We discuss the morality of concurring and dissenting. And the usual nonsense.

Oral Argument

Episode 217: Except as to Part I(A) Yada Yada

Joe and Christian talk about the pandemic and, then, some nonsense.

Episode 216: Mac-a-tizer

We discuss the march on the Capitol and... all this.

Episode 215: Whirlpool of Garbage

In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and children.

Episode 214: Small Claims

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And other things as well.

Episode 213: Blue Cheese Odyssey

We discuss the Supreme Court's (I know, I know) decision in Roman Catholic Diocese v. Cuomo (https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf).

Episode 212: House of Worship

Episode 211: Practice

Just Joe and Christian on the pandemic, new articles, and spring break. Achieving A Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and Other Federal, State, and Local Leaders from Public Health and Legal Experts in the United States (https://law.yale.edu/sites/default/files/area/center/ghjp/documents/final_covid-19_letter_from_public_health_and_legal_experts.pdf) The President in discussion with pharma execs on a vaccine (https://twitter.com/owillis/status/1234607697540063234)

Episode 210: Exponential

We are joined by our student, Justin Van Orsdol, who has co-authored a paper with Christian about a new approach to the gun violence crisis. Justin Van Orsdol's writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=3096029) Christian Turner and Justin Van Orsdol, The Gun Subsidy (https://ssrn.com/abstract=3537278) Oral Argument 101: Tug of War (https://oralargument.org/101) Special Guest: Justin Van Orsdol.

Episode 209: The Gun Subsidy

We discuss a proposal by Sen. Hawley to abolish, more or less, the Federal Trade Commission, the agency that administers consumer protection and antitrust laws, and place its responsibilities in the Justice Department. Antitrust, the unitary executive, independent agencies, Joe's Competition Commission, and more. Josh Hawley, Overhauling the Federal Trade Commission (https://www.hawley.senate.gov/sites/default/files/2020-02/Hawley-FTC-Overhaul.pdf) Mike Masnick, William Barr's Move to Rid the DOJ of Independence Shows One of Many Reasons Josh Hawley's FTC Plan Is Dangerous (https://www.techdirt.com/articles/20200212/16015343912/william-barrs-move-to-rid-doj-independence-shows-one-many-reasons-josh-hawleys-ftc-plan-is-dangerous.shtml)

Episode 208: Competition Corner

Sometimes in law, as in other areas of life, we think we know something, but the more we think about, the more we realize we don't know it at all. Legal scholars have focused on puzzles like this before, like why blackmail should be illegal. Deborah Hellman joins us to discuss her attempt to answer a question you might not have known you had: What is wrong with bribery, and what is bribery anyway? The difficulties here shed some light on recent events. Deborah Hellman's faculty profile and writing (https://www.law.virginia.edu/faculty/profile/dh9ev/2299809) Deborah Hellman, A Theory of Bribery (https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2828840) [Oral Argument 206: What Are We?][ep206] [ep206]: https://oralargument.org/206 Special Guest: Deborah Hellman.

Episode 207: Bribery

Joe and Christian discuss Christian's latest paper, on the way we define and separate markets, including European football, campaign finance, surrogate motherhood, and water bottles in disaster zones. Christian Turner, The Segregation of Markets (SSRN) (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3342629) (SocArXiv) (https://osf.io/preprints/socarxiv/5ehmy/)

Episode 206: What Are We?

Christian calls Joe out of the blue to celebrate our sixth anniversary and to talk about heroes.

Episode 205: iBonus

We discuss new calls to integrate church and state. The conversation ranges over liberalism, religion, religious zeal, and, obviously, some nonsense. Micah Schwartzman and Jocelyn Wilson, The Unreasonableness of Catholic Integralism (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3436376) Adrian Vermeule, Integration from Within (https://americanaffairsjournal.org/2018/02/integration-from-within/) Christina Deardurff, "The Depths of the Church Are Not to Be Disturbed": An interview with Adrian Vermeule (https://mirrorofjustice.blogs.com/files/vermeule-article.pdf)

Episode 204: Theocracy

On immaturity, defensiveness, art, the intellect, models, and the self. And mailbag on scholarship and practice, Title VII, and Star Trek. It's Joe's birthday.

Episode 203: Fifty-Four

A podcast about law, law school, legal theory, and other nerdy things that interest us.

hubhopper

Oral Argument

hubhopper