where It Happened The Meaning of Everything The Victorian Bar Life, Law & Liberty Between Two Fires

    43 phút

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    Unpublished Opinions 18 | Picking Favorites

    Constitution Day might have been September 17, but Diana, Patrick, and John are still celebrating. From the insight that rights come before—not from—the government, to the evergreen challenge of constraining power, the trio admire favorite features of the U.S. Constitution, propose amendments, and discuss the dangers of viewing rights through a partisan lens.  Extreme Punishment Alien Earth Sputnik Judicial Time Discworld

    56 phút

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    Unpublished Opinions 17 | Stand By

    Lots of hot takes on the Supreme Court, the Supreme Court, and even as varied a subject as the Supreme Court. With sub-categories: whether the words “privileges or immunities” in Section 1983 mean anything at all, Harvard Forwards and Conservative Warrens, and class actions. Plus, what we’re reading and why ChatGPT is very sorry for the wrongs it has inflicted upon cite checkers. Medina v. Planned Parenthood S.A. Section 1983: A Strict Liability Tort AI sanctions opinion The Gun, the Ship, and the Pen Chernow’s Mark Twain The Tainted Cup The Female Quixote

    59 phút

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    Unpublished Opinions 16 | Rings of a Hoary Oak Tree

    A new edition of everyone’s favorite legal grimoire has dropped, and John Wrench convenes Sam Gedge and Diana Simpson to ask the hard questions: Is the Bluebook a sacred scroll, or an eldritch horror that feeds on the souls of each new generation of lawyers? The party ponders the secrets revealed by a Bluebook insider, including the mysterious process behind some controversial changes in the newest edition. See, e.g., Bluebook at Rule B5.3 (discussing new “citation modified” parenthetical) (cleaned up). From there, they turn from one arcane text to another: Dictionaries are often treated as skeleton keys for unlocking original meaning, but it turns out they require careful handling lest they be misread or misused. The journey wraps with reflections on how—with the recent Skrmetti decision as a case study—public interest litigation often demands hard judgment calls about whether to press forward or hold back, how to weigh principle against timing, and what “victory” looks like. Jack Metzler, Cleaning up Quotations M. Burke Craighead, The Bluebook: An Insider's Perspective Scalia & Garner, A Note on the Use of Dictionaries New York times piece on Skrmetti Jennifer Mascott, The Dictionary as a Specialized Corpus

    52 phút

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    Unpublished Opinions 15 | The Oz Machine

    Done with oral argument at SCOTUS in Martin v. United States, Patrick Jaicomo and Anya Bidwell rejoin the rotation to yell at clouds and, along with this month’s host, give their unpublished opinions about what it’s like to argue before the Supreme Court, the presumption of regularity, universal injunctions, the moment of threat doctrine, appointed amici arguing cases, too-long briefs, and much else! Case page in Martin v. US Oral argument in Martin Oral argument in universal injunctions case Barns v. Felix Medical Marijuana v. Horn Easha Anand on Short Circuit about Horn Red Rooms The Gatekeepers Patrick’s and Dan's article Jane Austen’s Bookshelf Missing Molly

    1 giờ 15 phút

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    Unpublished Opinions 14 | On the Garamond Question

    Spring hath finally shaken off the winter of Arlington’s discontent, and host John Wrench gathers IJ barristers Sam Gedge and Josh Windham for a scene that proves that all the law’s a stage. The trio ponders why powerful constitutional lines often go unspoken while villainous doctrines persist for decades. Next, they debate whether strategically timed law review articles are really amici in academic costume (“The play’s the thing/Wherein I’ll catch a citation”), and Sam wields his editorial dagger against footnotes that skulk in the wings of legal briefs. The conversation turns to oral argument preparation—from Josh being mistaken for an actor rehearsing lines, to circular outlines, to generative AI—and closes with a meditation on whether the ideal dissenting opinion is performance art, a righteous aria, or a whispered cue for future casts. Timbs v. IndianaOrin Kerr’s post on strategically timed scholarshipJosh’s argument in PA Open FieldsJudge Wilkinson’s opinion in the Abrego Garcia caseDouglas Murray’s Democracies and Death CultsSarah Maas’s A Court of Thorns and RosesNetflix’s Il Gattopardo (The Leopard)Vladimir Nabokov’s Pale Fire

    1 giờ 10 phút

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    Unpublished Opinions 13 | You’re Yucking My Yum

    A flurry of ideas about the state of the law, the universe, and, well, everything. Including, at least, the impeachment of judges, how lawyers educate each other through media, corpus linguistics and AI, removals and remands in our Brave New World of Royal Canin USA v. Wullschledger, and a good walk spoiled. Royal Canin USA v. Wullschledger Laurent Sacharoff, The Broken Fourth Amendment Oath The Princess Bride Luke Milligan, Open Fields and Right to be Secure Joshua Windham, The Open Fields Doctrine is Wrong Stephanie Barclay, Constitutional Rights as Protected Reasons Tinker, Tailor, Soldier, Spy (BBC)

    1 giờ 5 phút
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Giới Thiệu

What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.

Thông Tin

  • Nhà sáng tạo
    Institute for Justice
  • Năm hoạt động
    2024 - 2025
  • Tập
    20
  • Xếp hạng
    Sạch
  • Bản quyền
    © Institute for Justice
  • Trang web chương trình
    Unpublished Opinions

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