Short Circuit

Following in the footsteps of last week's Super Bowl halftime show, we're keeping it West Coast today. Two cases from the Ninth Circuit that are Very Ninth Circuit. First, Bob McNamara explains how the overbreadth doctrine invalidated a restriction on speech related to violating immigration law. Then, Joe Gay describes the many ways the court found an Oakland, California ordinance to be just fine constitutionally even though it forces people to pay a lot of money just to move back into their house. Nobody raps, but there are unintentional references to the Norwegian pop group a-ha.

United States v. Hansen, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/10/17-10548.pdf

Ballinger v. City of Oakland, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/01/19-16550.pdf

Robert McNamara, https://ij.org/staff/robert-mcnamara/

Joe Gay, https://ij.org/staff/joe-gay/

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

Following in the footsteps of last week's Super Bowl halftime show, we're keeping it West Coast today. Two cases from the Ninth Circuit that are Very Ninth Circuit. First, Bob McNamara explains how the overbreadth doctrine invalidated a restriction on speech related to violating immigration law. Then, Joe Gay describes the many ways the court found an Oakland, California ordinance to be just fine constitutionally even though it forces people to pay a lot of money just to move back into their house. Nobody raps, but there are unintentional references to the Norwegian pop group a-ha.

United States v. Hansen, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/10/17-10548.pdf

Ballinger v. City of Oakland, https://cdn.ca9.uscourts.gov/datastore/opinions/2022/02/01/19-16550.pdf

Robert McNamara, https://ij.org/staff/robert-mcnamara/

Joe Gay, https://ij.org/staff/joe-gay/

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

The Institute for Justice just issued a new report, 50 Shades of Government Immunity, about what happens when you go to state--not federal--court after the government violates your rights. The report grades every state for its access to justice as an alternative to the federal judiciary. Unfortunately, with just a couple exceptions, it doesn't paint a pretty picture.

Two IJ attorneys, Anya Bidwell and Patrick Jaicomo, and Professor Alex Reinert of Cardozo Law, join Short Circuit to discuss the report and Professor Reinert's related research. You'll learn that while going to state court isn't nearly as easy as some at the U.S. Supreme Court assume it to be, there are prospects for reform as well.

50 Shades of Government Immunity, https://ij.org/report/50-shades-of-government-immunity/

New Federalism and Civil Rights Enforcement, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1478&context=nulr

Protecting Everyone's Constitutional Rights Act (IJ's model legislation), https://ij.org/legislation/protecting-everyones-constitutional-rights-act/

Alex Reinert, https://cardozo.yu.edu/directory/alexander-reinert

Anya Bidwell, https://ij.org/staff/anya-bidwell/

Patrick Jaicomo, https://ij.org/staff/patrick-jaicomo/

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

The Institute for Justice just issued a new report, 50 Shades of Government Immunity, about what happens when you go to state--not federal--court after the government violates your rights. The report grades every state for its access to justice as an alternative to the federal judiciary. Unfortunately, with just a couple exceptions, it doesn't paint a pretty picture.

Two IJ attorneys, Anya Bidwell and Patrick Jaicomo, and Professor Alex Reinert of Cardozo Law, join Short Circuit to discuss the report and Professor Reinert's related research. You'll learn that while going to state court isn't nearly as easy as some at the U.S. Supreme Court assume it to be, there are prospects for reform as well.

50 Shades of Government Immunity, https://ij.org/report/50-shades-of-government-immunity/

New Federalism and Civil Rights Enforcement, https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1478&context=nulr

Protecting Everyone's Constitutional Rights Act (IJ's model legislation), https://ij.org/legislation/protecting-everyones-constitutional-rights-act/

Alex Reinert, https://cardozo.yu.edu/directory/alexander-reinert

Anya Bidwell, https://ij.org/staff/anya-bidwell/

Patrick Jaicomo, https://ij.org/staff/patrick-jaicomo/

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

Divorce can be hard on the kids. Especially when the divorce was 40 years ago, the government doesn't believe it happened, and your U.S. citizenship depends on whether it did. New York litigator Alexandra Tseitlin joins Short Circuit to discuss an unusual immigration case she recently won in the Third Circuit. Also, ineffective assistance of counsel claims are difficult to win. But they're a bit easier when the lawyer is just obviously wrong about what the law means. Tori Clark of IJ walks us through a tragic story that got a bit better on appeal. And finally, we have a winner in our Most Beautiful Courtroom contest. We hope you don't mind speaking in the library.

Jaffal v. ICE, https://www2.ca3.uscourts.gov/opinarch/203148p.pdf

U.S. v. Freeman, https://www.ca4.uscourts.gov/opinions/194104A.P.pdf

Alexandra Tseitlin, https://www.tseitlinlaw.com/alexandra-tseitlin/

Tori Clark, https://ij.org/staff/tori-clark/

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

Divorce can be hard on the kids. Especially when the divorce was 40 years ago, the government doesn't believe it happened, and your U.S. citizenship depends on whether it did. New York litigator Alexandra Tseitlin joins Short Circuit to discuss an unusual immigration case she recently won in the Third Circuit. Also, ineffective assistance of counsel claims are difficult to win. But they're a bit easier when the lawyer is just obviously wrong about what the law means. Tori Clark of IJ walks us through a tragic story that got a bit better on appeal. And finally, we have a winner in our Most Beautiful Courtroom contest. We hope you don't mind speaking in the library.

Jaffal v. ICE, https://www2.ca3.uscourts.gov/opinarch/203148p.pdf

U.S. v. Freeman, https://www.ca4.uscourts.gov/opinions/194104A.P.pdf

Alexandra Tseitlin, https://www.tseitlinlaw.com/alexandra-tseitlin/

Tori Clark, https://ij.org/staff/tori-clark/

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

Sometimes when the government does bad things to you it violates the Constitution. And sometimes it just violates the contract. Jeff Rowes explains the difference, and how things went down with a development scheme in the Fifth Circuit. Also, Will Aronin brings his expertise he learned as a trial lawyer to examine some junk science that has now been put on trial. Plus he details why it would be nice for a criminal defendant to know if a witness testifying against him is known to "stretch the truth."

Preston Hollow Capital, LLC v. Cottonwood Development Corp., https://www.ca5.uscourts.gov/opinions/pub/21/21-50389-CV0.pdf

O'Donnell v. Yezzo, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0026n-06.pdf

Judge Jon Newman article on "En Banc," https://static.reuters.com/resources/media/editorial/20200714/IN%20BANC%20PRACTICE%20IN%20THE%20SECOND%20CIRCUIT%20THE%20VIRTUES%20OF%20RESTRAINT.pdf

Jeff Rowes, https://ij.org/staff/jrowes/

Will Aronin, https://ij.org/staff/will-aronin/

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

Sometimes when the government does bad things to you it violates the Constitution. And sometimes it just violates the contract. Jeff Rowes explains the difference, and how things went down with a development scheme in the Fifth Circuit. Also, Will Aronin brings his expertise he learned as a trial lawyer to examine some junk science that has now been put on trial. Plus he details why it would be nice for a criminal defendant to know if a witness testifying against him is known to "stretch the truth."

Preston Hollow Capital, LLC v. Cottonwood Development Corp., https://www.ca5.uscourts.gov/opinions/pub/21/21-50389-CV0.pdf

O'Donnell v. Yezzo, https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0026n-06.pdf

Judge Jon Newman article on "En Banc," https://static.reuters.com/resources/media/editorial/20200714/IN%20BANC%20PRACTICE%20IN%20THE%20SECOND%20CIRCUIT%20THE%20VIRTUES%20OF%20RESTRAINT.pdf

Jeff Rowes, https://ij.org/staff/jrowes/

Will Aronin, https://ij.org/staff/will-aronin/

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

Is it "on bonk" or "n bank"? IJ lawyers disagree on how to pronounce a full court of appeals considering a case. But whatever your Latin/Old French skills, the en banc Fifth Circuit said some things about the Dallas County jail that even your crack team of experts can't understand. But Sam Gedge does his best to explain what might be going on, and how the court needlessly addressed his favorite topic, Younger abstention. But before that Bob Belden tells a story of a renegade sheriff sticking unauthorized anti-Halloween signs in rehabilitated sex offenders' yards.

RSVP for our live event on the Georgia Constitution on February 4, 2022, https://ij.org/event/center-for-judicial-engagement-forum-on-the-georgia-constitution/

McClendon v. Long, https://media.ca11.uscourts.gov/opinions/pub/files/202110092.pdf

Daves v. Dallas County, https://www.ca5.uscourts.gov/opinions/pub/18/18-11368-CV2.pdf

Rival "How to Pronounce 'En Banc'" Videos: https://www.youtube.com/watch?v=vQexSbL8iDQ, https://www.youtube.com/watch?v=fsnW2JDc0G8

Sam Gedge, https://ij.org/staff/sam-gedge/

Bob Belden, https://ij.org/staff/bob-belden/

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