Oral Argument

Where federal courts, national security, and subtle but important problems lurk, you’ll find Steve Vladeck explaining things. Steve joins us to talk about a seemingly narrow question of the proper application a statute prohibiting civil-office holding by military officers. The issue, though, could hardly be more far-reaching, asking us to consider the principles of civilian control of the military and military non-control of civil life. Also, a little on the use of “treason” to describe the allegations of the Trump campaign’s collusion with Russian operatives and Flynn’s work for Turkey.

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Special Guest: Steve Vladeck.

With Zahr Said, we discuss what makes creative works similar and the role of the “reader” in constructing a work’s meaning. Christian derails with a James Bond commercial. But we get back on track and talk about paintings, poems, Star Wars, textualism, and the Big Sick.

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Special Guest: Zahr Said.

Internet, technology, and property scholar James Grimmelmann joins us to discuss, among other things, the fight over the Google Books settlement, modern Libraries of Alexandria, and the nature of the legal academic mission.

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Special Guest: James Grimmelmann.

It’s finally here, the one where we talk with the hosts of the world-famous First Mondays podcast, Ian Samuel and Dan Epps. Topics include physics conundrums, podcasts (05:13), the politics of Supreme Court nominations (27:08), and radically changing the rules governing the Supreme Court’s docket (54:54).

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Special Guests: Dan Epps and Ian Samuel.

By listening to this podcast YOU AGREE to arbitrate all disputes in Florida and to forego class actions and consequential damages. This week: Jim Gibson on boilerplate terms in contracts. What to do with contract terms that aren’t read?

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Special Guest: Jim Gibson.

What is music? With IP scholar Joe Fishman, we talk about music to work by, whether being unable to imagine doing anything else is a sign you’re doing the right thing, and, mostly, what in music should be protected by copyright. Is the essence of music just melody? And should copyright aim at any such essence? How does our choice about legal protection affect the kind of music people make - and should we worry about that? Why am I asking so many questions? Will these show notes ever end?

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Special Guest: Joseph Fishman.

Friend of the show and treasured guest Anthony Kreis returns to talk about important recent developments in legal protection of gay rights. We discuss the recent spate of appellate decisions finding discrimination against gay employees violates the Civil Rights Act, including a remarkable concurrence by Judge Posner. The interesting issue, though, is why.

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Special Guest: Anthony Kreis.

Joe and Christian discuss submarine statutes, the essence of decisionmaking, and the problems of complexity and institutional fit. And we discuss some viewer mail: on partisan cooperation between levels of government, Joe’s lack of knitting diligence, and supercomputers.

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We dig into the mailbag and discuss legal foundations, grammar, the Establishment Clause, LaTex, OralArgCon, and Submarine Statutes, and more. No show notes this week.

We talk with federalism scholar Jessica Bulman-Pozen about how things get done in an age of partisan polarization. Executive federalism, the negotiated implementation of policy between the executive branch and states, not only leads to state-differentiated refractions of national policy, but, Jessica argues, is the right form of governance in gridlocked times.

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Special Guest: Jessica Bulman-Pozen.