Oral Argument

We’ve been asking for a true originalist to take us to the woodshed for all our prior doubts and dismissiveness of origi... Read more

Why do people stand in line? Or is it “on line”? Of course it isn’t. But the question remains. We talk with Dave Fagunde... Read more

Just Joe and Christian on the pandemic, new articles, and spring break. Achieving A Fair and Effective COVID-19 Respons... Read more

Now we turn to Joe’s favorite case(s). And monkey selfies. First, some great listener feedback, and Joe’s argument that ... Read more

Feedback on “the Cyberloquium,” theme music, affirmative action, oral arguments, podcast apps, Scalia’s opinion announce... Read more

We discuss the role of design in the practice of law with renowned typographer-lawyer Matthew Butterick. The conversatio... Read more

Joe’s favorites case(s) part deux, Carolene Products, the filled milk case to end all filled milk cases. We talk about a... Read more

Our labor day episode, in which we discuss: Judge Posner’s castigation of state attorneys in gay marriage cases, profess... Read more

This is the week the circuits split. We discuss Judge Sutton’s opinion for a panel of the Sixth Circuit upholding bans o... Read more

We discuss the common law and originalism with law, literature, and history scholar Bernadette Meyler. Some of today’s m... Read more

Should judges surf the web to scrutinize the truth of facts in front of them? With Amanda Frost, we discuss a recent cas... Read more

We open the burgeoning mailbag. And oh what a bounty! Side A: 1. Georgia’s assertion of copyright over its annotated sta... Read more

Is the common law efficient? Richard Posner, among many others, has argued that it is, perhaps even without judges ever ... Read more

Christian, Joe, and frequent co-host Sonja West dig into the mail and tweet bags and discuss nonsense, sense, and antise... Read more

On immaturity, defensiveness, art, the intellect, models, and the self. And mailbag on scholarship and practice, Title V... Read more

Despite the fact that our show is pretty much the opposite of careful, we discuss precaution, regulation, and institutio... Read more

With Michelle Meyer, a scholar of bioethics and law and a longtime listener of this show, we talk about human testing an... Read more

We kick off Season 2 with assorted nonsense before diving into our second SCOTUS round-up, which consists entirely of th... Read more

We talk about LARPing, emotions, meaning, exam writing, grading, happiness, and other things. Lawrence S. Krieger and K... Read more

Sometimes in law, as in other areas of life, we think we know something, but the more we think about, the more we realiz... Read more