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First Amendment
Fourth Amendment
Judicial Engagement
Voting Rights Act
Eighth Circuit
Erma Wilson
U.S. Supreme Court
Coal Mining
California Proposition 65
Excessive Force
Midland County, Texas
Qualified Immunity
Legal History
Grammatical Structure
Black Lung Disease
Tiktok
Sovereign Immunity
Glyphosate
United States V. Mccall
Drones

The Supreme Court decides a few dozen cases every year; federal appellate courts decide thousands. So if you love constitutional law, the circuit courts are where it’s at. Join us as we break down some of the week’s most intriguing appellate decisions with a unique brand of insight, wit, and passion for judicial engagement and the rule of law. ij.org/short-circuit

PublishesWeeklyEpisodes301Founded17 years ago
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Artwork for Short Circuit

Latest Episodes

Getting a jury is one of the most venerated constitutional rights Americans have. But if you’re before the Securities and Exchange Commission there’s been no veneration. Until now, as a recent Supreme Court case Jarkesy v. SEC has knocked the SEC bac... more

The Institute for Justice is once again taking a close look at civil forfeiture. One of IJ’s leaders in our civil forfeiture work, Dan Alban, joins us to outline our new report Policing for Profit 4. Some listeners may be familiar with previous editi... more

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When the police ask you for an I.D., when do you have to hand it over? That depends on a lot of facts and a lot of law, including whether a state has a statute allowing an officer to make you hand the I.D. over. Mike Greenberg of IJ reports on a ruli... more

With a baker’s dozen of circuits it’s hard to pick a favorite. Or is it? We sit down with three lawyers and scholars to ask what their favorite circuit is and why. Ben Field of IJ gives us his choice and we also bring on professors Tom Metzloff of Du... more

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Recent Guests

Dan Alban
Civil Forfeiture Project Leader
Institute for Justice
Episode: Short Circuit 423 | Civil Forfeiture Flowcharts
Betsy Sanz
Institute for Justice colleague, discussing Sixth Circuit cases
Institute for Justice
Episode: Short Circuit 422 | My Name is Pastor Jennings
Mike Greenberg
Institute for Justice colleague, narrating the Alabama case and underlying jurisprudence
Institute for Justice
Episode: Short Circuit 422 | My Name is Pastor Jennings
Ben Field
Colleague of the host, discusses his favorite circuit
(not explicitly stated)
Episode: Short Circuit 421 | What’s Your Favorite Circuit?
Thomas Metzloff
Professor emeritus, Duke University School of Law
Duke University School of Law
Episode: Short Circuit 421 | What’s Your Favorite Circuit?
Dawn Chutkow
Professor, Cornell Law School
Cornell Law School
Episode: Short Circuit 421 | What’s Your Favorite Circuit?
John Korevec
Attorney presenting the FTCA discussion
Institute for Justice
Episode: Short Circuit 420 | A Lease for the Girlfriend
Sam MacRoberts
General Counsel and Litigation Director for the Kansas Justice Institute
Kansas Justice Institute
Episode: Short Circuit 419 | Inspecting Your Business
Rob Frommer
Institute for Justice attorney/author discussing the Fourth Amendment case involving a dog sniff
Institute for Justice
Episode: Short Circuit 418 | ICE Detention and Booze-Sniffing Dogs

Host

Anthony Sanders
Host and Director of the Center for Judicial Engagement at the Institute for Justice, providing insights into key judicial matters with a focus on constitutional interpretation and civil rights.

Reviews

4.7 out of 5 stars from 221 ratings
  • Very hit or miss

    Some of the people they have on are brilliant, some not so much. Theme music is bangin though

    Apple Podcasts
    1
    Lennygetsome
    United States2 years ago
  • Almost perfect

    If only they didn’t regard corporate speech so highly….

    Apple Podcasts
    4
    ahdnchfjrjr
    United States2 years ago
  • A bit of an Echo Chamber

    The podcasts are hit and miss. There are some really good, informative podcasts with some great legal analysis. But, there are others that sound like a cheap plaintiff’s attorney commercial, all bluster and no logical analysis, especially when talking about law enforcement. IJ could really use some diversity in their ranks. Right now it’s an echo chamber.

    Apple Podcasts
    2
    SamoanPower
    United States2 years ago
  • Not what it once was

    The show has gotten sillier and duller. Emphasis on court activities has been replaced by emphasis on lawyers, and lawyers are a bore. If you care how “en banc” is pronounced, this is the show for you. I prefer knowing what is happening with the law.(And in the months since I wrote this it has gotten worse. Lawyers talking about and celebrating lawyers. Yuk.) Frankly, it’s sickening to hear IJ lawyers defending the War on Drugs. Lockeans they are not.

    Apple Podcasts
    1
    nicmart
    United States2 years ago
  • Often ill-informed hot takes

    I used to think this podcast provided some useful insights into areas of the law that I wasn’t familiar with. But then they started talking about areas of the law I was familiar with, and it wasn’t even slanted commentary—it was flat out wrong or, at best, half truths. This is particularly prevalent in the podcast’s “unpublished opinions” series. I don’t know where they found the people for the commentary in those episodes, but as someone who practices in some of the jurisdictions they discuss, ... more

    Apple Podcasts
    1
    Lennygetsome
    United States3 years ago

Listeners Say

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

Feedback indicates a desire for a wider range of perspectives, with some concerns that discussions may appear one-sided or echo chamber-like.
Listeners appreciate the insightful analysis of legal cases and updates but note that quality can vary between episodes.
Many find the content informative and engaging, particularly for those interested in nuanced legal discussions and constitutional law.

Chart Rankings

How this podcast ranks in the Apple Podcasts, Spotify and YouTube charts.

Talking Points

Recent interactions between the hosts and their guests.

Short Circuit 420 | A Lease for the Girlfriend
Q: How does the FTCA handle the intentional torts exception, and what did the Eleventh Circuit decide in the Doe case regarding liability for daycare employees?
The FTCA waives sovereign immunity for certain government actions but includes a narrow list of torts that are not actionable, with an exception that limits claims involving intentional torts. In the Doe case, the Eleventh Circuit held that the intentional torts exception did not bar a negligence-based claim arising from the daycare center's supervision standards, meaning the government could still face liability for negligent supervision despite the intentional acts by childcare workers.
Short Circuit 420 | A Lease for the Girlfriend
Q: What was the key legal principle that led the Fourth Circuit to suppress the forfeiture of the cash and conclude the leasehold rights protected the girlfriend as a leaseholder?
The court recognized a formal lease agreement and the girlfriend's property rights in the Teal Drive location, which meant search without a warrant or consent wasn't simply allowed because the probationer was present or because of occupancy relations. The lease created independent occupancy rights that the government could not disregard, leading to suppression and return of the seized funds.
Short Circuit 418 | ICE Detention and Booze-Sniffing Dogs
Q: Is there concern that this ruling will be mooted or limited when it goes up on appeal, and how does that affect its impact?
There is some uncertainty about appellate trajectory, but the episode frames the district court's reasoning as a strong, principles-based statement that could influence subsequent decisions even if the case evolves on appeal.
Short Circuit 418 | ICE Detention and Booze-Sniffing Dogs
Q: What does the panel see as the main constitutional threat posed by masked, interior enforcement in immigration cases?
The panel argues that masked agents and interior enforcement undermine accountability, violate the Fourth Amendment's protections on wrongdoing without warrants, and risk the essential balance between state power and individual rights.
Short Circuit 417 | Settling with Spicy Chicken
Q: What made the Seventh Circuit decide there was no settlement in Carina Ventures v. Pilgrim's Pride?
The court looked at whether all material terms of the agreement were actually agreed upon. The email exchange was not enough to establish a final settlement; the panel emphasized the need for a complete term sheet and clarity on distribution, which was missing.

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Frequently Asked Questions About Short Circuit

What is Short Circuit about and what kind of topics does it cover?

Content centers around recent legal developments within the federal appellate courts, emphasizing constitutional law and individual rights. Episodes typically discuss significant cases, approach them with commentary that blends analysis with personal experiences, and feature legal experts who provide insights into complex judicial principles. A notable highlight is the focus on civil rights issues, government overreach, and the implications of different interpretations of constitutional provisions. This podcast appeals to listeners interested in the intricacies of the legal system and its impact on freedoms in various contexts.

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Which podcasts are similar to Short Circuit?

These podcasts share a similar audience with Short Circuit:

1. Unpublished Opinions
2. Beyond the Brief
3. Divided Argument
4. Advisory Opinions
5. Amarica's Constitution

How many episodes of Short Circuit are there?

Short Circuit launched 17 years ago and published 301 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 Short Circuit?

Recent guests on Short Circuit include:

1. Dan Alban
2. Betsy Sanz
3. Mike Greenberg
4. Ben Field
5. Thomas Metzloff
6. Dawn Chutkow
7. John Korevec
8. Sam MacRoberts

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