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Short Circuit

Short Circuit

By: Institute for Justice
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 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. http://ij.org/short-circuit© Institute for Justice Political Science Politics & Government
Episodes
  • Short Circuit 407 | Master Thespians

    Short Circuit 407 | Master Thespians
    Dec 19 2025
    Starting with a few lines from Shakespeare’s As You Like It, we are joined by two gentlemen of the stage, James Joseph, the first Assistant Director for IJ’s clinic at the University of Chicago, and Bob McNamara, IJ’s Deputy Director of Litigation. Both have theater backgrounds and both discuss how the skills you learn in theater play into being a good lawyer. It’s not just gesticulating to the jury, explains James, it’s also understanding how people act, how they respond to subtle clues, and most of all how to tell a story. Then we head off to the Third Circuit for two cases. James reports on a challenge to New Jersey’s restriction of assisted suicide to residents and how the law did when put up against the Privileges and Immunities Clause. Then Bob tells us of a wild story of extortion—or was it?—where federal prosecutors applied the Computer Fraud and Abuse Act to someone who tried to help a friend get some ransom cash from a former employer. Apply to be a summer fellow at IJ here! Bryman v. Murphy U.S. v. Eddings Abigail Alliance v. von Eschenbach Recent other episode on CFAA As You Like It
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    47 mins
  • Short Circuit 406 | Forfeiture Oopsies

    Short Circuit 406 | Forfeiture Oopsies
    Dec 12 2025
    The U.S. government seized over $600,000 from a business, tried to forfeit the money, never filed criminal charges against anyone, and then three years later said “nevermind!” and dismissed the case and gave the money back. At the same time, the business was trying to find out what was in the original warrant applications for the seizure. Is the case over, or can the business keep working to see what the secret documents say? Dan Alban of IJ gives us the scoop in this case from the Sixth Circuit. Then, IJ’s McCarley Maddock tells us about the latest NCAA antitrust drama. A college football player transferred around to a few different schools and along the way played a year at a junior college. The problem for him was that year counted against his eligibility. But is that rule an antitrust violation? The Third Circuit says that, like with the French Revolution, it’s too early to tell. California Palms v. U.S. Elad v. NCAA Short Circuit on baseball and antitrust
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    51 mins
  • Short Circuit 405 | Judges as Employers

    Short Circuit 405 | Judges as Employers
    Dec 5 2025
    What happens if you sue your employer and your boss’s boss is a federal judge? It’s kind of complicated. Aliza Shatzman of the Legal Accountability Project rejoins us to detail a recent Fourth Circuit case where an employee who worked in a federal public defender's office alleged she was sexually harassed and then sued about it. It’s the first case of its kind and gives a window into how employment complaints work within the Article III branch. Aliza also talks about her ongoing work at the Legal Accountability Project and their clerkship database. Then, IJ’s Katrin Marquez tells us a most unpleasant story about a woman who went through TSA screening. The woman then tried to use the Federal Tort Claims Act but the federal government claimed she couldn’t because TSA officers aren’t “law enforcement.” The Eleventh Circuit said “really?” and has now allowed the case to move forward. Strickland v. U.S. Koletas v. U.S. Legal Accountability Project The FTCA and the Military
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    43 mins
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