https://simplecast.com Dissenting Opinions Welcome to Dissenting Opinions, a new podcast by the Constitutional Law Institute at the University of Chicago Law School. Hosted by Will Baude, each episode will have top legal minds discuss a Supreme Court case they believe is misunderstood -- with special episodes of a "deep dive" into a legal topic. UChicago Constitutional Law Institute 2021 en Sat, 17 Sep 2022 16:00:00 +0000 Mon, 28 Aug 2023 19:09:34 +0000 https://dissenting-opinions.simplecast.com Dissenting Opinions https://image.simplecastcdn.com/images/6cdba91c-37f3-46e4-9f2c-bbe3ad6a7f1e/0c4513bd-d6f3-4bcb-bb05-870e87610f5d/3000x3000/dissenting-opinions-podcast-cover-new-logos-final.jpg?aid=rss_feed https://dissenting-opinions.simplecast.com episodic Welcome to Dissenting Opinions, a new podcast by the Constitutional Law Institute at the University of Chicago Law School. Hosted by Will Baude, each episode will have top legal minds discuss a Supreme Court case they believe is misunderstood -- with special episodes of a "deep dive" into a legal topic. Will Baude no https://feeds.simplecast.com/nPnXUE2T constitution, law, legal, supreme court Libby Seguin eseguin@uchicago.edu 4398455a-e1d0-4e94-b32c-0ee24c96134e That Other Original Sin (with Maggie Blackhawk) Will is joined by New York University law professor Maggie Blackhawk to discuss federal Indian law and cases including Oklahoma v. Castro-Huerta and the upcoming case Brackeen v. Haaland. Will and Maggie discuss the legacy of colonialism and the Constitution, the separation of powers in Indian Country, and the government's broader constitutional duties. They then discuss the history of the Indian Child Welfare Act (ICWA) and what we might see happen regarding ICWA this fall. Happy Constitution Day!

]]> Sat, 17 Sep 2022 16:00:00 +0000 eseguin@uchicago.edu (Maggie Blackhawk, Will Baude) https://dissenting-opinions.simplecast.com/episodes/that-other-original-sin-JmKppa8D Will is joined by New York University law professor Maggie Blackhawk to discuss federal Indian law and cases including Oklahoma v. Castro-Huerta and the upcoming case Brackeen v. Haaland. Will and Maggie discuss the legacy of colonialism and the Constitution, the separation of powers in Indian Country, and the government's broader constitutional duties. They then discuss the history of the Indian Child Welfare Act (ICWA) and what we might see happen regarding ICWA this fall. Happy Constitution Day!

]]> That Other Original Sin (with Maggie Blackhawk) Maggie Blackhawk, Will Baude 00:45:59 Will is joined by New York University law professor Maggie Blackhawk to discuss federal Indian law and cases including Oklahoma v. Castro-Huerta and the upcoming case Brackeen v. Haaland. Will and Maggie discuss the legacy of colonialism and the Constitution, the separation of powers in Indian Country, and the government's broader constitutional duties. They then discuss the history of the Indian Child Welfare Act (ICWA) and what we might see happen regarding ICWA this fall. Happy Constitution Day! Will is joined by New York University law professor Maggie Blackhawk to discuss federal Indian law and cases including Oklahoma v. Castro-Huerta and the upcoming case Brackeen v. Haaland. Will and Maggie discuss the legacy of colonialism and the Constitution, the separation of powers in Indian Country, and the government's broader constitutional duties. They then discuss the history of the Indian Child Welfare Act (ICWA) and what we might see happen regarding ICWA this fall. Happy Constitution Day! legal, constitution day, law, supreme court, constitution, native american, icwa, tribal, scotus no full 8 2 1fdd010a-d04a-4ce7-9839-86c561149e70 Finale Mon, 2 May 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/how-and-why-race-matters-CNFnBIUX Finale Khiara M. Bridges 00:25:11 In the season finale of Deep Dive into Critical Race Theory, Will and Khiara discuss power, privilege, white supremacy, the possibility of a racial utopia, and confront the fundamental question: can one be a critical race theorist and also an individualist? In the season finale of Deep Dive into Critical Race Theory, Will and Khiara discuss power, privilege, white supremacy, the possibility of a racial utopia, and confront the fundamental question: can one be a critical race theorist and also an individualist? crt, critical race theory, privilege, power, white supremacy, race no full 7 2 a03b0685-ad4a-496d-b1cb-ef408e5417cc Life of the Body Thu, 28 Apr 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/life-of-the-body-fqjlHwzm Life of the Body Khiara M. Bridges 00:35:15 In episode 6 of Deep Dive into Critical Race Theory, Will and Khiara dig into healthcare disparities, discussing possible systemic causes from housing to hospital placements to environmental justice. The discussion circles back to many earlier themes, including implicit bias, structural racism, and more. In episode 6 of Deep Dive into Critical Race Theory, Will and Khiara dig into healthcare disparities, discussing possible systemic causes from housing to hospital placements to environmental justice. The discussion circles back to many earlier themes, including implicit bias, structural racism, and more. legal, law, environmental racism, healthcare disparities, crt, critical race theory, structural racism, racism, implicit bias, race, health, healthcare no full 6 2 06b2feaf-176b-4ddc-82be-791cd52eb6f7 Life of the Mind Mon, 25 Apr 2022 19:20:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/life-of-the-mind-cVzFXoVM Life of the Mind Khiara M. Bridges 00:36:34 In episode 5 of Deep Dive into Critical Race Theory, Will and Khiara discuss the implications of critical race theory interacts on education. They start with critical race theory and K-12 education, including some surprising arguments about Brown v. Board of Education. Then they graduate to affirmative action in college admissions. They also discuss what makes CRT "radical" and what true educational "utopia" would look like. In episode 5 of Deep Dive into Critical Race Theory, Will and Khiara discuss the implications of critical race theory interacts on education. They start with critical race theory and K-12 education, including some surprising arguments about Brown v. Board of Education. Then they graduate to affirmative action in college admissions. They also discuss what makes CRT "radical" and what true educational "utopia" would look like. affirmative action, integration, higher ed, legal, segregation, law, brown v. board of education, crt, critical race theory, education, racism, race, college admissions, brown v. board no full 5 2 9b7416f2-019e-49d3-a02d-d98e8daa566c Liberation Isn't a Zero-Sum Game Thu, 21 Apr 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/liberation-isnt-a-zero-sum-game-7Zh5I5hu Liberation Isn't a Zero-Sum Game Khiara M. Bridges 00:29:35 In episode 4 of Deep Dive into Critical Race Theory, Will and Khiara discuss intersectionality, how we can focus on more than one injustice at time, and how the lens of intersectionality lets us examine the connections between different injustices. In episode 4 of Deep Dive into Critical Race Theory, Will and Khiara discuss intersectionality, how we can focus on more than one injustice at time, and how the lens of intersectionality lets us examine the connections between different injustices. legal, feminism, law, disability, crt, critical race theory, intersectionality, racism, race, liberation, injustice, justice no full 4 2 7ce65b25-4c9d-4baf-97d6-5e4b2185fa72 Taking The Easy Way Out Mon, 18 Apr 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/taking-the-easy-way-out-BhUDaEJp Taking The Easy Way Out Khiara M. Bridges 00:24:17 In episode 3 of Deep Dive into Critical Race Theory, Will and Khiara zero in on “implicit bias.” They discuss criticisms of anti-racism trainings, legal definitions of racism, the use of social science, and start to preview health disparities and environmental racism, which they will return to a few episodes later. In episode 3 of Deep Dive into Critical Race Theory, Will and Khiara zero in on “implicit bias.” They discuss criticisms of anti-racism trainings, legal definitions of racism, the use of social science, and start to preview health disparities and environmental racism, which they will return to a few episodes later. legal, law, environmental racism, healthcare disparities, crt, critical race theory, racism, implicit bias, strict scrutiny, race, scotus no full 3 2 a9dbf654-4d33-4a1d-a2b6-0ef9f2ba7de8 We're Actually in a Haunted House Thu, 14 Apr 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara M. Bridges) https://dissenting-opinions.simplecast.com/episodes/were-actually-in-a-haunted-house-QHtweh8f We're Actually in a Haunted House Khiara M. Bridges 00:31:38 In episode 2 of Deep Dive into Critical Race Theory, Will and Khiara discuss structural racism, capitalism and land use/zoning laws, individual responsibility in eradicating racism, and how critical race theory became the hot topic phrase in the media today. In episode 2 of Deep Dive into Critical Race Theory, Will and Khiara discuss structural racism, capitalism and land use/zoning laws, individual responsibility in eradicating racism, and how critical race theory became the hot topic phrase in the media today. legal, law, capitalism, crt, critical race theory, racism, race no full 2 2 e385ad0a-0d3b-40da-931c-30d3087f2766 Critical Race Theory is a Verb Mon, 11 Apr 2022 16:00:00 +0000 eseguin@uchicago.edu (Khiara Bridges) https://dissenting-opinions.simplecast.com/episodes/critical-race-theory-is-a-verb-fMmYW_5F Critical Race Theory is a Verb Khiara Bridges 00:26:32 Will is joined by UC Berkeley Law professor Khiara M. Bridges to kick off Season 2 of Deep Dive into Critical Race Theory. In the first episode, Will and Khiara discuss: what IS critical race theory? What makes it “critical”? What distinguishes it from other work on race? What unites it as a theory? Will and Khiara further discuss how optimistic or pessimistic we should be about eradicating racism. Will is joined by UC Berkeley Law professor Khiara M. Bridges to kick off Season 2 of Deep Dive into Critical Race Theory. In the first episode, Will and Khiara discuss: what IS critical race theory? What makes it “critical”? What distinguishes it from other work on race? What unites it as a theory? Will and Khiara further discuss how optimistic or pessimistic we should be about eradicating racism. deep dive, law, crt, critical race theory, legal theory, racism, race, diversity no full 1 2 4652a7c0-fa65-4cc2-9f7e-1655f0494736 Checks and Balances (with Curt Bradley) In our final episode of Season 1, Will is joined by the newest UChicago Law professor, Curt Bradley, to discuss INS v. Chadha a transformative case that invalidated the "legislative" veto almost forty years ago. They discuss the formal and functional separation of powers, and the surprising possibility that it wasn't really so transformative after all. This episode also features a look at the scholarship of then-Senator Joseph Biden. Happy Constitution Day!

Case audio is from Oyez.org

]]> Fri, 17 Sep 2021 16:00:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/checks-and-balances-with-curt-bradley-Kf_E9Wmm In our final episode of Season 1, Will is joined by the newest UChicago Law professor, Curt Bradley, to discuss INS v. Chadha a transformative case that invalidated the "legislative" veto almost forty years ago. They discuss the formal and functional separation of powers, and the surprising possibility that it wasn't really so transformative after all. This episode also features a look at the scholarship of then-Senator Joseph Biden. Happy Constitution Day!

Case audio is from Oyez.org

]]> Checks and Balances (with Curt Bradley) Libby Seguin 00:49:24 In our final episode of Season 1, Will is joined by the newest UChicago Law professor, Curt Bradley, to discuss INS v. Chadha: a transformative case that invalidated the "legislative" veto almost forty years ago. They discuss the formal and functional separation of powers, and the surprising possibility that it wasn't really so transformative after all. This episode also features a look at the scholarship of then-Senator Joseph Biden. Happy Constitution Day! In our final episode of Season 1, Will is joined by the newest UChicago Law professor, Curt Bradley, to discuss INS v. Chadha: a transformative case that invalidated the "legislative" veto almost forty years ago. They discuss the formal and functional separation of powers, and the surprising possibility that it wasn't really so transformative after all. This episode also features a look at the scholarship of then-Senator Joseph Biden. Happy Constitution Day! legal, joe biden, law, supreme court, scotus no full 15 1 a3e9df02-1cef-45e2-84da-a758357bbb66 Fractured Opinions (with Nina Varsava) Will is joined by University of Wisconsin law professor Nina Varsava, where they discuss how to make sense of fractured Supreme Court opinions in light of Marks v. United States. They also discuss the applications of Marks's "narrowest grounds" test in the recent jury-trial decision of Ramos v. Louisiana, with plenty of Dworkin along the way. Later in the episode they dig into Nina's infamous paper on judicial rhetoric.

Case audio from Oyez.org

]]> Wed, 11 Aug 2021 16:00:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/fractured-opinions-oW5BTFMY Will is joined by University of Wisconsin law professor Nina Varsava, where they discuss how to make sense of fractured Supreme Court opinions in light of Marks v. United States. They also discuss the applications of Marks's "narrowest grounds" test in the recent jury-trial decision of Ramos v. Louisiana, with plenty of Dworkin along the way. Later in the episode they dig into Nina's infamous paper on judicial rhetoric.

Case audio from Oyez.org

]]> Fractured Opinions (with Nina Varsava) Libby Seguin 00:50:42 Will is joined by University of Wisconsin law professor Nina Varsava, where they discuss how to make sense of fractured Supreme Court opinions in light of Marks v. United States. They also discuss the applications of Marks's "narrowest grounds" test in the recent jury-trial decision of Ramos v. Louisiana, with plenty of Dworkin along the way. Later in the episode they dig into Nina's infamous paper on judicial rhetoric. Will is joined by University of Wisconsin law professor Nina Varsava, where they discuss how to make sense of fractured Supreme Court opinions in light of Marks v. United States. They also discuss the applications of Marks's "narrowest grounds" test in the recent jury-trial decision of Ramos v. Louisiana, with plenty of Dworkin along the way. Later in the episode they dig into Nina's infamous paper on judicial rhetoric. legal, law, supreme court, dworkin, scotus no full 14 1 3a2b848c-923f-4436-8d70-23b4b301182d Legal Shell Game (with Caleb Nelson) Will is joined by University of Virginia law professor Caleb Nelson to discuss Association of Data Processing Service Organizations, Inc. v. Camp. They get deep into the weeds of the technicalities of standing and causes of action, and discuss how a misunderstanding of Justice Douglas’s opinion has transformed our understanding of administrative law. WARNING: this one is complicated!

Case audio is from Oyez.org

]]> Wed, 28 Jul 2021 16:00:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/legal-shell-game-with-caleb-nelson-DP5lIr5v Will is joined by University of Virginia law professor Caleb Nelson to discuss Association of Data Processing Service Organizations, Inc. v. Camp. They get deep into the weeds of the technicalities of standing and causes of action, and discuss how a misunderstanding of Justice Douglas’s opinion has transformed our understanding of administrative law. WARNING: this one is complicated!

Case audio is from Oyez.org

]]> Legal Shell Game (with Caleb Nelson) Libby Seguin 00:49:47 Will is joined by University of Virginia law professor Caleb Nelson to discuss Association of Data Processing Service Organizations, Inc. v. Camp. They get deep into the weeds of the technicalities of standing and causes of action, and discuss how a misunderstanding of Justice Douglas’s opinion has transformed our understanding of administrative law. WARNING: this one is complicated! Will is joined by University of Virginia law professor Caleb Nelson to discuss Association of Data Processing Service Organizations, Inc. v. Camp. They get deep into the weeds of the technicalities of standing and causes of action, and discuss how a misunderstanding of Justice Douglas’s opinion has transformed our understanding of administrative law. WARNING: this one is complicated! legal, law, dissenting opinions, supreme court, administrative law, scotus no full 13 1 c00e62b5-91e3-4930-a5f8-238d499609e9 Stable, Predictable, Commonsensical (with Kevin Walsh) Will is joined by University of Richmond law professor Kevin Walsh to discuss the doctrine of severability, applied by Barr v. American Association of Political Consultants, its formalist alternatives, and the deep dilemma judges face when Congress won't respond to constitutional problems.

Case audio is from Oyez.org

 

]]> Wed, 14 Jul 2021 16:00:00 +0000 eseguin@uchicago.edu (Kevin Walsh) https://dissenting-opinions.simplecast.com/episodes/stable-predictable-commonsensical-with-kevin-walsh-8ICZPUrH Will is joined by University of Richmond law professor Kevin Walsh to discuss the doctrine of severability, applied by Barr v. American Association of Political Consultants, its formalist alternatives, and the deep dilemma judges face when Congress won't respond to constitutional problems.

Case audio is from Oyez.org

 

]]> Stable, Predictable, Commonsensical (with Kevin Walsh) Kevin Walsh 00:46:37 Will is joined by University of Richmond law professor Kevin Walsh to discuss the doctrine of severability, applied by Barr v. American Association of Political Consultants, its formalist alternatives, and the deep dilemma judges face when Congress won't respond to constitutional problems. Will is joined by University of Richmond law professor Kevin Walsh to discuss the doctrine of severability, applied by Barr v. American Association of Political Consultants, its formalist alternatives, and the deep dilemma judges face when Congress won't respond to constitutional problems. legal, law, supreme court, doctrine, scotus no full 12 1 5c4b8d6f-4584-41fd-85ff-816734d4f498 Politics In the final episode of Deep Dive, Will and Adam discuss the partisan politics of originalism. They discuss hot-button topics like: academic freedom, gun rights and the Second Amendment, marijuana regulation, same-sex marriage, and once again the Affordable Care Act. 

Recorded February 22, 2021

]]> Wed, 30 Jun 2021 16:15:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/the-politics-OnY5Nswl In the final episode of Deep Dive, Will and Adam discuss the partisan politics of originalism. They discuss hot-button topics like: academic freedom, gun rights and the Second Amendment, marijuana regulation, same-sex marriage, and once again the Affordable Care Act. 

Recorded February 22, 2021

]]> Politics Libby Seguin 00:51:49 In the final episode of Deep Dive, Will and Adam discuss the partisan politics of originalism. They discuss hot-button topics like: academic freedom, gun rights and the Second Amendment, marijuana regulation, same-sex marriage, and once again the Affordable Care Act. In the final episode of Deep Dive, Will and Adam discuss the partisan politics of originalism. They discuss hot-button topics like: academic freedom, gun rights and the Second Amendment, marijuana regulation, same-sex marriage, and once again the Affordable Care Act. no full 11 1 78bd577f-7098-479a-a983-df8fb485ba35 The Oath In Episode 6 of Deep Dive, Will and Adam discuss the oath judges and public officials take, whether or not it’s still relevant today, and what the oath has to do with originalism. They also argue about an analogy reminiscent of the SAT: Is it constitution:United States, or is it protect and defend:United States?

Recorded February 15, 2021

]]> Wed, 30 Jun 2021 16:10:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/the-oath-5Z_hhfm2 In Episode 6 of Deep Dive, Will and Adam discuss the oath judges and public officials take, whether or not it’s still relevant today, and what the oath has to do with originalism. They also argue about an analogy reminiscent of the SAT: Is it constitution:United States, or is it protect and defend:United States?

Recorded February 15, 2021

]]> The Oath Libby Seguin 00:52:18 In Episode 6 of Deep Dive, Will and Adam discuss the oath judges and public officials take, whether or not it’s still relevant today, and what the oath has to do with originalism. They also argue about an analogy reminiscent of the SAT: Is it constitution:United States, or is it protect and defend:United States? In Episode 6 of Deep Dive, Will and Adam discuss the oath judges and public officials take, whether or not it’s still relevant today, and what the oath has to do with originalism. They also argue about an analogy reminiscent of the SAT: Is it constitution:United States, or is it protect and defend:United States? no full 10 1 29db68b9-be66-4eb5-aeb3-bf9c16e96b42 Original Law Originalism In Episode 5 of Deep Dive, Will and Adam tease out positive law originalism further by discussing "original law originalism." They discuss the difference between original intent and original meaning, how scholars might use methods of change, and how originalism handles the Reconstruction Amendments.

Recorded February 8, 2021

]]> Wed, 30 Jun 2021 16:05:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/original-law-originalism-Kgys9p3l In Episode 5 of Deep Dive, Will and Adam tease out positive law originalism further by discussing "original law originalism." They discuss the difference between original intent and original meaning, how scholars might use methods of change, and how originalism handles the Reconstruction Amendments.

Recorded February 8, 2021

]]> Original Law Originalism Libby Seguin 00:54:51 In Episode 5 of Deep Dive, Will and Adam tease out positive law originalism further by discussing "original law originalism." They discuss the difference between original intent and original meaning, how scholars might use methods of change, and how originalism handles the Reconstruction Amendments. In Episode 5 of Deep Dive, Will and Adam tease out positive law originalism further by discussing "original law originalism." They discuss the difference between original intent and original meaning, how scholars might use methods of change, and how originalism handles the Reconstruction Amendments. no full 9 1 430ebe4b-a3ef-4280-a551-ace29cd0baad Applications In Episode 4 of Deep Dive, Will and Adam review the positive turn and discuss how originalism applies to modern problems such as the administrative state, handgun laws, and the Affordable Care Act.

Recorded February 1, 2021

]]> Wed, 30 Jun 2021 16:00:00 +0000 eseguin@uchicago.edu (Adam Chilton) https://dissenting-opinions.simplecast.com/episodes/the-applications-wWycG4la In Episode 4 of Deep Dive, Will and Adam review the positive turn and discuss how originalism applies to modern problems such as the administrative state, handgun laws, and the Affordable Care Act.

Recorded February 1, 2021

]]> Applications Adam Chilton 00:55:37 In Episode 4 of Deep Dive, Will and Adam review the positive turn and discuss how originalism applies to modern problems such as the administrative state, handgun laws, and the Affordable Care Act. In Episode 4 of Deep Dive, Will and Adam review the positive turn and discuss how originalism applies to modern problems such as the administrative state, handgun laws, and the Affordable Care Act. legal, law, originalism no full 8 1 92be6d8c-db40-4d32-b428-8f802ee384f5 The Positive Turn In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist.

Recorded January 25, 2021

]]> Wed, 16 Jun 2021 17:10:00 +0000 eseguin@uchicago.edu (Adam Chilton) https://dissenting-opinions.simplecast.com/episodes/the-positive-turn-4o2ymqwV In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist.

Recorded January 25, 2021

]]> The Positive Turn Adam Chilton 00:52:57 In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist. In Episode 3 of Deep Dive, Will and Adam dissect the claim that originalism is "our law." They discuss how courts handle precedent and policy, and also ponder how judges can change their mind while still being an originalist. legal, law, originalism, law school no full 7 1 3f09a6d3-943c-4b0c-86c6-11db8a0e344a The Counterarguments In Episode 2 of Deep Dive, Will and Adam discuss some counterarguments to originalism, both descriptive and normative. They also discuss federalism, judicial choice, and well... there is just too much to sum it all up.

Recorded January 14, 2021

]]> Wed, 16 Jun 2021 17:05:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/the-counterarguments-mdtil6lM In Episode 2 of Deep Dive, Will and Adam discuss some counterarguments to originalism, both descriptive and normative. They also discuss federalism, judicial choice, and well... there is just too much to sum it all up.

Recorded January 14, 2021

]]> The Counterarguments Libby Seguin 00:43:41 In Episode 2 of Deep Dive, Will and Adam discuss some counterarguments to originalism, both descriptive and normative. They also discuss federalism, judicial choice, and well... there is just too much to sum it all up. In Episode 2 of Deep Dive, Will and Adam discuss some counterarguments to originalism, both descriptive and normative. They also discuss federalism, judicial choice, and well... there is just too much to sum it all up. no full 6 1 a822eede-b8af-4e3d-aab5-85ca6ae16d86 The Emergence of Originalism In Episode 1 of Deep Dive, Will and Adam discuss the rise of originalism up to about 2013, including the three main arguments for originalism: the linguistic argument, two consequentialist arguments, and they ponder: What's the difference between a  fried chicken recipe and a Constitution? How important are state constitutions compared to the US Constitution, and how easy or difficult should it be to create constitutional amendments? What should the amendment process look like? Spoiler alert: the movie plot of Lincoln is discussed.

Recorded January 4, 2021

]]> Wed, 16 Jun 2021 17:00:00 +0000 eseguin@uchicago.edu (Adam Chilton) https://dissenting-opinions.simplecast.com/episodes/the-emergence-of-originalism-rMzm2YRe In Episode 1 of Deep Dive, Will and Adam discuss the rise of originalism up to about 2013, including the three main arguments for originalism: the linguistic argument, two consequentialist arguments, and they ponder: What's the difference between a  fried chicken recipe and a Constitution? How important are state constitutions compared to the US Constitution, and how easy or difficult should it be to create constitutional amendments? What should the amendment process look like? Spoiler alert: the movie plot of Lincoln is discussed.

Recorded January 4, 2021

]]> The Emergence of Originalism Adam Chilton 00:56:53 In Episode 1 of Deep Dive, Will and Adam discuss the rise of originalism up to about 2013, including the three main arguments for originalism: the linguistic argument, two consequentialist arguments, and they ponder: What's the difference between a fried chicken recipe and a Constitution? How important are state constitutions compared to the US Constitution, and how easy or difficult should it be to create constitutional amendments? What should the amendment process look like? Spoiler alert: the movie plot of Lincoln is discussed. In Episode 1 of Deep Dive, Will and Adam discuss the rise of originalism up to about 2013, including the three main arguments for originalism: the linguistic argument, two consequentialist arguments, and they ponder: What's the difference between a fried chicken recipe and a Constitution? How important are state constitutions compared to the US Constitution, and how easy or difficult should it be to create constitutional amendments? What should the amendment process look like? Spoiler alert: the movie plot of Lincoln is discussed. legal, law, originalism, law school no full 5 1 a6510f5b-68d7-48cb-843a-bf2d2b886487 A Court with a Mission (with David Strauss) Will is joined by UChicago Law Professor David Strauss to discuss Congress's power to enforce the Constitution, recognized by Katzenbach v. Morgan, and whether there's still any room today for the principles of the Warren Court.

Audio clips are from Oyez.org

]]> Wed, 2 Jun 2021 16:00:00 +0000 eseguin@uchicago.edu (David Strauss) https://dissenting-opinions.simplecast.com/episodes/a-court-with-a-mission-with-david-strauss-oFhRjDr_ Will is joined by UChicago Law Professor David Strauss to discuss Congress's power to enforce the Constitution, recognized by Katzenbach v. Morgan, and whether there's still any room today for the principles of the Warren Court.

Audio clips are from Oyez.org

]]> A Court with a Mission (with David Strauss) David Strauss 00:36:13 Will is joined by UChicago law professor David Strauss to discuss Congress's power to enforce the Constitution, recognized by Katzenbach v. Morgan, and whether there's still any room today for the principles of the Warren Court. Will is joined by UChicago law professor David Strauss to discuss Congress's power to enforce the Constitution, recognized by Katzenbach v. Morgan, and whether there's still any room today for the principles of the Warren Court. congress, supreme court, warren court, katzenbach no full 4 1 247c4e55-3dd0-4c25-ac4e-1eb84b493aa2 The Deep Deep Deep State (with Bridget Fahey) Will is joined by UChicago law professor Bridget Fahey to discuss the anti-commandeering doctrine of Printz v. United States, why we shouldn't fear federalism, and what would happen if we took the Tenth Amendment seriously.

Case audio is from  Oyez.org

 

]]> Wed, 19 May 2021 16:00:00 +0000 eseguin@uchicago.edu (Bridget Fahey) https://dissenting-opinions.simplecast.com/episodes/the-deep-deep-deep-state-with-bridget-fahey-sDaQL6lb Will is joined by UChicago law professor Bridget Fahey to discuss the anti-commandeering doctrine of Printz v. United States, why we shouldn't fear federalism, and what would happen if we took the Tenth Amendment seriously.

Case audio is from  Oyez.org

 

]]> The Deep Deep Deep State (with Bridget Fahey) Bridget Fahey 00:35:44 Will is joined by UChicago law professor Bridget Fahey to discuss the anti-commandeering doctrine of Printz v. United States, why we shouldn't fear federalism, and what would happen if we took the Tenth Amendment seriously. Will is joined by UChicago law professor Bridget Fahey to discuss the anti-commandeering doctrine of Printz v. United States, why we shouldn't fear federalism, and what would happen if we took the Tenth Amendment seriously. no full 3 1 39d95de2-18d0-4acc-812c-c689a98b4f14 Making Fetch Happen (with Stephen Sachs) Will is joined by Duke law professor Stephen Sachs to discuss what is wrong with Erie Railroad v. Tompkins, how judicial decisions are like poker games and the fashion industry, and whether it is naïve to think that judges don't make law.

Justice Scalia audio is from CSPAN "The Role of the Judiciary" Nov. 22, 2008

Case audio is from Oyez.org

]]> Wed, 5 May 2021 16:00:00 +0000 eseguin@uchicago.edu (Libby Seguin) https://dissenting-opinions.simplecast.com/episodes/making-fetch-happen-with-stephen-sachs-PfyXsfE7 Will is joined by Duke law professor Stephen Sachs to discuss what is wrong with Erie Railroad v. Tompkins, how judicial decisions are like poker games and the fashion industry, and whether it is naïve to think that judges don't make law.

Justice Scalia audio is from CSPAN "The Role of the Judiciary" Nov. 22, 2008

Case audio is from Oyez.org

]]> Making Fetch Happen (with Stephen Sachs) Libby Seguin 00:38:47 Will is joined by Duke law professor Stephen Sachs to discuss what is wrong with Erie Railroad v. Tompkins, how judicial decisions are like poker games and the fashion industry, and whether it is naïve to think that judges don't make law. Will is joined by Duke law professor Stephen Sachs to discuss what is wrong with Erie Railroad v. Tompkins, how judicial decisions are like poker games and the fashion industry, and whether it is naïve to think that judges don't make law. legal, law, supreme court, erie railroad no full 2 1 0c40936d-f8e7-471e-b696-0ee197d4384d Free Speech Capitalism (with Genevieve Lakier) Will is joined by UChicago law professor Genevieve Lakier to discuss what she likes about Virginia State Board v. Virginia Consumer Council as a First Amendment case, whether money is speech, and how we could regulate political speech and lies.

Audio clips from the case argument and opinion are from Oyez.org (https://www.oyez.org/cases/1975/74-895)

]]> Wed, 21 Apr 2021 16:53:15 +0000 eseguin@uchicago.edu (Will Baude, Genevieve Lakier) https://dissenting-opinions.simplecast.com/episodes/free-speech-capitalism-with-genevieve-lakier-bZoLkKzd Will is joined by UChicago law professor Genevieve Lakier to discuss what she likes about Virginia State Board v. Virginia Consumer Council as a First Amendment case, whether money is speech, and how we could regulate political speech and lies.

Audio clips from the case argument and opinion are from Oyez.org (https://www.oyez.org/cases/1975/74-895)

]]> Free Speech Capitalism (with Genevieve Lakier) Will Baude, Genevieve Lakier 00:29:05 Will is joined by UChicago law professor Genevieve Lakier to discuss what she likes about Virginia State Board v. Virginia Consumer Council as a First Amendment case, whether money is speech, and how we could regulate political speech and lies. Will is joined by UChicago law professor Genevieve Lakier to discuss what she likes about Virginia State Board v. Virginia Consumer Council as a First Amendment case, whether money is speech, and how we could regulate political speech and lies. legal, law, capitalism, supreme court, politics, first amendment, free speech, scotus no full 1 1 bd205307-2625-475b-9ef2-c97fa49afa1f Dissenting Opinions Trailer Tue, 6 Apr 2021 20:56:27 +0000 eseguin@uchicago.edu (William Baude) https://dissenting-opinions.simplecast.com/episodes/dissenting-opinions-trailer-gYpnMyme Dissenting Opinions Trailer William Baude 00:02:26 Listen to what's coming up on this season of Dissenting Opinions Listen to what's coming up on this season of Dissenting Opinions legal, law, supreme court, constitution no full 0 1