This week, it's the latest edition of "Things Haven't Always Been Like This". Farah Peterson teaches us about the judges of the early 1800s and their now-strange-seeming institutional world in which judging and legislating were less distinct and more collaborative.

This show’s links:


Farah Peterson’s faculty profile
Farah Peterson, Interpretation as Statecraft: Chancellor Kent and the Collaborative Era of American Statutory Interpretation
Dark Sky (blog post)
Siddhartha Mukherjee, The Emperor of All Maladies: A Biography of Cancer
Oral Argument 168: Galaxy-Sized Diamond (with Maggie McKinley on petitioning in Congress)
Richard Verdon, A Large Meteor
Guido Calabresi, A Common Law for the Age of Statutes
Special Guest: Farah Peterson.

Episode 178: Dear Bushrod

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We discuss the morality of concurring and dissenting. And the usual nonsense.

Episode 217: Except as to Part I(A) Yada Yada

Joe and Christian talk about the pandemic and, then, some nonsense.

Episode 216: Mac-a-tizer

We discuss the march on the Capitol and... all this.

Episode 215: Whirlpool of Garbage

In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and children.

Episode 214: Small Claims

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And other things as well.

Episode 178: Dear Bushrod

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