Episode 38: Empire of History – Special Guest Gordon S. Wood
September 22, 2021
America’s greatest living historian, Gordon Wood, joins Akhil and Andy for a wide-ranging discussion, beginning with his new book, “Power and Liberty: Constitutionalism in the American Revolution.”
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It’s fitting that our recent discussion of how authors and their books are realized is followed this week by a discussion with the finest example of a historian, Gordon Wood. We explore his new book, “Power and Liberty: Constitutionalism in the American Revolution;” locate it in the amazing arc of Gordon’s peerless career, and then conduct a lively discussion of what at first glance seems a clear disagreement between Akhil and Gordon: who was the “father of the Constitution?” The conclusion may surprise you. Finally, our historical and constitutional titans address an area of ongoing controversy surrounding the American Founding.
Show Notes:
Professors Wood and Amar at EverScholar 2021
Professors Wood and Amar at the recent EverScholar program, “The First American Founding,” held in New York City.
Episode 37: Literary Labyrinth
September 15, 2021
Professor Amar, author of seven books, explores the complex book ecosystem from writing to publishing and beyond – as he begins a book tour.
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It’s Constitution Week, and Akhil is “booked;” not only with events of the week, but on his book tour. Our series on scholars, schools, and scholarship resumes, then, with a comprehensive look at the entire ecosystem of books. What is the author’s process, and what happens after a book is written? How does a book, and an author, gain authority in a world of ubiquitous social media? And how does this take us to discussions of the Fifth and Sixth Amendments? We all believe we have a book in us, so this inside look speaks to all.
Show Notes:
Episode 36: The Ayes and Nays Upon Texas
September 8, 2021
The Texas fetal heartbeat law, and its myriad controversies, are dissected and clarified by Professor Amar – just in time for our podcast listeners.
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Texas has brazenly – or boldly, depending on your point of view – thrown down a gauntlet on abortion with their new law purporting to ban abortions once a fetal heartbeat can be detected. The Supreme Court refused to hear a challenge to the law prior to its effective date, so the nation holds its breath wondering where abortion rights, long treasured by many, will head. Meanwhile, the law deputizes the citizenry and takes enforcement out of the hands of state officials. What’s going on? Is this vigilantism? Is this a rogue, unconstitutional adventure? Is Roe v. Wade dead already? Professor Amar is your guide to what is really happening.
Show Notes:
Episode 35: A Friendly Judge
September 1, 2021
We continue our discussion of scholars, scholarship, and schools – and how one determines which to rely on.
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Suppose there is a controversial issue of constitutional law. Where does one go for authoritative exposition? We continue what is essentially a discussion of expertise and authority. How do you know whom to trust? Who has the right answers? How might we go about finding out these things? We continue to look at these questions in several arenas: scholars, scholarship, and schools. Interesting sidelights abound, as usual, and a Friendly detour finds an unusual consensus in the “who’s the best” category.
Show Notes:
Episode 34: Sabermetrics for Lawyers
August 25, 2021
A SCOTUS case from the last term generates a citation for Akhil, and in turn, an episode that ranges from the 4th amendment to baseball.
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What do Willie Mays and Laurence Tribe have in common? Andy and Akhil start with an Amar citation from Clarence Thomas in a case last term and branch off into a discussion of scholars’ rankings, the fourth amendment, legal realism, scholarship and schools, books vs. articles, and a dizzying array of other topics. This potpourri launches a series on the inside of the academic world as well as a look at the recently concluded SCOTUS term.
Show Notes:
Episode 33: Confirmation Cacophony
August 18, 2021
As we conclude our series on the sitting Supreme Court justices, a look back at some tumultuous confirmation hearings in light of those justices’ first years on the court proves interesting.
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We return to our look at all the sitting Supreme Court justices with the final two – Justices Kavanaugh and Gorsuch. This necessarily involves revisiting the confirmation process, particularly in the case of Justice Kavanaugh, where Professor Amar played a role in print and in the witness chair. How have the first years of his tenure, along with Justice Barrett’s, played out in light of some of the events of those confirmations? The early returns are fascinating.