Oral Argument

Episode 177: The Hard Drive Has Always Been the Enemy

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It's our annual Supreme Court term roundup, with special guest Ian Samuel. We discuss, natch, one case, Carpenter v. United States, which concerns the need for a warrant to get records from cell phone companies concerning the location of your phone. But there's much more, including: hard drive upgrades, the sum total of human writing, audio vs. text for messaging, emojis, AI and grunts, Supreme Court-packing / balancing / restructuring (16:37), what rules of procedure an enlarged Court should set for itself and what rules should be imposed on it (29:00), podcast lengths and listening habits (51:04), Carpenter v. United States(01:02:06), Batman movies, and Hold-Up.

This show’s links:

  • First Mondays
  • Ian Samuel’s writing
  • Ian Samuel, The New Writs of Assistance
  • Snopes, Did Facebook Shut Down an AI Experiment Because Chatbots Developed Their Own Language? (no, but interesting)
  • Oral Argument 134: Crossover
  • Christian Turner, Amendment XXVIII: A First Draft
  • Ian Ayres and John Witt, Democrats Need a Plan B for the Supreme Court. Here’s One Option.
  • Oral Argument 37: Hammer Blow (with Michael Dorf); Oral Argument 38: You're Going to Hate this Answer_ (with Steve Vladeck); Christian Turner, Bound by Federal Law (including links to posts by Michael and Steve on the issue of state courts' not being bound by federal circuit courts)
  • Carpenter v. United States
  • Radiolab, Eye in the Sky
  • Ian Samuel, Warrantless Location Tracking
  • Lucas v. South Carolina Coastal Council
  • Florida v. Jardines
  • Justice Souter’s discussion of Plessy and the role of history in judging (watch from minute one until about minute fourteen) and his Harvard Commencement speech on Plessy
  • Hold Up!

    • Special Guest: Ian Samuel.

    ...more
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    Oral ArgumentBy Joe Miller and Christian Turner
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