What on earth is the Supreme Court’s “shadow docket”? Steve Vladeck (U. Texas Law) and Kate Shaw (Cardozo Law) join host Deb Malamud to explain the Court’s unusual—and controversial—way of resolving some of our nation’s most pressing legal controversies. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com https://soundcloud.com/uchilrev/the-shadow-docket
The COVID-19 pandemic has brought longstanding public pension crises to a boiling point. Defaults would be catastrophic. But what if states could file for bankruptcy, like cities can? Host Matthew Reade and Professor David A. Skeel (U. Penn Law) discuss the promise and pitfalls—constitutional, political, and practical—of states in bankruptcy.
When companies break the law, prosecutors often turn to deferred or non-prosecution agreements to induce reform. But some criticize DPAs and NPAs as an escape hatch for companies to pay their way out of liability. Host Nathan Tschepik discusses DPAs, NPAs, their critics, and their future with Profs. Andrew Boutros (U. Chicago Law) and Brandon Garrett (Duke Law).
Why do people confess to crimes they didn't commit? Host Taiyee Chien and guest Professor Richard A. Leo (U. San Francisco Law) explore this difficult and persistent psychological phenomenon—and how the law can address it going forward.
President Obama used his "pen & phone" to transform the immigration laws. President Trump declared an emergency to fund his border wall. Presidential power seems ascendant—or is it? John Yoo and Sai Prakash join host Miriam George to discuss presidential power, its limits, and its future. Guests: Profs. John Yoo (UC Berkeley Law) & Sai Prakash (U. Virginia Law)
Critical race theory and law and economics: A clash of titans, or an emergent alliance? Hosts Adam Hassanein and Deb Malamud ask experts in the field how different these legal frameworks really are—and what they have in common. Guests: William H.J. Hubbard (U. Chicago Law) & Jonathan Feingold (Boston U. Law).
Do you enjoy a reasonable expectation of privacy for pocket dials? The answer might surprise you. Host Deb Malamud chats with several privacy law experts to explore this complex legal question and its implications for how we interact in a tech-centered world. Guests: Lior Strahilevitz (U. Chicago), Margaret Hu (Penn State), and Julian Sanchez (The Cato Institute).
Amid a national conversation about race, affirmative action in universities has become a key issue of contention, with California set to revisit its affirmative action ban this November. Host Taiyee Chien leads a spirited discussion with Adam Mortara and Professor Geoffrey Stone about affirmative action and its future.
Matt Levine of Money Stuff fame joins Briefly to discuss insider trading, stock buybacks, the Fed's extraordinary market interventions, and how everything is securities fraud.
To kick off our fourth season, we dig deep into COVID-19's effect on the courts. Guests: Chief Judge Diane Wood and Judge Michael Scudder of the U.S. Court of Appeals for the Seventh Circuit.