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Digging a Hole: The Legal Theory Podcast

Digging a Hole Podcast
Legal Theory
Neoliberalism
Constitutional Interpretation
Constitutional Law
Abundance
Housing Policy
Originalism
Economic Growth
Innovation
Democracy
History
Memory
Good Governing
The Adjudicative State
Police Power
US Supreme Court
State Constitutions
Environmental Policy
Regulatory Authority
Political Science

Yale Law School professors Samuel Moyn and David Schleicher interview legal scholars and dig into the debates heard inside law school halls.

PublishesMonthlyEpisodes80Founded6 years ago
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Artwork for Digging a Hole: The Legal Theory Podcast

Latest Episodes

Things are looking up, dear listeners. The semester is over, summer is nearly here, and David’s beloved Knicks are up 2-0 in the NBA Finals.

In this week’s episode, we take a step back and do some introspection. Here to discuss whether you should t... more

As gas reaches stratospheric prices and the cost of living continues to climb, war seems to be on everyone’s mind these days. What better time, then, to be joined by Lawrence Douglas, the James J. Grosfeld Professor of Law, Jurisprudence and Social T... more

Now that classes are over and the end of the semester is near, we’re back for several weeks of podcastmaxxing. So stay tuned for some great episodes in the coming weeks, dear listeners!

Here to help us understand our current political moment and to... more

Spring has sprung, dear listeners. Now that this dreadfully cold winter seems to be behind us, our power bills might finally come back down to Earth. Here to explain why your electricity bill is so expensive – and what to do about it – is Joshua Mace... more

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Recent Guests

Anton Jäger
Lecturer in politics at the University of Oxford; frequent contributor on European politics to the New York Times
University of Oxford
Episode: Anton Jäger
Josh Macey
Colleague of the hosts, energy regulation scholar
Yale Law School
Episode: Joshua Macey
Tara Leigh Grove
Vinson Elkins Chair in Law at the University of Texas; expert on statutory and constitutional interpretation; former Presidential Commission on the Supreme Court
University of Texas at Austin
Episode: Tara Leigh Grove
Jerusalem Demsas
Journalist and contributor to The Argument.
The Argument
Episode: Jerusalem Demsas
Natasha Piano
Political theorist at the University of California, Los Angeles
UCLA
Episode: Natasha Piano
John Fabian Witt
Professor of Law at Yale and author of 'The Radical Fund', exploring the Garland Fund's historical impacts.
Yale Law School
Episode: John Witt
Bob Bauer
Exceptional lawyer with a storied career, former White House counsel, and co-chair of the Commission on the Supreme Court.
NYU
Episode: Bob Bauer
Richard Primus
Theodore J. St. Antoine Collegiate Professor of Law at the University of Michigan, distinguished scholar in Constitutional Law
University of Michigan
Episode: Richard Primus
Frances Lee
Professor of Politics and Public Affairs, co-author of the book "In Covid's Wake"
Princeton University
Episode: Frances Lee and Stephen Macedo

Hosts

David Schleicher
Host with Yale Law School affiliation; co-host focusing on legal theory and institutional analysis.
Samuel Moyn
Co-host; Yale Law School professor with focus on political theory, history of liberalism, and constitutional law.

Reviews

4.6 out of 5 stars from 114 ratings
  • It's ok

    Podcast Addict
    4
    Skeen
    3 years ago
  • Great podcast

    This is my favorite podcast. It’s more intellectually stimulating than any I’ve discovered, but is constantly focused on real world important policy debates and never abstract or irrelevant theory. As a non-lawyer, it’s challenging at times, but I always feel like I walk away with new understanding and ideas.

    Apple Podcasts
    5
    pmitchadactyl
    Sweden4 years ago
  • Bravo!

    Fabulous and fascinating interviews! Thank you for making this! Looking forward to listening to more in 2021. 🙂

    Apple Podcasts
    5
    Viveca1
    United States5 years ago
  • Thank you Sam!

    A delight and a wonderful service during the coronavirus exile

    Apple Podcasts
    5
    imnotcreativeenuff4thizshiz
    United States6 years ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

A delightful and valuable resource during the pandemic, offering thoughtful analysis.
Great podcast with intellectually stimulating interviews that connect theory to real-world policy debates.
Fabulous and fascinating interviews; the show delivers deep insights with practical relevance.

Chart Rankings

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Talking Points

Recent interactions between the hosts and their guests.

Joshua Macey
Q: What is Josh Macey's core claim about the economics of utility regulation?
Rate regulation converts shareholders into fixed claimants, limiting their ability to profit from new innovations and thereby dampening incentives to pursue costly, transformative technologies.
Tara Leigh Grove
Q: What would be the political implications if Congress or the Court tried to impose broad interpretive rules?
The discussion suggests Congress could, in theory, enact interpretive rules, but there are strong political and structural barriers, including separations of powers and judicial independence concerns, making broad, sweeping mandates unlikely or undesirable.
Tara Leigh Grove
Q: Can the Supreme Court actually imose methods on lower courts or itself without overreaching Article III constraints?
The author argues that while the Court can guide interpretive methods in certain contexts, its power is bounded; it cannot universally impose one method for all cases, and practical limits arise from the case-or-controversy structure and the need for a stable, hierarchical system.
Bob Bauer
Q: What do you think about the court's output during this period?
The court's decisions reflect a complex interplay of constitutional theory and unprecedented executive actions, where strategic case selection by the administration also plays a role in what comes before the court.
Bob Bauer
Q: Have you been surprised by how the judiciary has performed to date?
No, I am not surprised by the lower courts' reversals of the administration's cases, but I am critical of the Supreme Court's performance in some instances, as they appear uncertain in how to address the unprecedented challenges presented by Trump's presidency.

Audience Metrics

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Frequently Asked Questions About Digging a Hole: The Legal Theory Podcast

What is Digging a Hole: The Legal Theory Podcast about and what kind of topics does it cover?

A rigorous, dialogue-driven series in legal and political theory that pairs Yale Law School professors with prominent legal scholars and policy thinkers to dissect how courts, constitutions, and institutions shape governance. Episodes frequently center on interpretive method, constitutional design, civil rights history, energy and regulatory policy, and the evolving balance between federal power and state or local action. Notable by its income of historical depth and cross-disciplinary perspectives, the show blends scholarly rigor with timely debates on democracy, legality, and public policy, offering nuanced takes that appeal to listeners who value careful analysis and long-form discussion. A distinctive thread is the way guests and hosts ... more

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Which podcasts are similar to Digging a Hole: The Legal Theory Podcast?

These podcasts share a similar audience with Digging a Hole: The Legal Theory Podcast:

1. Divided Argument
2. The Argument
3. Interesting Times with Ross Douthat
4. Amarica's Constitution
5. The Ezra Klein Show

How many episodes of Digging a Hole: The Legal Theory Podcast are there?

Digging a Hole: The Legal Theory Podcast launched 6 years ago and published 80 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on Digging a Hole: The Legal Theory Podcast?

Recent guests on Digging a Hole: The Legal Theory Podcast include:

1. Anton Jäger
2. Josh Macey
3. Tara Leigh Grove
4. Jerusalem Demsas
5. Natasha Piano
6. John Fabian Witt
7. Bob Bauer
8. Richard Primus

To view more recent guests and their details, simply upgrade your Rephonic account. You'll also get access to a typical guest profile to help you decide if the show is worth pitching.

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