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31 May 2024, 12:30 pm by John Ross
[The Monuments Men, ankle monitor prejudice, and a qualified immunity ballot initiative.] 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: How to make a mandamus claim against the Capitol Police. Plus — parental advisory! — some spicy language in the Seventh Circuit, the first reported judicial opinion in America to drop the f-bomb, and a shoutout to Adeline, Countess of… [read post]
24 May 2024, 12:47 pm by John Ross
[Private prisons, Pyrrhic victories, and a single-family hotel.] When Texas journalist Justin Pulliam started recording the response of the Fort Bend County Sheriff's Office to a mental health call in December 2021, he didn't know that he would end up arrested and charged with interfering with a police officer. And when his criminal trial ended in a hung jury in April 2023, he hoped that would be the end of it. This week, after making Justin wait more than a year, the county formally… [read post]
10 May 2024, 12:30 pm by John Ross
[Firearm privacy, trial transcripts, and a Good Samaritan.] 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! Mason Murphy was arrested for walking on the wrong side of a rural road in central Missouri. OR WAS HE? He would like to argue that in fact he was arrested as punishment for his protected speech, and that there's pretty darn strong evidence of the officer's true motive. For one… [read post]
5 Apr 2024, 12:30 pm by John Ross
[Student loan forgiveness, critical infrastructure, and inexcusable incompetence.] 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: For decades, federal courts have consistently told property owners seeking to challenge zoning regulations as arbitrary or irrational that those types of claims belong in state court. So on this episode, we head to New Jersey, whose state judiciary first… [read post]
22 Mar 2024, 1:27 pm by John Ross
[Nuclear waste, river cruises, and an exploding toilet.] When Sylvia Gonzalez was elected to the city council in Castle Hills, Tex., she wanted to see that the city's potholes got filled. But angering the city's leadership led to a months-long investigation that ended with Sylvia arrested, allegedly for stealing a citizen petition that she herself championed. After the charges against her were dropped, Sylvia sued city officials for retaliating against her for her exercise of First… [read post]
15 Mar 2024, 12:30 pm by John Ross
[Public use, ballot selfies, and a bonkers closing statement.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. The "open fields" doctrine permits gov't officials to roam private land without consent, a warrant, or probable cause as long as they don't enter the "curtilage" around a home. The Fourth Amendment does not apply. So just how much land is unprotected? Over at Regulation,… [read post]
1 Mar 2024, 12:30 pm by John Ross
[The wheels of justice, the administration of justice, and a disparaging racehorse. ] 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: a special episode on artificial intelligence and the law with special guest Ed Walters of Georgetown Law. The D.C. Circuit reaffirms that 18 U.S.C. § 1512(c)(2) indeed covers the sort of riotous acts undertaken on January 6, an issue that will be… [read post]
16 Feb 2024, 12:30 pm by John Ross
Featuring the esteemed professors Michael Allan Wolf and John Infranca.The post Short Circuit: A Roundup [read post]
2 Feb 2024, 12:30 pm by John Ross
[Legal phantoms, Frankenstein's monster, and a wrong-door SWAT raid.] 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: Two former Judge O'Scannlain clerks join the show to talk about a suspended progressive prosecutor and a preempted ban on gas stove piping. Bangor, Me. hospital employs five psychologists: two men (paid $90 and $95 per hour), and three women (paid around… [read post]
12 Jan 2024, 12:30 pm by John Ross
[Dishwashers, Nazi-looted art, and an ag-gag mixed bag.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Next week, the Supreme Court will hear oral argument in an IJ case, DeVillier v. Texas, that asks the question: Do states have to comply with the Takings Clause? Or is it more of a guideline than an actual rule? Click here to learn more. Man spends 13 years in prison for a murder in Harrisburg, Penn. he did not… [read post]
5 Jan 2024, 12:30 pm by John Ross
[Gross, degrading, and deeply concerning.] 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 North Carolina, it is illegal for state-certified paralegals to provide advice to residents on how to fill out standard, court-created forms to resolve common legal problems, leaving low- and moderate-income residents to navigate the legal system on their own. But legal advice (both free and paid) is speech. And if… [read post]
22 Dec 2023, 12:30 pm by John Ross
[Two-faced federal prosecutors, a state prosecutor who needs to chill on Netflix, and an iconic naked baby.] 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: We head into a Pennsylvania Coal mine to unearth the origins of modern regulatory takings doctrine, resurface at Grand Central Terminal in New York City, and find ourselves in a bit of a fog. New on the Short Circuit podcast: A… [read post]
15 Dec 2023, 12:30 pm by John Ross
[Gag orders, sleeper berths, and a prosecutor's "dodgy side hustle."] 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: a deranged prosecutor, a gag order, and what a jailer should have known. Have you heard what Donald Trump has to say about "Deranged Prosecutor" Jack Smith? If not, you'll still have the chance, because the D.C. Circuit has narrowed the… [read post]
17 Nov 2023, 12:35 pm by John Ross
[Voting districts, work uniforms, and hunter harassment.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends: IJ is off to the races with an exciting new free-speech case! For decades, Minnesotan Leda Mox has taught equine-massage classes. But Minnesota says she can no longer teach her classes (read: can't talk to her students about horse massage) unless she pays the state thousands of dollars in fees and submits her horse-massage… [read post]
10 Nov 2023, 1:03 pm by John Ross
[Jury experiments, assault weapons, and machine guns.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.  Tomorrow is Veterans Day, and at IJ we want to thank those veterans who have joined with us to defend the Constitution in court after defending it in uniform, including current and former IJ clients Dr. Todd Bergland, Ryan Crownholm, Don Garrett, Vance Justice, Elmer Kilian, Stephen Lara, Zach Mallory, Jon… [read post]
3 Nov 2023, 1:00 pm by John Ross
[Gift cards, strong medicine, and cloud search warrants.] 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: If the gov't wants to restrict speech based on its content, it bears the burden to show, among other things, why the restriction is necessary. But earlier this year, the Second Circuit upheld New York's restrictions on out-of-state therapists providing teletherapy to N.Y. residents… [read post]
13 Oct 2023, 12:30 pm by John Ross
[SWAT takings, retaliatory liens, and a Spam confiscation.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. CERT GRANTED! Friends, we are excited to share that the Supreme Court has just taken up Gonzalez v. Trevino, an IJ case about officials who spent months scheming to have our client jailed on bogus charges after she criticized them—and whether the First Amendment might protect against such a thing. New on… [read post]
6 Oct 2023, 2:19 pm by John Ross
[Carjacking, arson, and obscured license tags.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. For those who enjoy rollicking crossover episodes, take a listen to Ken White (of Serious Trouble fame), who stopped by the Short Circuit podcast this past weekend. District court (2018) sentences carjacking defendant to 195 months' imprisonment. Defendant on appeal: The district court wrongly factored in a bunch of my… [read post]
29 Sep 2023, 12:30 pm by John Ross
[Wedding officiants, teaser profiles, and administrative animals.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Happy Friday! IJ is going back to the big show! Read all about it. Or listen to a past episode of the Short Circuit podcast about the case. And speaking of the Supreme Court: For the latest edition of the Short Circuit podcast, we head over to Stanford Law School to visit with some friends at the Supreme… [read post]
21 Mar 2025, 12:30 pm by John Ross
[Corner crossing, prison typewriting, and an interview with Webster Bivens.] 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 Unpublished Opinions podcast (which y'all should subscribe to): Impeaching judges, legal media, AI and corpus linguistics, plus golfing dreams. Computer scientist creates an AI-generated image and seeks to have it copyrighted, listing himself as the owner of the work, but naming… [read post]