Litigants in our adversarial system must raise their best arguments or the court will find that the argument has been “waived” (or more precisely, “forfeited”). But what should courts do if an agency or a private party fails to raise Chevron deference during litigation about the lawfulness of agency action? In a forthcoming essay in… Continue reading Waiving Administrative Deference, by Jamie Durling & E. Garrett West
Briefly 2.5 – 911 Nuisances and Victims of Domestic Violence
https://soundcloud.com/uchilrev/25-911-nuisances-and-victims-of-domestic-violence Traditional nuisance ordinances are environmental regulations that prohibit things like piling trash in a yard or making loud noises at night. But some ordinances prohibit frequent 911 calls and allow the city to fine the property owner when 911 is called too many times to a certain property. These laws have dire consequences for… Continue reading Briefly 2.5 – 911 Nuisances and Victims of Domestic Violence
Briefly 2.4 – Qualified Immunity
https://soundcloud.com/uchilrev/24-qualified-immunity Today on Briefly we explore the controversial doctrine of "qualified immunity," a constitutional law doctrine that prevents executive officials like police from being brought into court for alleged constitutional violations, including acts of violence. Where does the immunity come from? Why does it exist? Is it to protect government officers from their deeds?… Continue reading Briefly 2.4 – Qualified Immunity
Briefly 2.3 – The Opioid Crisis – Part II
https://soundcloud.com/uchilrev/23-the-opioid-crisis-part-2 This week on Briefly we continue our discussion of the Opioid Crisis. This show is part two of a two-part episode. We discuss opioid litigation and its role in the overall policy response to the Crisis. Our guests this episode are Keith Humphreys, Esther Ting Memorial Professor of Psychiatry and Behavioral Sciences at Stanford… Continue reading Briefly 2.3 – The Opioid Crisis – Part II
Briefly 2.2 – The Opioid Crisis – Part I
https://soundcloud.com/uchilrev/the-opioid-crisis-part-i This week on Briefly we discuss the ways the law can and does address the Opioid Crisis. The Crisis has claimed myriad lives and devastated communities and families across America. This show will be part of a two-part episode. In Part I we discuss local government responses to the crisis and focus on drug… Continue reading Briefly 2.2 – The Opioid Crisis – Part I
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Briefly 2.1 – Amazon and Antitrust
https://soundcloud.com/uchilrev/21-amazon-and-antitrust Welcome to a new season of Briefly! On today's show, we discuss Amazon's rapid rise and the pressure the internet retailer is putting on traditional antitrust law. Our guests include Geoffrey Manne of the International Center for Law and Economics and Lina Khan of the Open Market Institute. This episode was produced by Yosef… Continue reading Briefly 2.1 – Amazon and Antitrust
