Season 3, Episode 25 (Show 129): The Judgment of History
June 14, 2023
The ex-President’s disgrace continues, bringing many questions to the fore, including venue, judge recusal, and more. We take them on.
All eyes are on Miami, where Donald Trump faces justice. But should it be Miami? Should it be this judge, who has such a checkered history in this case? What does the Constitution say about these and other issues this case brings forth? What about precedents? It’s just the beginning, but we are ready to take on these and other issues.
Show Notes:
Season 3, Episode 24 (Show 128): I Am Calabresi
June 7, 2023
Scholar; Judge; Yale Law School”s greatest Dean; and mentor to Akhil Amar. Guido Calabresi received an honorary degree from Yale recently – we take stock of a remarkable life.
In this season of college commencements, our eyes were caught by an honorary degree given to Yale Professor, Federal Judge, and scholar Guido Calabresi. This episode will review his many contributions to America’s constitutional landscape, and to Professor Amar in particular. Prepare for a Paper Chase-like journey through the world of Guido Calabresi as seen through the eyes of Akhil Amar.
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Season 3, Episode 23 (Show 127): Crossfire on the Ceiling – Special Guests Jack Balkin and Saikrishna Prakash
May 31, 2023
The debt ceiling situation is coming down to some sort of a wire. We bring leading experts on the left and the right to debate it for your benefit.
Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans. The issues are many – what does the President due if the bill is not passed? How imminent is the threat of default? Would a default be constitutional? Does the Constitution require any action by the President in such a situation? What does the 14 Amendment, Section 4, say about this? What does an originalist analysis of the global situation look like? We bring the best experts from both sides of the political aisle for a vigorous but intellectually honest debate on the subject, and in the process, hope to find some areas of agreement and wide areas to enrich our audience.
Show Notes:
Season 3, Episode 22 (Show 126): Duct Tape on a Warhol – Special Guest James Boyle
May 24, 2023
In the wake of the Supreme Court’s ruling in the Andy Warhol case, Professor James Boyle joins us to discuss copyright, fair use, transformative works, and all manner of fascinating aspects found in this corner of the law.
The Court treated us to an assortment of nude pictures this week. The occasion was a copyright case featuring the works of Andy Warhol and the photography of Lynn Goldsmith, and the persona of the late artist Prince. To enlighten us on the intricacies and melodies of copyright law and history, we bring the premier scholar in the field to our podcast – Professor James Boyle of Duke. The result is a far-ranging discussion ranging from Plato to Creative Commons, the latter an achievement due in no small part to Professor Boyle’s efforts. As for the case, it might be more important than the Court wants it to be, and we will tell you why.
Show Notes:
Season 3, Episode 21 (Show 125): Judging for Yourself – Special Guest Kathleen Clark
May 17, 2023
The disclosures about failure to disclose, among other things, are piling up. As promised, the leading expert on the subject, Professor Kathleen Clark, joins us for a wide-ranging discussion of judicial ethics.
Justice Thomas remains in the news, as items old and new – from his ward’s private school tuition to his wife’s employment – appear on almost a daily basis. Friends of the Justice are quoted implying an effort to hide some of these transactions from public view. An infamous Supreme Court case, Shelby County, creeps back in. To help untie this web of questions, we are privileged to have Professor Kathleen Clark, a widely-recognized expert with an overwhelming resumé and Professor Amar’s seal of approval. The discussion is predictably energized.
Show Notes:
Season 3, Episode 20 (Show 124): Coronation Considerations
May 10, 2023
There’s a new King, and Akhil finds Constitutional meaning in that. A Supreme Court justice releases his private papers, and there’s significance there. The NY Times weighs in on a law school – anything there? We inquire.
King Charles III has sat in St. Edwards’ Chair, been anointed with oil, and enjoyed all manner of pomp. Akhil finds important echoes of the elevation of another III – George – back at the time of the American founding. In a busy week, we also note the release of Justice John Paul Stevens’ private papers, with implications for important cases including – surprise! – Moore v. Harper. Finally, the New York Times has a lengthy, lead article about a controversial law school, and we offer our take on that.