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Briefly by The University of Chicago Law Review

English, Education, 1 season, 54 episodes, 1 day, 9 hours, 46 minutes
About
This is "Briefly," a podcast produced by The University of Chicago Law Review. Join us as we discuss current cases, contemporary controversies, and the forefront of legal scholarship.
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When Are Vaccine Mandates Constitutional?

As states and the federal government impose vaccine mandates to curb the spread of COVID-19, the constitutionality of those mandates has come into question, particularly with regard to religious freedom. Constitutional challenges to state and federal vaccine mandates have found varying success before the Supreme Court. Host Reagan Kapp and Professor Nathan Chapman (U. of Georgia School of Law) discuss the interplay between the First Amendment, freedom of religion, and vaccine mandates.
3/2/202245 minutes, 52 seconds
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Protests, a Pandemic, and the Right to Assemble

The First Amendment of the U.S. Constitution guarantees the "right of the people peaceably to assemble." The recent prevalence of protest movements, alongside a global pandemic, has influenced the interpretation of this right. Host Kyra Cooper speaks with Professor John Inazu (WashU School of Law) about the right to assemble and its interaction with modern events. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
2/9/202237 minutes, 44 seconds
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The Abandonment of Adoptees

In 2020, YouTube influencer Myka Stauffer received widespread criticism when she revealed her family had given away her adopted son to another family. Host Kyra Cooper speaks with Professor Cynthia Hawkins (Stetson U. College of Law) about the unregulated custody transfer of adoptees and the legal regime surrounding the adoption process. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
11/17/202139 minutes, 31 seconds
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Teaching Constitutional Law

In a new University of Chicago Law School seminar, Professor Emily Buss (U. Chicago Law) and ten law students co-taught incarcerated high school students about the constitutional rights of minors. Host Andrew Zeller, Professor Buss, and Heidi Mueller, director of the Illinois Department of Juvenile Justice, discuss the rewarding and challenging aspects of the course. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
11/3/202155 minutes, 7 seconds
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The Role of the Public Defender

Appointed as Cook County public defender in March 2021, Sharone Mitchell, Jr. took office with a vision to serve as "an engine for progressive systems change." Host Dylan Platt speaks with Cook County Public Defender Sharone Mitchell, Jr. and Professor Judith Miller (U. Chicago Law) on the evolving role of public defenders at the state and federal level. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
10/20/202144 minutes, 55 seconds
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Federalism and Elections

A mere six votes determined the outcome of the 2020 election in Iowa's 2nd congressional district, revealing the delicate balance of power between elections shared by states and the federal government. For the inaugural episode of season five, hosts Kyra Cooper and Rachel Smith discuss the role of the federal government in state-run elections with Professors Derek Muller (University of Iowa Law) and Franita Tolson (USC Gould Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
5/19/202149 minutes, 14 seconds
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Stories of Student Speech (Part 2)

Last week, the Supreme Court heard oral argument in Mahanoy Area School District v. B. L.—its first student-speech case in more than a decade. In this second part of a special Briefly season finale, Adam Hassanein and Professor Emily Buss (U. Chicago Law) discuss Mahanoy, how new technology has changed the speech landscape, and how the Supreme Court could transform students' right to speak their minds. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
5/7/202134 minutes, 25 seconds
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Stories of Student Speech (Part 1)

The Supreme Court hears argument today in its first student-speech case in more than a decade. In this first part of a special Briefly season finale, Adam Hassanein digs deep with plaintiffs and attorneys from the Court's legendary speech cases, who tell their student-speech stories. Guests: John & Mary Beth Tinker (from Tinker v. Des Moines); Matthew Fraser (from Bethel v. Fraser); Cathy Kuhlmeier (from Hazelwood v. Kuhlmeier); and attorney Douglas Mertz (from Morse v. Frederick).
4/28/20211 hour, 25 minutes, 59 seconds
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NIMBYism and the Politics of Zoning

"Not in my backyard" has kept the dream of an affordable home beyond the reach of many Americans. Lee Anne Fennell (U. Chicago Law) joins host Taiyee Chien to explain how and why zoning rules constrict affordable housing—and which reforms could change everything. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
4/22/202141 minutes, 29 seconds
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Access to Justice

Huge numbers of civil cases feature at least one party who lacks legal representation. Host Adam Hassanein and Professor Anna Carpenter (Utah Law) discuss the ins and outs of the access-to-justice problem—and solutions sounding in law, policy, and human decency.
3/31/202147 minutes, 43 seconds
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The Shadow Docket

What on earth is the Supreme Court’s “shadow docket”? Steve Vladeck (U. Texas Law) and Kate Shaw (Cardozo Law) join host Deb Malamud to explain the Court’s unusual—and controversial—way of resolving some of our nation’s most pressing legal controversies. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
2/17/202132 minutes, 56 seconds
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The United States Of Bankruptcy

The COVID-19 pandemic has brought longstanding public pension crises to a boiling point. Defaults would be catastrophic. But what if states could file for bankruptcy, like cities can? Host Matthew Reade and Professor David A. Skeel (U. Penn Law) discuss the promise and pitfalls—constitutional, political, and practical—of states in bankruptcy. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
1/6/202152 minutes, 7 seconds
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NPAs and DPAs: 10 Years Since Massey

When companies break the law, prosecutors often turn to deferred or non-prosecution agreements to induce reform. But some criticize DPAs and NPAs as an escape hatch for companies to pay their way out of liability. Host Nathan Tschepik discusses DPAs, NPAs, their critics, and their future with Profs. Andrew Boutros (U. Chicago Law) and Brandon Garrett (Duke Law). To take a peek at some of these agreements, check out the Corporate Prosecution Registry (corporate-prosecution-registry.com). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
12/23/202051 minutes, 18 seconds
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Law, Psychology & False Confessions

Why do people confess to crimes they didn't commit? Host Taiyee Chien and guest Professor Richard A. Leo (U. San Francisco Law) explore the difficult and persistent psychological phenomenon of false confessions—and how the law can address it going forward.
11/11/20201 hour, 12 minutes, 4 seconds
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Presidential Power & Its Limits

President Obama used his "pen & phone" to transform the immigration laws. President Trump declared an emergency to fund his border wall. Presidential power seems ascendant—or is it? John Yoo and Sai Prakash join host Miriam George to discuss presidential power, its limits, and its future. Guests: Profs. John Yoo (UC Berkeley Law) & Sai Prakash (U. Virginia Law) Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
10/14/202041 minutes, 22 seconds
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Critical Race Theory v. Law & Economics

Critical race theory versus law and economics: A clash of titans, or an emergent alliance? Hosts Adam Hassanein and Deb Malamud ask experts in the field how different these legal frameworks really are—and what they have in common. Guests: William H.J. Hubbard (U. Chicago Law) & Jonathan Feingold (Boston U. Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
9/30/20201 hour, 23 minutes, 29 seconds
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Of Consent and Butt-Dials

Do you enjoy a reasonable expectation of privacy for pocket dials? The answer might surprise you. Host Deb Malamud chats with several privacy law experts to explore this complex legal question and its implications for how we interact in a tech-centered world. Guests: Lior Strahilevitz (U. Chicago), Margaret Hu (Penn State), and Julian Sanchez (The Cato Institute). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
8/5/202045 minutes
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The Future of Affirmative Action

Amid a national conversation about race, affirmative action in universities has become a key issue of contention, with California set to revisit its affirmative action ban this November. Host Taiyee Chien leads a spirited discussion about affirmative action and its future. Guests: Professor Geoffrey Stone and Adam Mortara. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
7/2/20201 hour, 17 minutes, 26 seconds
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COVID in the Markets

Matt Levine of Money Stuff fame joins Briefly to discuss insider trading, stock buybacks, the Fed's extraordinary market interventions, and how everything is securities fraud. Guest: Bloomberg columnist Matt Levine (@matt_levine). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
5/25/202046 minutes, 25 seconds
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COVID in the Courts

To kick off our fourth season, we dig deep into COVID-19's effect on the courts. Guests: Chief Judge Diane Wood and Judge Michael Scudder of the U.S. Court of Appeals for the Seventh Circuit. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com
5/11/202036 minutes, 15 seconds
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Suing State Sponsors of Terrorism

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing suing state sponsors of terrorism with Stuart Newberger, a partner at Crowell Moring. This is the last episode of our third season, and we at the University of Chicago Law Review want to thank you all for tuning in, as we explored some fascinating legal questions this year. We look forward to meeting again for Season 4! Check us out on Twitter at uchilrev, and our website at lawreviewblog.uchicago.edu/ Music from bensound.com.
4/29/202030 minutes, 41 seconds
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The SEC Whistleblower Program

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the SEC whistleblower program. Here to help us understand this topic is Jordan Thomas, who was one of the principal architects of that program when he served as an Assistant Director at the SEC. Mr Thomas is now a partner at Labaton Sucharow, where he established the nation's first whisteblower practice focused exclusively on federal securities law violations. Check us out on Twitter at uchilrev, and our website at lawreviewblog.uchicago.edu/ Music from bensound.com.
4/8/202028 minutes, 12 seconds
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Interpreting the Law through Corpus Linguistics

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Corpus Linguistics, which is a sub-field of linguistics that employs database searches to study language usage. Through this linguistic method, jurists, lawyers, and legal academics can add empirical rigor to textualist assumptions regarding the legal meaning of words, based on how they are used in practice. We're joined by Justice Thomas Lee, Associate Justice of the Utah Supreme Court, to help us understand this topic. Check us out on Twitter at uchilrev, and our website at lawreviewblog.uchicago.edu/ Music from bensound.com.
3/18/202028 minutes, 29 seconds
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Experimental Jurisprudence

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing Experimental Jurisprudence, which is an emerging field that uses empirical methods, particularly from the cognitive sciences, to clarify important concepts in the law. For example, scholars in this field conduct experiments to understand what ordinary people make of legal concepts, such as reasonableness. We're joined by Roseanna Sommers, who is a Bigelow Fellow at the University of Chicago Law School and a leading scholar in the field of Experimental Jurisprudence. Check us out on Twitter at uchilrev, and our website at lawreviewblog.uchicago.edu/ Music from bensound.com.
2/26/202030 minutes, 52 seconds
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Social Media and Market Manipulation

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing social media influencers and their ability to manipulate markets. We also discuss the legal regime that governs influencers and the agencies, namely the SEC and FTC, that regulate them. We're joined by Anna Pinedo, a partner in Mayer Brown's Corporate & Securities practice and an adjunct professor at the George Washington University School of Law, and James Cox, the Brainerd Currie Professor of Law at Duke Law School. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
2/5/202029 minutes, 55 seconds
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Is Half of Oklahoma Tribal Land?

This is Briefly, a production of the University of Chicago Law Review. Today we are discussing two cases pending before the Supreme Court, which will determine whether roughly half of the land in Oklahoma is actually an Indian Reservation . We're joined by Elizabeth Reese, a Bigelow Fellow at the University of Chicago Law School, and Matthew L.M. Fletcher, Professor of Law and Director of the Indigenous Law & Policy Center at Michigan State University College of Law. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
1/15/202032 minutes, 6 seconds
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Universal Basic Income

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Universal Basic Income, which is a wealth transfer policy endorsed by many politicians and academics. We're joined by Professors Daniel Hemel and Todd Henderson of the University of Chicago Law School, who help us analyze the legal, economic, and philosophical questions that the UBI raises. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
12/18/201934 minutes, 42 seconds
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When Should Courts Overturn Precedent?

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing when courts should overturn precedent. We're joined by two legal scholars who have studied this question: Professor William Baude of the University of Chicago Law School and Professor Richard Re of UCLA School of Law. We discuss the value of stare decisis, competing theories of precedent, and the current Supreme Court justices' views on when precedent should be followed. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
11/27/201929 minutes, 18 seconds
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Supreme Court Advocacy and the Separate Sovereigns Doctrine

This is Briefly, a production of the University of Chicago Law Review. Today we’re covering Supreme Court advocacy and the separate sovereigns doctrine with Michael Scodro, partner at Mayer Brown. We discuss Mr. Scodro's experiences arguing before the Supreme Court and the Court's recent Gamble decision, which analyzed whether the Double Jeopardy Clause protects a defendant from prosecution by both the state and federal governments. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
11/6/201922 minutes, 55 seconds
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Who Do Corporations Serve?

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing who corporations serve. There has been a widespread belief for several decades that corporations exist to serve the interests of their shareholders. But that idea has come under increasing pressure by those who believe corporations should serve the interests of all of their stakeholders, including customers, employees, and the communities in which they operate . We spoke with Professor Eric Posner of the University of Chicago Law School and Professor Luigi Zingales of the University of Chicago Booth School of Business to hear two sides of the debate on this issue. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
10/16/201936 minutes, 36 seconds
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Are Law Schools Bad for Democracy?

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing an article by Samuel Moyn, Professor at Yale Law School, called "Law Schools Are Bad for Democracy" and a response to that article by Yuval Levin, editor of National Affairs. We spoke to Professor Moyn and Mr. Levin about their views on this issue. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
9/23/201934 minutes, 27 seconds
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The Chicago School of Antitrust and the Digital Economy

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing the Chicago School of Antitrust and whether it should be reassessed in the modern, digital economy. We spoke to Timothy Muris, Professor at the Antonin Scalia Law School and former Chairman of the FTC, Jonathan Nuechterlein, partner at Sidley Austin and former General Counsel of the FTC, and Maurice Stucke, Professor at the University of Tennessee College of Law. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
8/19/201930 minutes, 35 seconds
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Genealogy Databases and the Fourth Amendment

This is Briefly, a production of the University of Chicago Law Review. Today we're discussing law enforcement's use of genealogy databases to solve cold cases and related Fourth Amendment implications. We spoke to Natalie Ram, Assistant Professor at the University of Baltimore Law School, and Jason Kreag, Associate Professor at the University of Arizona James E. Rogers College of Law, to help us make sense of this issue. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
7/17/201932 minutes, 55 seconds
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How to Save a Constitutional Democracy

This is Briefly, a production of the University of Chicago Law Review. Today we're discussing the global trend of democratic backsliding with Professor Aziz Huq and Professor Tom Ginsburg of the University of Chicago Law School. Professors Ginsburg and Huq have recently written the book, "How to Save a Constitutional Democracy," on that subject. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
6/5/201935 minutes, 18 seconds
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The Roberts Court

This is Briefly, a production of the University of Chicago Law Review. Today, we're discussing the Roberts Court with Adam Liptak, Supreme Court correspondent for the New York Times, and Lee Epstein, professor of political science and law at Washington University in St. Louis. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ Music from bensound.com.
5/15/201935 minutes, 57 seconds
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Solving the Privacy Paradox

This is Briefly, a production of the University of Chicago Law Review. Today we’re discussing some legal concerns related to the collection and use, or misuse, of personal data. Today’s podcast features interviews with Professor Lior Strahilevitz and Professor Omri Ben-Shahar, from the University of Chicago Law School. Check us out on Twitter at uchilrev, and our website at https://lawreviewblog.uchicago.edu/ This episode was produced by Yosef Schaffel. Music from bensound.com
5/4/201934 minutes
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Bureaucratic Resistance

Our subject today is bureaucratic resistance. Bureaucratic resistance occurs when civil servants disobey the orders of elected officials and political appointees. Some kind of bureaucratic shirking is inevitable in modern government, but bureaucratic resistance has been uniquely public during the first two years of the Trump administration. Today we're joined today by Jennifer Nou, Professor of Law at the University of Chicago Law School and Chris Walker, a Professor of Law at the Ohio State University Moritz College of Law. This episode was produced by David Sandefer and Chris Walling. Music from bensound.com For more on the subject from Professor Nou, check out http://yalejreg.com/nc/bureaucratic-resistance-from-below-by-jennifer-nou/
3/19/201931 minutes, 29 seconds
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#MeToo and Corporate Law

Today on Briefly we’re discussing the increasingly important intersection of the #MeToo movement and corporate law. What do corporations do in response to sexual assault allegations? Do corporate actions downplay the victim's struggle, or do they play an important role in shaping society when politics doesn't work? We spoke to two scholars, Daniel Hemel, a professor at the University of Chicago Law School, and Dorothy Lund, a professor at the University of Southern California Gould School of Law. Together, Hemel and Lund wrote a Coase-Sandor Working Paper titled “Sexual Harassment and Corporate Law.” The paper is available here: https://columbialawreview.org/content/sexual-harassment-and-corporate-law/ This episode was produced by David Sandefer. Follow us on Twitter @uchilrev. Check out our blog at lawreviewblog.uchicago.edu Music from bensound.com
2/25/201918 minutes, 23 seconds
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2.5 - 911 Nuisances and Victims of Domestic Violence

Traditional nuisance ordinances are environmental regulations that prohibit things like piling trash in a yard or making loud noises at night. But some ordinances prohibit frequent 911 calls and allow the city to fine the property owner when 911 is called too many times to a certain property. These laws have dire consequences for victims of domestic violence, and they can lead to these victims becoming homeless. For today’s episode, we talked separately with Professor Vicki Been, the Boxer Family Professor of Law at New York University School of Law and the former Commissioner of Housing Preservation and Development for the City of New York; Gretchen Arnold, Professor of Women’s and Gender Studies at Saint Louis University; and Professor Joseph Mead from the Cleveland-Marshall College of Law and his graduate research assistant Marissa Pappis. This episode was produced by Yosef Schaffel. Music from bensound.com
1/27/201936 minutes, 37 seconds
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2.4 - Qualified Immunity

Today on Briefly we explore the controversial doctrine of "qualified immunity," a constitutional law doctrine that prevents executive officials like police from being brought into court for alleged constitutional violations, including acts of violence. Where does the immunity come from? Why does it exist? Is it to protect government officers from their deeds? Or is it to allow courts to expand civil rights without creating numerous court cases? We spoke to three scholars, Harvard’s Richard Fallon, the editor of Hart and Wechsler’s The Federal Courts and the Federal System; William Baude, professor at the University of Chicago Law School and author of “Is Qualified Immunity Unlawful?” in the California Law Review; and Joanna Schwartz, a professor at UCLA law whose empirical studies of qualified immunity in practice have been published in the Yale Law Journal and Notre Dame Law Review. This episode was produced by David Sandefer. Music from bensound.com
1/4/201933 minutes, 55 seconds
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2.3 - The Opioid Crisis - Part II

This week on Briefly we continue our discussion of the Opioid Crisis. This show is part two of a two-part episode. We discuss opioid litigation and its role in the overall policy response to the Crisis. Our guests this episode are Keith Humphreys, Esther Ting Memorial Professor of Psychiatry and Behavioral Sciences at Stanford University, and Abbe Gluck, Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy. This episode was produced by David Sandefer and Yosef Schaffel. Music from bensound.com
11/18/201821 minutes, 53 seconds
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2.2 - The Opioid Crisis - Part I

This week on Briefly we discuss the ways the law can and does address the Opioid Crisis. The Crisis has claimed myriad lives and devastated communities and families across America. This show will be part of a two-part episode. In Part I we discuss local government responses to the crisis and focus on drug induced homicide charges. Our guests this episode are Keith Humphreys, Esther Ting Memorial Professor of Psychiatry and Behavioral Sciences at Stanford University, and Lindsay LaSalle, Director of Public Health Law and Policy with the Drug Policy Alliance. This episode was produced by David Sandefer and Yosef Schaffel. Music from bensound.com
11/7/201827 minutes, 21 seconds
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2.1 - Amazon and Antitrust

Welcome to a new season of Briefly! On today's show, we discuss Amazon's rapid rise and the pressure the internet retailer is putting on traditional antitrust law. Our guests include Geoffrey Manne of the International Center for Law and Economics and Lina Khan of the Open Market Institute. This episode was produced by Sef Schaffel. Music form bensound.com
8/24/201826 minutes, 5 seconds
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1.11 - Epistemic Injustice

Today, we’re discussing epistemic injustice and the law. Epistemic injustice occurs when an individual is wrongfully undermined in his or her role as a knower. One aspect of epistemic injustice involves the ways in which biased assessments of a speaker’s credibility can undermine that person’s ability to relay his or her experiences. This is particularly salient in the context of trials since a juror’s inaccurate assessment of witness credibility based on factors such as race, gender, or socioeconomic status can thwart the truth-seeking function of trials. Today’s podcast features interviews with Miranda Fricker, professor of philosophy at CUNY Graduate Center in New York and author of a book called Epistemic Injustice: Power and the Ethics of Knowing, and Michael Sullivan, professor of philosophy at Emory University. This episode was produced by David Sandefer. Special thanks to Taylor Coles for suggesting this topic. Music from bensound.com
6/15/201828 minutes, 25 seconds
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1.10 - Creating a Market for Corporate Disclosures

Today, we’ll discuss the corporate disclosures required by the SEC and an alternative method for handing these disclosures—the creation of a market to buy and sell corporate data. This episode features M. Todd Henderson, the Michael J. Marcus professor of law at the University of Chicago Law School and Donald Langevoort, the Thomas Aquinas Reynolds Professor of Law at Georgetown University Law Center. Professor Henderson and his coauthor, Kevin S. Haeberl, associate professor of law at William and Mary Law School, explore this issue further in their paper Making a Market for Corporate Disclosure. The paper is available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2814125. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Sef Schaffel, David Sandefer, Thomas Molloy, and Chris Walling. Music from www.bensound.com. Special thanks to Tom Garvey and the V85 Online Group.
5/9/201823 minutes, 14 seconds
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1.9 - Originalism and the Second Amendment in District of Columbia v Heller

Today, Briefly dives into the late Justice Scalia's majority opinion in District of Columbia v Heller, a case in which the Supreme Court held that the Second Amendment protected the right to keep and bear firearms unrelated to military service. The case has attracted attention from scholars and lawyers for the method of originalism Justice Scalia used in the decision. We’ve talked to Robert Levy, chairman of the Cato institute and lead lawyer for the plaintiff in Heller, Saul Cornell, Chair in American History at Fordham University, Nelson Lund, Professor at the Antonin Scalia Law School at George Mason University, and Professors Alison LaCroix and Jason Merchant of the University of Chicago. Professors LaCroix and Merchant are working on a project called “Historical Semantics and Legal Interpretation,” which aims to give judges and legal scholars the tools to understand how language was used in the past. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Sef Schaffel, David Sandefer, Megan Coggeshall, Jeremy Rozansky, and Chris Walling. Music from www.bensound.com. Special thanks to Noel Ottman, and the V85 Online Group.
4/9/201834 minutes, 16 seconds
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1.8 - Public Service and Policy: Interview with Valerie Jarrett, Obama WH Senior Advisor

For today’s episode, we interviewed Ms. Valerie Jarrett, a Distinguished Senior Fellow at the University of Chicago Law School. Most recently, Jarrett was a Senior Advisor to President Barack Obama. During her time at the White House, she oversaw the Offices of Public Engagement and Intergovernmental Affairs and chaired the White House Council on Women and Girls. Jarrett has a background in both the public and private sectors. She served as Chairman of the Chicago Transit Board, Commissioner of Planning and Development, and Deputy Chief of Staff for Chicago Mayor Richard M. Daley. She is currently a board member of Ariel Capital Management Holdings, Inc., Lyft, and 2U, Inc. Jarrett spoke with us about her professional experience in law and public service, about her views on the #MeToo movement and gender equality in the workplace, and about the current projects she is working on at Chicago. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kyle Jorstad, Tom Molloy, Kathryn Running, and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward.
2/26/201830 minutes, 29 seconds
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1.7 - Masterpiece Cakeshop: Interview with Colorado Solicitor General Fred Yarger

Masterpiece Cakeshop v Colorado Civil Rights Commission is one of the most high-profile cases before the Supreme Court this term. We interviewed Colorado Solicitor General Fred Yarger, who represented Colorado during oral argument. The first part of the interview focuses on Masterpiece itself. In 2012, a gay couple asked a Colorado baker named Jack Phillips to make them a customized wedding cake. Phillips refused on the grounds that baking the cake would violate his religious objections to gay marriage, and the couple filed a complaint with the Colorado Civil Rights Commission. The Commission determined that Phillips had violated a provision of the Colorado Anti-Discrimination Act, which prohibits places of public accommodation from discriminating on the basis of sexual orientation. The main question presented in Masterpiece is whether compelling Phillips to bake a cake under Colorado’s Anti-Discrimination Act violates the Free Speech or Free Exercise Clauses of the First Amendment. Oral arguments were held before the Supreme Court on December 5, 2017 and Court observers expect a decision in June. The second part of the interview focuses on Mr. Yarger’s work in the Solicitor General’s office and his career after law school. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kathryn Running, Eric Petry, Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening!
1/14/201828 minutes, 57 seconds
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1.6 - Sexual Misconduct in Higher Education: Procedural Protections (Part Three)

This is Part Three of our three-part series on Title IX sexual misconduct proceedings. There is a debate across college campuses about how universities should handle sexual misconduct cases. In Part One, we looked at the proceedings generally, and in Part Two we specifically looked at the standard of evidence: what has to be proved before a person can be sanctioned. In Part Three, we’re looking at other policies utilized in Title IX proceedings: whether students should be entitled to a support person, what level of cross examination should be allowed, and what should be the definition of sexual misconduct? We discuss these questions with Professor Daniel Hemel, Assistant Professor of Law at the University of Chicago, Professor Katherine K. Baker, Distinguished Professor of Law at Chicago-Kent College of Law, Professor Laura Kipnis of Northwestern University School of Communication, and Professor Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, and Director of the Center for Law, Philosophy, and Human Values at the University of Chicago. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kathryn Running, Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening, and be sure to check out Parts One and Two.
12/18/201732 minutes, 32 seconds
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1.5 - Sexual Misconduct in Higher Education: What is the Proper Standard of Proof? (Part Two)

This is Part Two of our three-part series discussing Title IX, and sexual misconduct proceedings on university campuses. Secretary of Education Betsy DeVos recently attracted controversy by rescinding the Obama administration’s guidance for how universities should handle sexual misconduct cases on their campuses. We interviewed four professors separately to consider the evidence standard in college proceedings. Many campus proceedings use the “preponderance of the evidence” standard. Is this the right standard? What are its benefits? What are its drawbacks? We discuss these questions with Professor Daniel Hemel, Assistant Professor of Law at the University of Chicago, Professor Katherine K. Baker, Distinguished Professor of Law at Chicago-Kent College of Law, Professor Laura Kipnis of Northwestern University School of Communication, and Professor Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, and Director of the Center for Law, Philosophy, and Human Values at the University of Chicago. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kathryn Running, Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening, and be sure to check out Parts One and Three.
12/17/201724 minutes, 38 seconds
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1.4 - Sexual Misconduct in Higher Education: Title IX and Campus Proceedings (Part One)

This is Part One of our three-part series discussing Title IX, and sexual misconduct proceedings on university campuses. Secretary of Education Betsy DeVos recently attracted controversy by rescinding the Obama administration’s guidance for how universities should handle sexual misconduct cases on their campuses. How do these proceedings function? What did the Obama administration require? Does the system work or is there a superior alternative? We discuss these questions and more with Professor Daniel Hemel, Assistant Professor of Law at the University of Chicago, Professor Saul Levmore, William B. Graham Distinguished Service Professor of Law at the University of Chicago, Professor Laura Kipnis of Northwestern University School of Communication, and Professor Nancy Chi Cantalupo, Assistant Professor of Law at Barry University. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kathryn Running, Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening, and be sure to check out Parts Two and Three.
12/16/201718 minutes, 56 seconds
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1.3 — The Costs of Free Speech: Hate Speech, College Campuses, and the Marketplace of Ideas

In the wake of hate group rallies and protests of controversial speakers on college campuses, how far does the right to free speech extend? What are its limits? Should the federal government and universities be empowered to place further restrictions on speech, or would further curtailments do more harm than good? Join us as we discuss with Professor Geoffrey Stone, Edward H. Levi Distinguished Service Professor at the University of Chicago, and Professor Genevieve Lakier, Assistant Professor of Law at the University of Chicago. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, Noel Ottman, and Kathryn Running, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening!
11/12/201729 minutes, 50 seconds
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1.2 — Sanctuary Cities and Federal Government: Can Cities Be Compelled to Enforce Immigration Law?

The City of Chicago, in addition to other state and local governments, sued the Federal Government after Attorney General Jeff Sessions attempted to withhold certain federal funds from "sanctuary cities." Sessions' move is intended to prevent these cities from stymieing federal immigration enforcement. Chicago and others claim withholding federal funds violates the Constitution and threatens police anti-crime efforts. Join us as we discuss the nature of these issues with Professor Aziz Huq, Frank and Bernice J. Greenberg Professor of Law at the University of Chicago Law School, and Professor John Eastman, Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Tom Garvey, Tom Molloy, and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Noel Ottman, and Kathryn Running, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening!
11/12/201726 minutes, 11 seconds
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1.1 — Grievances: Colin Kaepernick's Legal Claims Against The NFL

On October 15th, 2017, Colin Kaepernick filed a non-injury grievance with the NFL, alleging that the NFL teams have colluded to blackball him from the League because of his recent political protests. What is the substance of Kaepernick's grievance claim, how likely is it to succeed, and what other legal avenues might be available to him? Join us as we examine these issues with Professor Randall Schmidt from the University of Chicago Law School, and Professor Michael Leroy from the University of Illinois Urbana-Champaign. This is Briefly, a podcast produced by the University of Chicago Law Review. This episode has been produced by Grace Bridwell, Tom Molloy, and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Tom Garvey, Noel Ottman, and Kathryn Running, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. This is our very first episode, so we’d like to further thank last year’s Online Group and Managing Board for their support. Thanks for listening!
10/14/201725 minutes, 43 seconds