January 13, 2022
Short Circuit 202 | Rules for Traffic Stops
Ever wondered when the police can pull you over and what they can do once you stop? Then this episode brings news you can use […]
Listen NowJanuary 06, 2022
Short Circuit 201 | The Fifth Circuit: It's Complicated
It’s a new year but little is new with qualified immunity in the Fifth Circuit. Or is it? Easha Anand of the MacArthur Justice Center […]
Listen NowDecember 17, 2021
Short Circuit 200 | Origins
It’s our 200th episode! We’re taking this second century as an excuse to explore where Short Circuit came from and what it’s done, both the […]
Listen NowDecember 09, 2021
Short Circuit 199 | The Right Not To Be Framed and It's Greek To Me
In what may be the most obvious of examples of obvious constitutional violations, we discuss the right to not have the police put you in […]
Listen NowDecember 02, 2021
Short Circuit 198 | International Trade and Standing for Guns
Where do you go to challenge an illegal tax? Well, if that tax is a tariff your destination is the United States Court of International […]
Listen NowNovember 19, 2021
Short Circuit 197 | No Vehicles in the Park Remix
Fans of the Hart-Fuller debate are gonna love this one. As will normal people who have no idea what that means. Legal philosopher HLA Hart […]
Listen NowNovember 12, 2021
Short Circuit 196 | 50 Years of "Our Federalism"
In addition to some other civil rights anniversaries, 2021 marks 50 years since the Supreme Court decided Younger v. Harris. There, the Court made it […]
Listen NowOctober 28, 2021
Short Circuit 195 | Pride and Prejudice in Prison
What’s too hot a novel for a prisoner? Apparently “Pride and Prejudice: The Wild and Wanton Edition” meets that standard. The Eighth Circuit dug into […]
Listen NowOctober 21, 2021
Short Circuit 194 | Arboreal Takings and the Sidewalks of New York
How can the government encourage us to keep our trees? In all kinds of ways, but not through mandating the replanting of trees regardless of […]
Listen NowOctober 15, 2021
Short Circuit 193 | Hamilton Singing Fire in a Crowded Theater
What did Alexander Hamilton tell the Marquis de Lafayette on July 21, 1780? Probably not that his letter would be the subject of a civil […]
Listen NowOctober 08, 2021
Short Circuit 192 | Standing Up for a Dollar
It’s taken five years, but the clients of IJ senior attorney Paul Avelar can now finally get their day in court thanks to a ruling […]
Listen NowOctober 01, 2021
Short Circuit 191: Judicial Activism for Reals
Frustrated with the deeply complicated issue of homelessness on Los Angeles’s skid row, a district court took the law into its own hands and ordered […]
Listen NowSeptember 23, 2021
Short Circuit 190: A Crime a Day in Prison
Mike Chase, author of “How to Become a Federal Criminal” and the man behind the @CrimeADay Twitter account, joins us to lay out the Eighth […]
Listen NowSeptember 17, 2021
Short Circuit 189 | Supreme Court Preview, OT 2021
For the fifth year in a row the Center for Judicial Engagement travels to the University of North Carolina School of Law to preview the […]
Listen NowSeptember 02, 2021
Short Circuit 188 | Chalked Tires and the Other ACA
Ever rolled your tires to try and cover up the meter maid’s chalk mark? No, me neither . . . But even if you haven’t, […]
Listen NowAugust 26, 2021
Short Circuit 187 | How Binding Is Your Dicta?
The Third Circuit allowed a Second Amendment case challenging Robinson Township’s new zoning ordinance to proceed. Did they town change their zoning laws just to […]
Listen NowAugust 12, 2021
Short Circuit 186 | Chillin’ With Uber
Usually a “chill” on your freedom of speech is the easiest constitutional injury to prove. But in the Tenth Circuit it seems if you speak […]
Listen NowAugust 05, 2021
Short Circuit 185 | Guns and Football
More on two of America’s favorite subjects this week. Josh House rejoins us as we analyze six separate opinions about one football coach. Josh last […]
Listen NowJuly 28, 2021
Short Circuit 184 | California Constitutional Dreaming
On a special Short Circuit we look at the Constitution, and the constitutional history, of the Golden State. With two state constitutions and conventions in […]
Listen NowJuly 23, 2021
Short Circuit 183 | Expectations of Surveillance
The Supreme Court has said a “search” occurs when the police invade your “reasonable expectation of privacy.” So what is a “reasonable expectation” to be […]
Listen NowJuly 15, 2021
Short Circuit 182 | Putting the Protection in “Equal Protection”
Today we think of the Equal Protection Clause as requiring equal treatment of the laws. But in addition to anything else it covers, at its […]
Listen NowJuly 08, 2021
Short Circuit 181 | Mandatory Associations
It’s not often that we get three different appellate opinions on the same issue in one week. But recently the Fifth Circuit (twice) and the […]
Listen NowJuly 02, 2021
Short Circuit 180 | A Fifth of Qualified Immunity
The Fifth Circuit is not boring. In just one week they served up enough qualified immunity cases to fill an entire episode, and then some. […]
Listen NowJune 24, 2021
Short Circuit 179 | Taking Bees with the Police Power
Something that is not the bee’s knees is when the county mosquito sprayers forget to tell you to cover up your bees so they don’t […]
Listen NowJune 17, 2021
Short Circuit 178 | First Amendment Home Design
If I express myself through designing a new house, is that expression protected by the First Amendment? Last week the Eleventh Circuit avoided that question […]
Listen NowJune 11, 2021
Short Circuit 177 | When Are Judges “Too Cool?”
How many pop culture references can a judge make in an opinion before we start to cringe? “Dean” of #AppellateTwitter Raffi Melkonian joins us to […]
Listen NowJune 04, 2021
Short Circuit 176 | Conjunction Junction, what’s your function?
There’s this mysterious word in English that courts love to talk about, the Notorious A-N-D. Does it, in fact, mean “and?” Or does it mean […]
Listen NowMay 28, 2021
Short Circuit 175 | Tax Takings and Reservation Creation
Can the county foreclose on your house because you haven’t paid your taxes, and then just keep the rest of your equity? In Ohio, yeah, […]
Listen NowMay 21, 2021
Short Circuit 174 | The Right to “Bear” Arms
Second Amendment scholar David Kopel sits down with us to set the stage for a big issue we’ll hear a lot about over the next […]
Listen NowMay 13, 2021
Short Circuit 173 | Public Accommodations and High Speed Snaps
Legal raconteur and writer David Lat joins us for some underneath-their-robes hijinks. David talks a bit about his new venture and his battle with COVID-19. […]
Listen Now