Short Circuit

Short Circuit Live returns with an all-star all-D.C. Circuit panel! IJ attorney Anya Bidwell hosts a discussion with three Supreme Court lawyers (and former D.C. Circuit clerks), Lisa Blatt, Kelsi Brown Corkran, and Paul Clement. They reminisce about their days clerking for D.C. Circuit judges and analyze three recent circuit opinions on liability under terrorism laws, executive privilege, and no-fly lists.

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Some property owners sued an arm of the State of Louisiana for damages and won a $10 million judgment. Wow, that's real money! Except, because the lawsuit was in state court they can't collect on it unless the legislature gives it to them. Which it doesn't want to do. So the money isn't so real after all. They then went to federal court, but the Fifth Circuit gave them some bad news. IJ's Jeff Redfern explains. When we move to the Ninth Circuit, however, it's all smiles. The court said an antitrust case could move forward against members of the California Dental Board. Your host Anthony Sanders gives the latest in turning the antitrust laws on the most anticompetitive of them all, the regulators.

Ariyan, Inc. v. Sewerage & Water Board of New Orleans, https://www.ca5.uscourts.gov/opinions/pub/21/21-30335-CV0.pdf

SmileDirectClub, LLC v. Tippins, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/03/17/20-55735.pdf

Bound By Oath podcast, https://shortcircuit.org/center-for-judicial-engagement/sc/14th-at-150-podcast/

Remedying the Loss of a Right, https://ij.org/cje-post/remedying-the-loss-of-a-right/

Jeff Redfern, https://ij.org/staff/jeffrey-redfern/

Anthony Sanders, https://ij.org/staff/asanders/

Michigan lawyer and YouTube legal sensation Steve Lehto joins us this week. We talk a bit about his career as a broadcaster, consumer protection lawyer, and host of an internet show with 300,000 subscribers. Then we get into some language he never got to “play on the radio.” All because a few police officers threw a man out of a $3 county fair for wearing a t-shirt with a famous saying of the group NWA. Or at least that’s what the Sixth Circuit said in denying the officers qualified immunity. Also, our old friend Rob Peccola comes back with the latest in the landlord wars in Minneapolis, and how the Eighth Circuit didn’t see no takings.

Register for Short Circuit Live! Wednesday, April 6, 2022 at the National Press Club in Washington, D.C., https://ij.org/event/scl/

Steve’s YouTube page, https://www.youtube.com/c/stevelehto

Wood v. Eubanks, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0025p-06.pdf

301 LLC v. City of Minneapolis, https://ecf.ca8.uscourts.gov/opndir/22/03/203493P.pdf

Yim v. City of Seattle, https://www.courts.wa.gov/opinions/pdf/968179.pdf (Seattle “first-in-time rule”)

Law Office of Steve Lehto, http://lehtoslaw.com/

Rob Peccola, https://ij.org/staff/rpeccola/

Anthony Sanders, https://ij.org/staff/asanders/

Like owls? We've got owls. Two of them. But they don't like each other. Ben Field explains how the Ninth Circuit adjudicated with this Parliament of owls, and how a 12 gauge shotgun is involved. In addition, Evan Lisull tells a story of "chalking," the police, and the First Amendment. Both from another Ninth Circuit case, but also from his own brush with the law. Throw in some qualified immunity and admin law, and you've got a very festive St. Patrick's Day episode (minus anything Irish).

Register for Short Circuit Live! Wednesday, April 6, 2022 at the National Press Club in Washington, D.C., https://ij.org/event/scl/

Friends of Animals v. U.S. Fish & Wildlife Service, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/03/04/21-35062.pdf

Ballentine v. Las Vegas Metropolitan Police Department, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/03/08/20-16805.pdf

Rivas-Villegas v. Cortesluna (case questioning circuits clearly establishing law), https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf

Ben Field, https://ij.org/staff/ben-field/

Evan Lisull, https://ij.org/staff/evan-lisull/

Anthony Sanders, https://ij.org/staff/asanders/

Like owls? We've got owls. Two of them. But they don't like each other. Ben Field explains how the Ninth Circuit adjudicated with this Parliament of owls, and how a 12 gauge shotgun is involved. In addition, Evan Lisull tells a story of "chalking," the police, and the First Amendment. Both from another Ninth Circuit case, but also from his own brush with the law. Throw in some qualified immunity and admin law, and you've got a very festive St. Patrick's Day episode (minus anything Irish).

Register for Short Circuit Live! Wednesday, April 6, 2022 at the National Press Club in Washington, D.C., https://ij.org/event/scl/

Friends of Animals v. U.S. Fish & Wildlife Service, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/03/04/21-35062.pdf

Ballentine v. Las Vegas Metropolitan Police Department, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/03/08/20-16805.pdf

Rivas-Villegas v. Cortesluna (case questioning circuits clearly establishing law), https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf

Ben Field, https://ij.org/staff/ben-field/

Evan Lisull, https://ij.org/staff/evan-lisull/

Anthony Sanders, https://ij.org/staff/asanders/

As news followers over the last few years will know, grand jury records are super secret. But sometimes judges allow the word to get out, under certain narrow circumstances. Is one of them just that the records are old and historians find them interesting? Sorry, says the First Circuit, in the latest installment of a circuit split. Rob Frommer tells us all the history. Also, can the IRS get around the Administrative Procedure Act through some creative lawyering? No, says the Sixth Circuit. John Wrench walks us through a rhetorical lashing of our tax collectors.

Finally, come see Short Circuit Live in DC on April 6, 2022! The link to RSVP and join us is here: https://ij.org/event/scl/

In re: Petition for Order Directing Release of Records, http://media.ca1.uscourts.gov/pdf.opinions/20-1836P-01A.pdf

Mann Construction, Inc. v. United States, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0041p-06.pdf

Short Circuit Live at University of Georgia, https://shortcircuit.org/sc_podcast/124-live-at-uga-law/

Rob Frommer, https://ij.org/staff/rfrommer/

John Wrench, https://ij.org/staff/john-wrench/

Anthony Sanders, https://ij.org/staff/asanders/

As news followers over the last few years will know, grand jury records are super secret. But sometimes judges allow the word to get out, under certain narrow circumstances. Is one of them just that the records are old and historians find them interesting? Sorry, says the First Circuit, in the latest installment of a circuit split. Rob Frommer tells us all the history. Also, can the IRS get around the Administrative Procedure Act through some creative lawyering? No, says the Sixth Circuit. John Wrench walks us through a rhetorical lashing of our tax collectors.

Finally, come see Short Circuit Live in DC on April 6, 2022! The link to RSVP and join us is here: https://ij.org/event/scl/

In re: Petition for Order Directing Release of Records, http://media.ca1.uscourts.gov/pdf.opinions/20-1836P-01A.pdf

Mann Construction, Inc. v. United States, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0041p-06.pdf

Short Circuit Live at University of Georgia, https://shortcircuit.org/sc_podcast/124-live-at-uga-law/

Rob Frommer, https://ij.org/staff/rfrommer/

John Wrench, https://ij.org/staff/john-wrench/

Anthony Sanders, https://ij.org/staff/asanders/

How do you own a wild animal? Why are drug dogs given such a benefit of the doubt? Can bees "trespass?" Why did the Medieval French put pigs on trial for murder? And does the Queen of England really own all the swans?

This is an episode for animal lovers, and lovers of legal mysteries more generally. Joining us are Professors Katy Barnett and Jeremy Gans of the University of Melbourne to discuss their new book "Guilty Pigs: The Weird and Wonderful History of Animal Law." It explores the ins and outs of all the ways that animals and the law intersect, from the curious to practical to the constitutional, from dogs to bees to foxes. Not only that, it marks the first time Short Circuit has had an Australian (two of them!) on the show. Come for the exploration of the intersection of drug dogs and civil forfeiture, stay for the ownership rights of the IKEA monkey.

Guilty Pigs: The Weird and Wonderful History of Animal Law, https://www.amazon.com/Guilty-Pigs-Wonderful-History-Animal-ebook/dp/B09CGQDNGD

Florida v. Harris, https://www.supremecourt.gov/opinions/12pdf/11-817_5if6.pdf

IJ amicus brief in Florida v. Harris, https://ij.org/amicus/florida-v-harris/

Florida v. Jardines, https://www.supremecourt.gov/opinions/12pdf/11-564_5426.pdf

Short Circuit episode on Robot Law, https://shortcircuit.org/sc_podcast/163/

Katy Barnett, https://law.unimelb.edu.au/about/staff/katy-barnett

Jeremy Gans, https://law.unimelb.edu.au/about/staff/jeremy-gans

Anthony Sanders, https://ij.org/staff/asanders/

Wanna get mad? This week we've got you covered. Two cases where the government plays by different rules from the rest of us. First Jaba Tsitsuashvili explains how the 11th Circuit went out of its way to excuse the Department of Justice's failure to raise a legal argument to do with a traffic stop search that private attorneys would not get away with. And Josh House tells us what the 8th Circuit thinks about property when you don't pay property taxes. The result isn't pretty. Along the way, however, there's a few laughs and in the 11th Circuit case we hope you appreciate that "the dissent comes with receipts."

United States v. Campbell, https://media.ca11.uscourts.gov/opinions/pub/files/201610128.enb.pdf

Tyler v. Hennepin County, https://ecf.ca8.uscourts.gov/opndir/22/02/203730P.pdf

https://ij.org/staff/joshua-house/

https://ij.org/staff/jaba-tsitsuashvili/

https://ij.org/staff/asanders/

Wanna get mad? This week we've got you covered. Two cases where the government plays by different rules from the rest of us. First Jaba Tsitsuashvili explains how the 11th Circuit went out of its way to excuse the Department of Justice's failure to raise a legal argument to do with a traffic stop search that private attorneys would not get away with. And Josh House tells us what the 8th Circuit thinks about property when you don't pay property taxes. The result isn't pretty. Along the way, however, there's a few laughs and in the 11th Circuit case we hope you appreciate that "the dissent comes with receipts."

United States v. Campbell, https://media.ca11.uscourts.gov/opinions/pub/files/201610128.enb.pdf

Tyler v. Hennepin County, https://ecf.ca8.uscourts.gov/opndir/22/02/203730P.pdf

https://ij.org/staff/joshua-house/

https://ij.org/staff/jaba-tsitsuashvili/

https://ij.org/staff/asanders/