أفضل بودكاسات Short Circuit (2025)

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Short Circuit 397 | Supreme Court Preview from UNC 51:57

5d ago51:57

51:57

Dropping on First Monday, the Supreme Court’s first day of the October 2025 term, it’s our annual Supreme Court preview, recorded live at the University of North Carolina. Re-joining us after a very long hiatus is Sheldon Gilbert, the original host of the very first preview and very first Short Circuit Live, way back when he was the Director of the…

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Short Circuit 396 | Voting and Carrying in History 48:49

7d ago48:49

48:49

Two opinions that dig into history, one on voting rights the other on gun rights, and both from the Fourth Circuit. First, Dan Nelson of IJ tells us of a challenge to a North Carolina law that criminalizes voting by felons, even when the voter legitimately thinks they are eligible to vote. The statute was passed back during Reconstruction for racis…

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Short Circuit 395 | Won’t You Take Me To YIMBYTown? 41:42

14d ago41:42

41:42

It’s a Short Circuit Live from YIMBYTown! We travel to the Yes-In-My-Back-Yard conference, held this year in New Haven, Connecticut. Our guests discuss recent cases and controversies related to efforts to build more homes and also, unfortunately, do the opposite. First up is David Schleicher, aka “Professor YIMBY,” of Yale Law School. David updates…

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Short Circuit 394 | Speech Over Licensing 44:29

21d ago44:29

44:29

It’s a free speech episode with two rulings for the First Amendment. Paul Sherman of IJ details a victory that the Institute for Justice litigated at the Seventh Circuit. IJ represents a “death doula,” someone who helps people deal with many things that come up when a loved on passes away. Indiana said that she needed a funeral director’s license t…

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Short Circuit 393 | As Goes Maine So Goes the Constitution 46:16

28d ago46:16

46:16

Your right to remain silent just got a little stronger in the Pine Tree State. We welcome on Carol Garvan of the Maine ACLU to discuss a recent ruling from the state’s highest court. Under police questioning a suspect asked about an attorney being present and whether he had to answer questions, but did so a bit ambiguously. Was that enough to invok…

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Short Circuit 392 | The NFL Commissioner Decides 45:35

1M ago45:35

45:35

Arbitration may not sound like the most exciting subject, but it recently made for an exciting story at the Second Circuit. Former Miami Dolphins coach Brian Flores sued several teams and the NFL itself. In response, the NFL said the case had to go to arbitration. Which was pretty convenient because the NFL’s arbitration clause gives the job of arb…

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Short Circuit 391 | 7th Circuit Judicial Conference 1:05:30

1M ago1:05:30

1:05:30

Short Circuit traveled to Chicago for a live recording on the eve of the Seventh Circuit’s biannual Judicial Conference. In front of a crowd of Seventh Circuit enthusiasts your host spoke with some experts about some of the court’s recent opinions and how the circuit works. That included Sarah Konsky of the University of Chicago, appellate speciali…

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Short Circuit 390 | Kangaroo Courts 49:11

2M ago49:11

49:11

The Constitution separates “the judicial power” from “executive power.” Well, that’s the theory at least. A mixing of these powers led to some massive fines against a family farm. But Robert Fellner of IJ is happy to report that the Third Circuit recently ruled that’s a problem. In a case that IJ itself litigated, the court ruled that Article III o…

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Short Circuit 389 | On Walden Fourth Amendment 1:06:58

2M ago1:06:58

1:06:58

It’s Sixth Circuit week on Short Circuit with a couple Sixth Circuit lawyers who clerked on the Sixth Circuit and practice law in Michigan. (Which is where? That’s right, in the Sixth Circuit.) David Porter and Sean Dutton spin yarns about some recent Sixth Circuit opinions, including with a bit of an inside look on what the circuit’s judges think …

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Short Circuit 388 | Crazy Fast Speeds 45:59

2M ago45:59

45:59

Did you know the feds can send a subpoena to social media companies to find out stuff about your accounts and also order the same companies not to tell you? Turns out it happens all the time. But the law says that a court has to make an individualized assessment of each request. Some federal agents convinced a district court to just let them do all…

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Short Circuit 387 | The Business of Baseball 51:07

2M ago51:07

51:07

On the heels of the trade deadline, Rob Johnson of IJ reports on some baseball news. But it doesn’t concern the latest in Major League Baseball. Instead, it’s about the business of baseball and how broad is the “business of baseball” exemption from the antitrust laws. There’s a baseball league in Puerto Rico that gave some pretty rough justice to a…

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Short Circuit 386 | Lehto’s License Plates 43:22

3M ago43:22

43:22

Steve Lehto of Lehto’s Law rejoins Short Circuit—and for the first time on a YouTube episode—to spread the common sense he delivers daily on his own show. Steve shares a recent opinion from the Kansas Supreme Court about license plate covers. The police and lower courts had interpreted the law to make it a crime if a license plate cover blocked not…

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Short Circuit 385 | Pyramid Power 48:44

3M ago48:44

48:44

We look into the gray area between a multi-level-marketing venture, like Amway, and a “pyramid scheme.” Appellate attorney Kyle Singhal joins us to discuss a matter of his from the Sixth Circuit where the court examined whether prosecutors in a mail-fraud case got over their skis by repeatedly calling what the defendants did a pyramid scheme. “Pyra…

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Short Circuit 384 | Metering Constitutional Rights 57:23

3M ago57:23

57:23

Can the government force you to only exercise a constitutional right once a month? Could it do that with speech? Or practicing religion? How about keeping and bearing arms? IJ’s Will Aronin asks that question when discussing a California law that restricted gun purchases to buying one gun a month. The Ninth Circuit recently found the law violated t…

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Short Circuit 383 | Rock ‘n’ Roll Yoga 40:05

3M ago40:05

40:05

Is speaking to a yoga class speech? The Ninth Circuit recently proclaimed that the answer to that question is actually “yes.” But before you turn away from this episode because it simply parrots Captain Obvious, please know that it was not so obvious to the district court. Or the city of San Diego, which tried to define the teaching of yoga—but not…

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Short Circuit 382 | Beard Law 44:39

4M ago44:39

44:39

Who doesn’t love a nice beard? It seems the firefighters in Atlantic City. One of their employees wants to wear a beard because of his religion. He doesn’t actually fight fires as part of his job, but there’s a possibility he’d be told he needs to and therefore he supposedly can’t have a beard because his special air mask wouldn’t fit. Does this vi…

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Powering Progress, Protecting the Planet with EPRI President and CEO Arshad Mansoor 19:42

4M ago19:42

19:42

Join Darryl as he speaks with industry experts and thought leaders on hot topics and trends around the energy transition. In this episode, Darryl is joined by Arshad Mansoor, President and CEO of the Electric Power Research Institute (EPRI). Tune in as they explore how AI is reshaping the power and utilities sector, the launch of the Open Power AI …

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Short Circuit 381 | Charo on the Tonight Show 1:11:08

4M ago1:11:08

1:11:08

We at the Institute for Justice are increasingly involved with combatting retaliation against free speech. Which is why we were highly interested to hear from Daniel Cragg and his recent win at the Eighth Circuit. Dan is a Minneapolis attorney who regularly sues the government for all kinds of things. This particular case was about a doctor who mad…

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Short Circuit 380 | Homicide by Bath 53:29

4M ago53:29

53:29

Is making someone file a form “in the public interest”? The Fifth Circuit took a look at that age-old question in a recent case regarding the FCC and its gathering of demographic data. What might seem like a small issue opens the door to how the administrative state works, where agencies get their power, and how narrow the courts are reading those …

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Short Circuit 379 | Tariff Bazookas 45:29

4M ago45:29

45:29

With the recent major tariff rulings we had to pull in a major tariff expert, Scott Lincicome of the Cato Institute. Scott digs into the “shocking decision,” as even he puts it, from the Court of International Trade declaring many of the recent “emergency” tariffs unlawful. He takes a look at what’s behind the opinion and what’s next as the case go…

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Short Circuit 378 | Come and Take It 53:30

4M ago53:30

53:30

Fans of truckers should enjoy this episode, although they may grow angry hearing about a truck stop that never was to be. Tahmineh Dehbozorgi of IJ tells us of a property owner in Georgia who wanted to turn his land by a highway into a truck stop. But the county was dead set against him, leading to a decades-long zoning battle. A gas station would …

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Short Circuit 377 | Zen and the Art of the Nondelegation Doctrine 56:23

5M ago56:23

56:23

Sometimes a short ride goes a long way. Casey Mattox of Stand Together comes on to tell us how a dirt biker in Nevada may end up making some constitutional history. Agents of the Bureau of Land Management gave the dirt biker a citation for riding without a license-plate light. His public defender argued the underlying law was unconstitutional becau…

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Short Circuit 376 | Murder Mysteries 46:56

5M ago46:56

46:56

Two federal appellate opinions involving a murder and whether justice was served. First, IJ’s Dan Alban reports on a Sixth Circuit case where a man alleges he was wrongfully accused and spent seven years in jail waiting for trials on various false charges, including not just murder but others too—including sodomy—and where the trials never happened…

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Short Circuit 375 | Unsympathetic Clients 48:05

5M ago48:05

48:05

Constitutional rights protect everyone, even people we might not be terribly fond of. This week we discuss two defendants who perhaps don’t deserve a lot of sympathy but nevertheless had their rights vindicated in a way that protects those rights more broadly. First, an IJ alumna, Anna Goodman Lucardi, rejoins Short Circuit to update us on goings o…

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Short Circuit 374 | Content-Based Dancing 52:21

5M ago52:21

52:21

All kinds of constitutional goodies this week, from sovereign immunity to the First Amendment right to dance. But we begin with our annual Kentucky Derby preview from IJ’s Kentucky boy, Brian Morris. After that Brian keeps things local with a case from the Derby’s home circuit, the Sixth, which features another old favorite of the podcast, Ex parte…

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Short Circuit 373 | Live from Denver Law! 43:41

6M ago43:41

43:41

Short Circuit went mile high for a live show before the students at Sturm College of Law at the University of Denver. The focus was qualified immunity. That’s because Colorado led the way with qualified immunity reform a few years ago when its legislature adopted SB 20-217, which created a cause of action for suing state and local officials when th…

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Short Circuit 372 | VHS Privacy 55:29

6M ago55:29

55:29

An old friend returns to Short Circuit, but it’s not a guest. It’s a case, Villarreal v. City of Laredo, where police retaliated against a citizen journalist. We’ve talked about the matter a few times before, most recently last year when the Supreme Court was considering whether to take it. The thing is, the Court did take the case, reversed what t…

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Short Circuit 371 | Ten Years of Short Circuit 32:47

6M ago32:47

32:47

Last week the Short Circuit staff celebrated ten years of our inexhaustive coverage of the federal courts of appeals. At the Studio Theatre in Washington, D.C. we welcomed about 150 of our closest friends to an evening of reminiscing about “how it all began” with John Ross, Robert McNamara, and Clark Neily plus a “showcase panel” discussing the fut…

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Short Circuit 370 | Humans Only in the Copyright Office 44:54

6M ago44:54

44:54

Bad news for our AI listeners this week. The D.C. Circuit ruled that you cannot be the “author” of a copyrighted work. Only humans get that perk. Dan Knepper of IJ comes by to explain this latest victory in humanity’s war against the machines. Dan also lays out how the court actually kind of dodged some of the trickier issues when it comes to artif…

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Short Circuit 369 | Substantive Due Process, The Podcast 47:42

7M ago47:42

47:42

Most weeks we summarize two, sometimes three, cases from the federal courts of appeals. This week we provide to you free of charge (as always) one, single, case. But, hang on, it has four opinions! It’s also 169 pages, which is way way more than our guests usually read for all an episode’s cases put together. We did, however, so you don’t have to. …

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Short Circuit 368 | Flipping the Bird 39:57

7M ago39:57

39:57

Is stretching out one’s middle finger at the police protected by the First Amendment? And whether it is or not, can the police trump up charges and assault someone who flips that bird? We dig into those deep constitutional issues with Jaba Tsitsuashvili of IJ when he discusses an Eighth Circuit case about a man stopped in Des Moines, Iowa. The poli…

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Short Circuit 367 | The Police Power 54:47

7M ago54:47

54:47

Often in old constitutional cases you see judges of yonder years invoking this mysterious substance called “the police power.” It’s something that has fallen out of a lot of our constitutional conversations, and unfortunately when it’s remembered today it’s often taken to mean “the government can do whatever it wants.” We take an episode to try and…

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Short Circuit 366 | I Love You But Can’t 45:38

7M ago45:38

45:38

What’s the difference between a campaign contribution and a bribe? More than the Sixth Circuit seemed to think. Or so argues Paul Sherman of IJ about a recent appeal of a bribery prosecution of a Cincinnati city councilmember. The councilmember was speaking to a developer and asking for a contribution. Unknown to him, the developer was working with…

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Short Circuit 365 | I Like Old Property 1:01:37

7M ago1:01:37

1:01:37

A long-time friend of the Institute for Justice, Robert Thomas, joins us this week. For years he’s litigated property rights cases across the country, lately for the Pacific Legal Foundation, and also blogged his adventures—and a whole bunch of other property rights news—at inversecondemnation.com. With some years since his last visit to Short Circ…

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Short Circuit 364 | Big Bats 46:19

8M ago46:19

46:19

Everyone agrees we need to build more homes. But what if those homes are going to be in your backyard? For some reason that possibility often leads to discoveries of endangered species. Ben Field of IJ joins us to report on an environmental case from the Fourth Circuit where the dispute came down to whether new homes would hurt a species of bat. Th…

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Short Circuit 363 | The Licensing Racket 53:06

8M ago53:06

53:06

You probably know that all-too-many jobs require a license to work. But how is that license administered, who enforces its rules, and who makes the decision on whether to take the license away? Almost always it’s a board composed of people with the same license. Rebecca Haw Allensworth joins us to discuss her new book The Licensing Racket: How We D…

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Innovations from Climatetech Startups with Dr. Etosha Cave, Co-Founder and Chief Science Officer of Twelve 20:28

8M ago20:28

20:28

Join Darryl as he speaks with industry experts and thought leaders on the latest trends and hot topics surrounding the energy transition. In several episodes, Darryl spotlights climatetech startups helmed by underrepresented founders and CEOs – showcasing innovative technology and leadership that is paving the way for an equitable and sustainable e…

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Short Circuit 362 | Boil the Frog to Tear Down the House 54:22

8M ago54:22

54:22

Two cases, from the Fourth and Sixth Circuits, came out within just a few days of each other, and each was about a city tearing a house down. And whether that was OK. They came to different conclusions, partly because one seemed to have been litigated a bit better, but also for other reasons we discuss. First, IJ’s Christian Lansinger describes a V…

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Short Circuit 361 | Reading the Qualified Tea Leaves 48:03

8M ago48:03

48:03

We welcome back Easha Anand of Stanford Law’s Supreme Court Litigation Clinic for her third (or is it fourth?) appearance. Last time she was on she had not yet argued at the Supreme Court, but now she’s done it four times. She tells us if it gets easier (not so far) and then gives a report on a recent Third Circuit case where the court got qualifie…

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Short Circuit 360 | Weed and Fines 59:24

9M ago59:24

59:24

If you have a greenhouse, and a government agent sees it on Google Maps, is that fact probable cause to charge you with growing illegal cannabis, fine you $10,000 a day, and not give you a hearing for years? Humboldt County, California thought it was and threatened ruinous fines against innocent property owners for years in an abusive enforcement s…

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Short Circuit 359 | Net Neutrality Flip Flops 50:10

9M ago50:10

50:10

A lot going on this week, including a lot of Short Circuit news. On the law side we talk about two recent opinions, one from the Fourth Circuit and one from the Sixth. Jeff Rowes of IJ explains the latest on abstention—Pullman abstention in this instance—where federal courts don’t do their job because state law is complicated. The Fourth Circuit sa…

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Short Circuit 358 | Motte-and-Bailey Game 57:03

9M ago57:03

57:03

Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? Well, it’s hard to know when the court abstains from telling you. That’s what happened in the Sixth Circuit where a property owner went to federal court to stop an investigation but couldn’t because there was already a state court proceeding. Re…

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Short Circuit 357 | Drama at the City Council Meeting 47:20

9M ago47:20

47:20

City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power were so offended by what members of the public had to say at a meeting that they were later arrested, in violation of their right to free speech under the First Amendment. Or that’s what the plai…

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Short Circuit 356 | Christmas Sweater Law 46:11

10M ago46:11

46:11

Seasons greetings from Short Circuit! While you’re enjoying your holiday week at the end of 2024 we’re giving you the content you need: Christmas sweaters. Don’t worry, there’s still plenty of legal stuff, but we start things off by delving into the mystery of where the Christmas sweater phenomenon came from. (Your host suspects it has something to…

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Short Circuit 355 | Civil Rights Reform in the States 40:56

10M ago40:56

40:56

IJ’s Anya Bidwell guest hosts this special episode to ask what states and local governments can do to better protect their citizens’ rights, particularly when it comes to achieving justice in the courts. Professor Joanna Schwartz of UCLA and Kasia Symborski Wolfkot of the Brennan Center join Anya to dig into how a variety of laws and practices outs…

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Short Circuit 354 | Grounds Increasingly Dubious 53:51

10M ago53:51

53:51

We start with a case that ticks a lot of Short Circuit boxes: eliminating governmental immunities, state constitutions, preliminary injunctions, conniving public officials, mootness, and en banc news. So what happened there? Nothing. At least for now. Beyond the Brief’s (and IJ’s) Keith Neely details a long journey a group is having to take to get …

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Short Circuit 353 | Jurisdictional Mavens 54:54

10M ago54:54

54:54

Notable—and quotable—Chicago lawyer Patrick Eckler joins us for a crash-course in Seventh Circuit paranoia (if you’re paranoid about jurisdictional questions at oral argument—which you really should be). A co-host of the Podium and Panel Podcast, Patrick gives a primer on how federal appellate judges look at things The Chicago Way and then explains…

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Short Circuit 352 | Misinformation 39:13

11M ago39:13

39:13

We go online for some First Amendment content this week. First, IJ’s Jeff Redfern explains how the Eleventh Circuit concluded that CNN might be liable for defamation after one of its commentators said Project Veritas had been suspended from Twitter for “misinformation” when it had, in fact, very truthfully doxxed someone. That seems to pass the hig…

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Short Circuit 351 | State Court Shenanigans 1:07:39

11M ago1:07:39

1:07:39

A couple friends drop by this week who have overstayed their welcome: Rooker and Feldman. Together they make up the Rooker-Feldman doctrine, a weed that has grown to crowd out justiciable federal claims in the federal courts. But the good news is that they aren’t the only friends on this week. We also have Wisconsin appellate attorney Joseph Diedri…

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