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31 Dec 2021, 12:30 pm
[Internet trolls, militant tactics, and big dicta energy.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Plaintiffs: Amtrak has started including an arbitration requirement in the terms and conditions of every ticket it sells, in violation (say we) of the Petition Clause, Article III of the Constitution, and all that is good and holy. D.C. Circuit: What say you guys fight about all this once Amtrak actually tries to make you arbitrate… [read post]
24 Dec 2021, 12:30 pm
[A jurisprudential feast, compassionate releases, and superior addresses.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New case alert: Can game wardens in Pennsylvania trespass onto private property without a warrant or permission or notice for whatever reason whenever they want? Some state statutes say pretty much yes, and under the Supreme Court's lamentable "open fields doctrine" the answer is pretty much the same. But now… [read post]
19 Nov 2021, 12:30 pm
[Saving the right whales, unpermitted structures, and habeas ankle.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. If a SWAT team destroys an innocent person's house, does the government owe any compensation? Yesterday, a federal district court said it's a definite possibility and threw out the city of McKinney, Texas's motion to dismiss IJ client Vicki Baker's case. Click here to learn more. Is a "trucky… [read post]
5 Nov 2021, 12:30 pm
[Buried treasure, visible shackles, and super weird texts.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. For 18 months, without a warrant, investigators pointed three surveillance cameras that recorded comings and goings at the home of an Illinois man 24/7 and allowed federal, state, and local officers to watch live from a remote location. Is that a search? Over at Bloomberg Law IJers Josh Windham and Daryl James urge the Supreme Court to… [read post]
21 Feb 2025, 12:46 pm
[Idling buses, an iPhone non-search, and high seas cocaine.] New on the Short Circuit podcast: Do NIMBYs like big bats and they cannot lie? Plus some remands and removals. Special education student sues D.C., claiming inadequate education under IDEA. D.C. Circuit: Summary judgment for D.C. There's no flaw in the student's individualized education program, even if he didn't reach the desired "educational outcome." Concurrence: Summary judgment is an awkward fit for… [read post]
7 Feb 2025, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: City officials just can't help themselves from tearing down people's homes. In 2014, the Russia-backed Donetsk People's Republic shoots down Malaysia Airlines Flight 17, en route from Amsterdam to Kuala Lumpur, killing all 298 people aboard. (Russia denies involvement.) The family of an American passenger sues Sberbank,… [read post]
31 Jan 2025, 12:43 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Hey, what's new? Us? Oh, not much . . . except IJ is headed to the U.S. Supreme Court for the 13th time! On Monday afternoon, the Court granted IJ's petition for certiorari in Martin v. United States, a case that seeks to hold the FBI accountable for sending a SWAT team to the wrong house, where they traumatized an innocent family—Trina Martin,… [read post]
6 Dec 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New case: In 2023, South Carolina enacted a law providing $6,000 education scholarship accounts for low-income families to be used for a virtually unlimited number of education expenses: textbooks, tutoring, homeschool materials, therapies, and tuition and fees at private and out-of-district public schools. But in response to a recent state supreme court ruling,… [read post]
1 Nov 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: The IRS hands out some excessive fines and the Ninth Circuit's dicta-is-law rule. Are historic restrictions on gunpowder stores "relevantly similar" to the District of Columbia's 10-round cap on gun magazines? D.C. Circuit: "The suggestion . . . is silly." OK, what about bans on trap or spring guns?… [read post]
25 Oct 2024, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition: Friends, it was unreasonable and unconstitutional for a SWAT team to raid 593 Eighth Street when it had a warrant to raid 573 Eighth Street, and indeed the SWAT commander concedes as much. (What else can you do when you were meant to look for contraband in a garage, and the house you raided doesn't have a garage?) Sadly, however, the Fifth Circuit… [read post]
13 Sep 2024, 12:30 pm
[Eleven-person juries, noncustodial plaintiffs, and abdicated responsibilities. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition! One might think that, in determining whether a statute restricts speech or restricts nonspeech conduct (a question that tends to matter a great deal in First Amendment cases), courts should ask whether the statute … restricts speech? Or whether it restricts… [read post]
6 Sep 2024, 12:30 pm
E.g., Papa John's uses the code to capture website visitors' mouse movements, clicks, scrolls [read post]
30 Aug 2024, 12:48 pm
[A tardy oath, old-timey drunkards, and telling it man to [redacted] man.] New on the Bound By Oath podcast: Civil forfeiture is a civil rights nightmare. On this episode, we dig into the birth of the modern forfeiture regime (which we put at 1984, give or take), and we dig into forfeiture's historic roots (1789). And we ask what forfeiture's historic pedigree means for its constitutionality today. (It's still unconstitutional.) And check out recent episodes of the Short Circuit… [read post]
23 Aug 2024, 12:30 pm
[Nonaggressive dogs, tactical vests, and the entire internet.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Good news for fans of the Short Circuit podcast: We're now on YouTube! Get all the legal analysis of the federal courts of appeals you're accustomed to, just now with the smiling faces of IJ attorneys. This week's episode: Qualified immunity gets a judge out of trial duty and geofence warrants… [read post]
16 Aug 2024, 12:30 pm
[Crypto disclosures, high-risk stops, and protecting the curtilage. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Peter and Annica Quakenbush want to use their 20-acre property in rural Brooks Township, Mich. as a green cemetery and nature preserve, but township officials banned all cemeteries to stop them. This week, however, a state trial court noted that it's "Zoning 101" in Michigan that… [read post]
19 Jul 2024, 1:10 pm
[Pepper spray, carry permits, and adult cabaret.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. This week on the Short Circuit podcast: We visit the D.C. law firm of Hogan Lovells for a live show about silencers, shipping containers, and speech. If you're jealous and would like Short Circuit to visit your firm, reach out to our own Anthony Sanders. Get out your bingo cards, libertarian nerds,… [read post]
12 Jul 2024, 11:30 am
[Amateur sports, geofence warrants, and a Saudi kill squad.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. This week on the Short Circuit podcast: A First Amendment 2-4-1. Non-governmental speech in a Minnesota public school and big political party protection in New York. Exiled former Saudi official (who was the top adviser to the king's nephew and heir until the 2017 royal purge): Crown Prince and Prime… [read post]
28 Jun 2024, 12:30 pm
[Overloaded fireworks, behavioral coaching, and makeshift pockets. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition: When the gov't takes property for a public use, it must provide just compensation – including when the gov't destroys property. But last year, the Fifth Circuit held that that time-honored rule doesn't apply when the gov't has a really, really good reason… [read post]
14 Jun 2024, 12:30 pm
[Surprise inspections, dangerous fake weapons, and classroom interference.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition! Friends, the gov't has broad latitude to use eminent domain to seize private land for public uses, like parks. But what if the park is a mere pretext and what officials are actually doing is harassing someone they don't like or forcing them out of town? What then?… [read post]
7 Jun 2024, 12:30 pm
[Frothy fonts, unprofessional death threats, and books about butts and farts. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Bound By Oath podcast: the story of Berman v. Parker. In which the Supreme Court, in 1954, abandoned previous constitutional limits on the gov't's power to take property from Person A to give it to Person B, greenlighting the era of urban renewal. Which was a bad era.… [read post]
