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Henry Harrison Podcast | Dallas TexasHenry Harrison Podcast | Dallas TexasClark Neily of the Cato Institute Joins Dallas' Henry Harrison on Entrepreneurs, Business & FinanceHenry Harrison's Entrepreneurs, Business & Finance Podcast is a dynamic platform dedicated to empowering entrepreneurs and business enthusiasts with actionable insights, expert advice, and inspiring success stories.Episode: https://henryharrison.com/clark-neily-of-the-cato-institute/Connect with Clark NeilyX: https://x.com/ConLawWarriorLinkedin: https://www.linkedin.com/in/clark-neily-0b27022/Cato Institute Profile: https://www.cato.org/people/clark-neilyEpisode Highlights:Clark Neily's Background: 1. Vice President of Legal Studies at the Cato Institute since 2017. 2. Former litigator at the Institute for Justice (IJ) and...2024-12-1625 mincmdX anDre Articles \cmdX anDre Articles "Law of WE "podcastCan the ATF Regulate Ghost Guns?This week, the Supreme Court heard oral arguments in Garland v. VanDerStok, a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to regulate “ghost guns” under the Gun Control Act. In this episode, Clark Neily of the Cato Institute and Dru Stevenson of the South Texas College of Law join Jeffrey Rosen to recap the oral arguments and debate whether ghost guns—which are untraceable weapons without serial numbers, assembled from components or kits that can be bought online—may be regulated as firearms.   Resources:  Garland v. VanDerStok (oral argument audio via CSPAN; argument transcript)  Dru Stevenso...2024-10-1058 minWe the PeopleWe the PeopleCan the ATF Regulate Ghost Guns?This week, the Supreme Court heard oral arguments in Garland v. VanDerStok, a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to regulate “ghost guns” under the Gun Control Act. In this episode, Clark Neily of the Cato Institute and Dru Stevenson of the South Texas College of Law join Jeffrey Rosen to recap the oral arguments and debate whether ghost guns—which are untraceable weapons without serial numbers, assembled from components or kits that can be bought online—may be regulated as firearms.   Resources:  Garland v. VanDerStok (oral argume...2024-10-1058 minThe Rational EgoistThe Rational EgoistThe Rational Egoist: Examining Qualified Immunity with Clark NeilyThe Rational Egoist: Examining Qualified Immunity with Clark Neily Join host Michael Liebowitz for a compelling episode of The Rational Egoist as he engages in a deep dive discussion with Clark Neily, Senior Vice President for Legal Studies at The Cato Institute, on the topic of qualified immunity. In this illuminating conversation, Michael and Clark explore the legal doctrine of qualified immunity, its origins, implications, and controversies in contemporary jurisprudence. Drawing on his expertise in constitutional law and civil liberties, Clark Neily provides valuable insights into the historical development and practical application of qualified immunity...2024-06-1336 minWords & NumbersWords & NumbersEpisode 378: The One Branch of GovernmentClark Neily joins us again this week. This time, we’re talking about how we have come to muddle the separation of powers among the three branches of government. As Congress has largely fallen asleep at the wheel, the executive branch has come to play the roles of all three branches, all by itself. Foolishness of the Week: 04:46 Main episode: 05:49 Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com See More Ant and James! http://www.wordsandnumbers.org Show Your Support for Words & Numbers at Patreon https://www.pa...2024-05-0847 mincmdX anDre Articles \cmdX anDre Articles "Law of WE "podcastThe Constitutionality of Firearms Bans for Domestic Violence AbusersThis week, the Supreme Court heard oral arguments in a Second Amendment case, United States v. Rahimi. This case asks whether the federal government can ban guns for people subject to domestic-violence restraining orders. In this episode, we break down the arguments in the case and explore the future of the Second Amendment. Clark Neily of the Cato Institute and Pepperdine Law Professor Jacob Charles join Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss.     Resources: United States v. Rahimi, Oral Argument (C-SPAN)  NY State Pistol and Rifle Assn. v Bruen (2021)  Judge Kavanaugh dissent, D.C. v. Hell...2023-11-091h 03We the PeopleWe the PeopleThe Constitutionality of Firearms Bans for Domestic Violence AbusersThis week, the Supreme Court heard oral arguments in a Second Amendment case, United States v. Rahimi. This case asks whether the federal government can ban guns for people subject to domestic-violence restraining orders. In this episode, we break down the arguments in the case and explore the future of the Second Amendment. Clark Neily of the Cato Institute and Pepperdine Law Professor Jacob Charles join Jeffrey Rosen, president and CEO of the National Constitution Center, to discuss.   Resources: United States v. Rahimi, Oral Argument (C-SPAN)  NY State Pistol and Rifle Assn. v Bruen (2021)  Judg...2023-11-091h 03Public DefenselessPublic Defenseless148: Jury Nullification, Conscientious Acquittal, and the Fight To Regain Jury Independence w/Clark Neily Whether you call it Jury Nullification or Conscientious Acquittal, today’s episode is all about the fight to reinvigorate the jury trial and the independence of the jury. Joining Hunter to discuss is Clark Neily, Senior VP for Legal Studies at the CATO Institute. Before America was even a country, the power of a jury to acquit someone of a charge they were legally guilty of because the jury disagree with the law as applied in this case was unquestioned. Over time however, prosecutors and judges pushed for and enabled the gradual erosion of the juries power. Now, more th...2023-08-151h 01Dr. Dan\'s Freedom Forum RadioDr. Dan's Freedom Forum RadioE149: Clark Neily - Due Process:  Protective Wall for Judicial Rights of the Individual (Part 1 of 3) Dr. Dan talks with Clark Neily, Senior Vice President for Legal Studies at the Cato Institute in Washington, D.C.  Neily played a direct legal role in both the District of Columbia v Heller and McDonald v Chicago Supreme Court cases involving the Second Amendment that was decided in favor of protecting individual gun rights.   When our government and judicial system are allowed to unilaterally suspend due process requirements in the Bill of Rights to achieve a political agenda, we are no longer a nation of laws.  We are, in fact, no better than the dictatorships, past and p...2023-01-2321 minDr. Dan\'s Freedom Forum RadioDr. Dan's Freedom Forum RadioE149: Clark Neily - Due Process:  Protective Wall for Judicial Rights of the Individual (Part 2 of 3) Dr. Dan talks with Clark Neily, Senior Vice President for Legal Studies at the Cato Institute in Washington, D.C.  Neily played a direct legal role in both the District of Columbia v Heller and McDonald v Chicago Supreme Court cases involving the Second Amendment that was decided in favor of protecting individual gun rights.   When our government and judicial system are allowed to unilaterally suspend due process requirements in the Bill of Rights to achieve a political agenda, we are no longer a nation of laws.  We are, in fact, no better than the dictatorships, past and p...2023-01-2221 minDr. Dan\'s Freedom Forum RadioDr. Dan's Freedom Forum RadioE149: Clark Neily - Due Process:  Protective Wall for Judicial Rights of the Individual (Part 3 of 3) Dr. Dan talks with Clark Neily, Senior Vice President for Legal Studies at the Cato Institute in Washington, D.C.  Neily played a direct legal role in both the District of Columbia v Heller and McDonald v Chicago Supreme Court cases involving the Second Amendment that was decided in favor of protecting individual gun rights.   When our government and judicial system are allowed to unilaterally suspend due process requirements in the Bill of Rights to achieve a political agenda, we are no longer a nation of laws.  We are, in fact, no better than the dictatorships, past and p...2023-01-2121 minThe Bob Zadek ShowThe Bob Zadek ShowThe Libertarian Dream Team - Ilya SominCommentators across the political spectrum are scrambling for the hottest take on the raid of President Trump’s Mar-a-Lago home, with Jonah Goldberg and Kurt Schlicter taking opposing views. But only the libertarians like Neily are consistent in condemning abuses of government power across the board.If only there was a way to step back from heated partisan debates and the 24-hour news cycle to assess what is fundamentally wrong with our democracy and propose a remedy. Indeed, my wish has been answered in the form of another brilliant thought experiment from the National Constitution Center, which assembled a...2022-08-1452 minCato PodcastCato PodcastThe Supreme Court's Term on Criminal JusticeHow did the Supreme Court's latest term stack up for criminal justice? Jay Schweikert and Clark Neily comment. See acast.com/privacy for privacy and opt-out information.2022-07-1518 minWe the PeopleWe the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy.  Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...2022-07-1456 minWe the PeopleWe the PeopleRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy.  Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of E...2022-07-1456 mincmdX anDre Articles \cmdX anDre Articles "Law of WE "podcastRestoring the Guardrails of DemocracyOn July 6th, the National Constitution Center hosted a panel to present the reports of teams participating in the Center’s Restoring the Guardrails of Democracy project. The project brings together three teams of leading experts— conservative, libertarian, and progressive—to identify institutional, legal, and technological reforms that might address current threats to American democracy.  Team conservative is comprised of Sarah Isgur, Jonah Goldberg, and David French—all of The Dispatch. Team libertarian includes Clark Neily and Walter Olson of the Cato Institute, and Ilya Somin of the Antonin Scalia Law School at George Mason University. Team progressive is comprised of Edward Fole...2022-07-1456 minLive at the National Constitution CenterLive at the National Constitution CenterRestoring the Guardrails of DemocracyAs January 6 hearings proceed on Capitol Hill, join the National Constitution Center for the launch of the Restoring the Guardrails of Democracy team reports. The project brings together three teams of leading experts— libertarian, progressive, and conservative—to identify institutional, legal, and technological reforms that might address current threats to American democracy. Team leaders Edward B. Foley, Sarah Isgur, and Clark Neily discuss their proposals. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates. Read the reports: Sarah Isgur, David French, and Jonah Goldberg, Restoring the Guardrails of Democracy: Team Conservative Edward B. Foley and Franita To...2022-07-1356 minThe Great AntidoteThe Great AntidoteClark Neily on the Supreme Court's New JusticeSend us a textClark Neily, senior vice president of legal studies at the Cato Institute, talks to us about upcoming Supreme Court justice Ketanji Brown Jackson. We explore her unique qualifications and the hopes that this brings, amicus briefs and how they are filed, and her judicial philosophy. Support the showNever miss another AdamSmithWorks update.Follow us on Facebook, Twitter, and Instagram.2022-07-0840 minThe Bob Zadek ShowThe Bob Zadek ShowJudicial Round-Up with Clark NeilyI originally invited Clark Neily to join me to discuss his essay on what libertarians should think about the overturning of Roe v. Wade. Of course, it’s nearly impossible to make everyone happy with a discussion of such a controversial issue. And yet Clark and his co-essayist Jay Schweikert do an excellent job threading the needle on what they call “the hard problem of abortion.” They write:Libertarianism tolerates a wide range of views on the policy question of abortion accessBut the policy question is only the beginning. The Constitutional question is what was taken u...2022-07-0451 minWe the PeopleWe the PeopleWhat the Supreme Court’s Opinion in NYSRPA v. Bruen Means for the Second AmendmentOn Thursday, June 23, the Supreme Court released its opinion in New York State Rifle & Pistol Association v.Bruen. In a 6-3 opinion by Justice Clarence Thomas, the Court held that New York’s law requiring anyone seeking a concealed carry license to demonstrate they had “proper cause” for the license—or a special need for self-defense—violated the Second Amendment rights of law-abiding citizens. The decision expands the Second Amendment right to bear arms to include outside the home. To help us understand the opinion and what it means for gun rights, gun control measures and future reforms and legislation...2022-06-2556 minFree ThoughtsFree ThoughtsA Conversation About Guns (with Clark Neily)Why are gun-targeting policies ineffective and impractical, and what can we do instead to stop gun violence, while still respecting everyone’s rights? Hosted on Acast. See acast.com/privacy for more information.2022-06-1748 minWe the PeopleWe the PeopleHow to Prevent Another January 6As the congressional hearings for the events of January 6, 2021, continue, we’ll hear from The Honorable J. Michael Luttig, formerly of the U.S. Court of Appeals for the Fourth Circuit, as he recounts a story of his historical tweet that contributed to Vice President Mike Pence’s decision to certify the results of the 2020 election, along with his reflections on how to prevent another January 6. He’s then joined by three experts—Ned Foley of The Ohio State University, Sarah Isgur of The Dispatch, and Clark Neily of the Cato Institute—who are each leading a team on a bipartisan p...2022-06-1638 minDissedDissedBONUS: Which Case Should SCOTUS Overturn?In this bonus episode, four guests joined us to make the case for why the Supreme Court should overrule Chevron v. NRDC, Kelo v. City of New London, Wickard v. Filburn, or the Slaughterhouse Cases. Hear the arguments and then YOU decide. Cast your vote in the Twitter poll posted by @CaseyMattox_.Thanks to our guests Daniel Dew, Ilya Somin, Josh Blackman, and Clark Neily. Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod Hosted on Acast. See acast.com/privacy for more information.2022-06-0215 minWe the PeopleWe the PeopleFive Expert Takes on Two Big Issues This TermToday on We the People, we’re sharing a conversation from a private event hosted by the National Constitution Center this week in Coral Gables, Florida, recorded with permission from the speakers.In it, President and CEO Jeffrey Rosen moderates a conversation with five experts about two of the biggest issues before the Supreme Court this term: abortion and guns.Those five experts are: Melissa Murray of NYU Law, Akhil Amar of Yale Law School, Clark Neily of the Cato Institute, Kimberly Atkins Stohr of The Boston Globe, and David French of The Dispatch.Questions or co...2022-05-1937 minCato PodcastCato PodcastSenate Republicans Shocked to Learn about False ConvictionsA few U.S. Senators speaking in opposition to a candidate for a federal judgeship appeared shocked to learn a few facts about false convictions. Clark Neily discusses the nomination of Nina Morrison to serve as a judge in U.S. District Court. See acast.com/privacy for privacy and opt-out information.2022-02-2310 minCato PodcastCato PodcastIn Replacing Breyer, Counterbalance Former ProsecutorsThe next justice to serve on the Supreme Court should buck the long-term trend of successful candidates with experience working mainly on behalf of government. Clark Neily suggests a candidate who worked for the defense. See acast.com/privacy for privacy and opt-out information.2022-01-2909 minDissedDissedWe Are All Originalists NowIn the landmark ruling District of Columbia v. Heller, Justices Antonin Scalia and John Paul Stevens wrote dueling originalist opinions examining the right to keep and bear arms. They both looked to the Second Amendment’s text, history, and tradition to reach … opposite conclusions about its original meaning.Thanks to our guests Paul Clement, David Lat, Clark Neily, and Adam Winkler.Follow us on Twitter @ehslattery @anastasia_esq @pacificlegal #DissedPod Hosted on Acast. See acast.com/privacy for more information.2021-12-2248 minShort CircuitShort CircuitShort Circuit 200 | OriginsIt’s our 200th episode! We’re taking this second century as an excuse to explore where Short Circuit came from and what it’s done, both the podcast and the newsletter. We start things off at the very beginning with Short Circuit’s editor and the podcast’s original host John Ross. Then it’s a blast-from-the-past with Clark Neily and Evan Bernick. We close things off with guest host Paul Sherman and Short Circuit Live host Anya Bidwell. You’ve heard how Spiderman and Batman came to be, but do you know what traumatic event led to Short Circuit...2021-12-1700 minBaylor Law Criminal Law Society PodcastBaylor Law Criminal Law Society PodcastBonus Episode - Debate: Ethics of Plea BargainingIn this special bonus episode, we share the audio from a debate between Clark Neily of the Cato Institute and Professor Richard Alpert on the ethics of plea bargaining.  The debate was co-hosted by the Criminal Law Society and the Federalist Society on November 8, 2021.  2021-11-261h 15Cato PodcastCato PodcastThe Struggle to End Qualified Immunity So FarClark Neily details how qualified immunity came to be and why Americans must end it. See acast.com/privacy for privacy and opt-out information.2021-11-2012 minCato AudioCato AudioNovember 2021Introduction: Caleb O. BrownClark Neily talks to Barry Scheck, Peter Neufeld and Christina Swarns of the Innocence Project on their fight to exonerate the wrongfully convictedAdam Schuster of the Illinois Policy Institute on why public pension reform is important not just for IllinoisMichael Cannon on Health Savings Accounts reforming American health careScott Lincicome on the current availability of rapid take home COVID-19 testsMustafa Akyol on his new book, Why, as a Muslim, I Defend Liberty  Hosted on Acast. See acast.com/privacy for more information.2021-11-011h 06Cato PodcastCato PodcastThe Innocence Project Receives the 2021 Milton Friedman Prize for Advancing LibertyLast week, the Cato Institute gave the Milton Friedman Prize for Advancing Liberty to The Innocence Project for its work exonerating the wrongly convicted and recommending policy change supporting a better criminal justice system. Cato’s Clark Neily sat down with Innocence Project cofounders Barry Scheck and Peter Neufeld and executive director Christina Swarns at a dinner honoring their achievements advancing human liberty. See acast.com/privacy for privacy and opt-out information.2021-10-0732 minCato PodcastCato PodcastCongress Fighting over Qualified ImmunityThe sticking point over policing reform in Congress is qualified immunity, the court-invented doctrine that regularly lets cops off the hook when they violate Americans' rights. Cato’s Clark Neily and Jay Schweikert discuss the negotiations. See acast.com/privacy for privacy and opt-out information.2021-08-2513 minWords & NumbersWords & NumbersEpisode 237: Can the CDC Mandate Moratoriums?The CDC has mandated a moratorium on evictions. Under the CDC’s rules, landlords may not evict renters who haven’t paid their rent. But it is unclear that even Congress would have the constitutional authority to issue such a mandate. How then can the CDC do so? Clark Neily joins us to discuss this interesting question.   Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Topichttps://www.federalregister.gov/d...2021-08-2535 minWords & NumbersWords & NumbersEpisode 230: The Words and Numbers Trio Pt. 2Clark Neily, Rob McDonald, and Howard Baetjer join us for the second part of a free-wheeling conversation on government, history, and economics. Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Quick Hits https://ourworldindata.org/co2-emissions https://www.epa.gov/ghgemissions/overview-greenhouse-gases https://www.showbiz411.com/2021/07/04/what-year-is-it-the-number-1-and-2-albums-on-itunes-are-40-queen-and-50-joni-mitchell-years-old Foolishness of the Week https://www.foxnews.com/sports/nationals-cancel-freedom-fireworks-fourth-of-july-citys-noise-curfew2021-07-0747 minWords & NumbersWords & NumbersEpisode 228: The Words and Numbers Trio Pt. 1Clark Neily, Rob McDonald, and Howard Baetjer join us for the first of a multi-part free-wheeling conversation on government, history, and economics. Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Quick Hits https://www.washingtonpost.com/national-security/aumf-repeal-congress/2021/06/17/1bd1ec70-cf76-11eb-a7f1-52b8870bef7c_story.html https://www.fox5ny.com/news/crypto-currency-confusion-georgia-man-wakes-up-a-trillionaire Foolishness of the Week https://www.dailymail...2021-06-2342 minWords & NumbersWords & NumbersEpisode 228: The Words and Numbers Trio Pt. 1Clark Neily, Rob McDonald, and Howard Baetjer join us for the first of a multi-part free-wheeling conversation on government, history, and economics. Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Quick Hits https://www.washingtonpost.com/national-security/aumf-repeal-congress/2021/06/17/1bd1ec70-cf76-11eb-a7f1-52b8870bef7c_story.html https://www.fox5ny.com/news/crypto-currency-confusion-georgia-man-wakes-up-a-trillionaire Foolishness of the Week https://www.dailymail...2021-06-2342 minCato AudioCato AudioJune 20211) Introduction: Caleb O. Brown 2) Clark Neily, Jay Schweikert, and Ben Cohen on his new book, Above the Law 3) New Mexico House Speaker Brian Egolf on ending qualified immunity in his state 4) Stuart Buck on collecting better criminal justice data 5) Erin Partin on cannabis legalization efforts 6) Mustafa Akyol on blasphemy laws Hosted on Acast. See acast.com/privacy for more information.2021-06-011h 08We the PeopleWe the PeopleThe Second Amendment and Concealed CarryThis week’s episode previews New York State Rifle and Pistol Association Inc. v. Corlett, which could become a major Second Amendment and gun rights case. This lawsuit was brought by two New York state residents who were denied licenses to carry firearms outside of the home, AKA “concealed carry” permits, because they had failed to show "proper cause" to carry a firearm in public for the purpose of self-defense and did not demonstrate a special need for self-defense that distinguished them from the general public. Host Jeffrey Rosen was joined by Adam Winkler, author of Gunfight: The Battle Over the Right to B...2021-05-1458 minDissedDissedThe King Can Do No Wrong42 U.S. Code § 1983, one of our nation’s most important civil rights statutes, offers plaintiffs a way to seek damages against state officials in federal courts. But in Pierson v. Ray, the Supreme Court created a defense under Section 1983, called qualified immunity, even if officials do in fact violate people’s rights. In his dissent, Justice Douglas called the doctrine “a more sophisticated manner of saying ‘The King can do no wrong.’” He was talking about immunity for judges, but his dissent was prescient when it comes to how qualified immunity prevents us from holding police officers accountable today. In thi...2021-05-0544 minUnCommon LawUnCommon Law15. If Qualified Immunity Is Bad Policy, Why Can't We Fix It?In the wake of Derek Chauvin’s conviction in the murder of George Floyd, lawmakers in both parties said they were “cautiously optimistic” that the trial could provide new momentum to overcome the political hurdles that have stymied efforts at policing reform.In a speech before a joint session of Congress on Wednesday, President Joe Biden formally called on lawmakers to resurrect the George Floyd Justice in Policing Act, which among other things, would end the legal practice of granting qualified immunity to police officers. Qualified immunity was considered a relatively obscure legal doctrine known only t...2021-04-3025 minFedSoc ForumsFedSoc ForumsCourthouse Steps Oral Argument Teleforum: Lange v. CaliforniaIn Lange v. California, defendant Arthur Lange challenges the application of the exigent circumstances exception to the warrant requirement of the Fourth Amendment in California state court arguing exigent circumstances should apply only in genuine emergencies – not where the police are in hot pursuit following a misdemeanor traffic violation. Lange argues the evidence supporting his DUI arrest and conviction should be thrown out because it surfaced only after the police followed Lange into his garage following his commission of misdemeanor traffic offenses. California upheld Lange’s conviction favoring a case by case approach to applying the exigent circumstances exception to purs...2021-03-0956 minWords & NumbersWords & NumbersBONUS - Clark Neily Q&AThis week’s bonus episode is a recording of a live Q&A with Clark Neily of the Cato Institute. Get Your Copy of Cooperation and Coercion Now! http://www.cooperationandcoercion.com Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Bonus Interview https://www.cato.org/people/clark-neily Join the Conversation Words & Numbers Backstage https://www.facebook.com/groups/130029457649243/ Let Us Know What You Think mailto:wordsandnumberspodcast@gmail.com Antony Da...2021-02-061h 25The Curious TaskThe Curious TaskClark Neily — How Can America's Policing Problem Be Fixed?Alex Aragona speaks with Clark Neily as he explores the causes of America's policing problems, and policies that may fix them. References 1. “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government” by Clark M. Neily Link: https://www.amazon.ca/Terms-Engagement-Enforce-Constitutions-Government/dp/1594036969  2. “A Libertarian Vision for Criminal Justice” by Clark Neily  Link: https://www.libertarianism.org/essays/libertarian-vision-for-criminal-justice  3. “Sagging Pants and the Long History of ‘Dangerous’ Street Fashion” by Gene Demby  Link: https://www.npr.org/sections/codeswitch/2014/09/11/347143588/sagging-pants-and-the-long-history-of-dangerous-street-fashion  4. “America’s Cri...2021-01-061h 08Cato AudioCato AudioJanuary 20211) Introduction: Caleb O. Brown 2) David Boaz, Clark Neily, and Thomas A. Firey on the good, bad, and ugly of 2020 3) Paul Matzko on fair representation in media 4) Jill Carlson on cryptocurrencies and civil liberties 5) Virginia Postrel on The Fabric of Civilization Hosted on Acast. See acast.com/privacy for more information.2021-01-011h 14Ipse DixitIpse DixitClark Neily on Judicial EngagementIn this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his book, "Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government," which is published by Encounter Books. Neily begins by explaining how judges decided constitutional questions, and how they distinguish between different kinds of constitutional questions. He observes that some constitutional claims get real judicial review, and others get "fake" judicial review, under the "rational basis" test. He argues that the rational basis test is an abdication of judicial responsibility, and that it should be eliminated. Neily is on...2020-12-1443 minRTP\'s Fourth Branch PodcastRTP's Fourth Branch PodcastDeep Dive 150 – Regulating Business in the Age of COVID-19COVID-19 has presented unique challenges for state lawmakers as they attempt to address public health and economic concerns. The crisis has also raised significant questions about whether states should reform existing regulatory regimes, and about the propriety of adding further regulatory burdens during an ongoing pandemic.In this live podcast, Brian Kabateck, Luke Wake, and Clark Neily address vital questions raised by the virus, including how states should balance public health and economic concerns, whether states should change their enforcement priorities during the crisis, and whether this is the right time for states to liberalize economic regulations more...2020-12-1058 minCato Event PodcastCato Event PodcastInjustice for All: How Financial Incentives Corrupted and Can Fix the US Criminal Justice SystemFeaturing the authors Chris W. Surprenant (@CWSurprenant), Director, University of New Orleans Honors Program and University of New Orleans Urban Entrepreneurship & Policy Institute; Jason Brennan, Robert J. and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy, McDonough School of Business, and Professor of Philosophy, Georgetown University; moderated by Clark Neily (@ConLawWarrior), Vice President for Criminal Justice, Cato Institute. See acast.com/privacy for privacy and opt-out information.2020-11-1859 minSphere PodcastSphere PodcastWhat Would Meaningful Police Reform Look Like?Police are supposed to preserve and protect, but problems in policing have begun to dominate the national debate. And what will the resulting policy changes look like? And will these reforms address what is going on? In this episode, Clark Neily, vice president for criminal justice at the Cato Institute; Arthur Rizer, director of criminal justice and civil liberties at R Street; and Rashawn Ray, David M. Rubenstein Fellow – Governance Studies at the Brookings Institution discuss: what would meaningful police reform look like?Watch the EpisodeProject Sphere Hosted on Acast. See acast.com/pr...2020-11-1343 minFed By Ravens MediaFed By Ravens Media11-4-2020 Words & NumbersPublic Defeats and Private Victories Pt. 2 In this second of a two-part series, we continue the conversation with Clark Neily about differences in publicly provided and privately provided goods and services. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/fedbyravens/support2020-11-0500 minFed By Ravens MediaFed By Ravens Media10-28-2020 Words & NumbersPublic Defeats and Private Victories Some goods and services we choose to provide via the government (mail delivery). Some we choose to provide via markets (grocery stores). And some we choose to provide via government and markets working together (road construction), or via them working in competition (education). This week, Clark Neily joins us to compare and contrast publicly provided and privately provided goods and services. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/fedbyravens/support2020-10-2800 minFed By Ravens MediaFed By Ravens Media9-3-2020 Words & NumbersWhat the Supreme Court Got Right We devote plenty of time to discussing things that the government does wrong. This week, we change gears as Clark Neily joins us to discuss things throughout history that the Supreme Court has done right. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/fedbyravens/support2020-09-3044 minSupreme MythsSupreme MythsClark Neily Clark Nelly of CATO joins Supreme Myths to talk about natural law, guns, judicial review, abortion, and our horrific and racist criminal justice system. 2020-09-231h 01Black FrasierBlack FrasierPhoebe, Chris Hayes, & Clark Neily Are Trying to Find HopeYou're not mistaken! You're seeing two guest names because this is a super sized episode of Black Frasier! It's the first one we've ever done and that makes sense because we are dealing with weighty issues such as police brutality, voting, and qualified immunity. First up! Clark and Phoebe break down what exactly is qualified immunity, his journey to becoming a lawyer, and discuss whether the legal system can be reformed. Next, Phoebe chats with Chris about defunding the police, the rise of fascist leadership that's currently happening globally, and voting! Plus, Chris answers some top notch listener questions...2020-09-011h 58Behind Closed DoorsBehind Closed DoorsKeith Wood's Victory in the Michigan Supreme CourtWe talk with juror rights educator Keith Wood about his recent victory in the Michigan Supreme Court, which overturned his false "jury tampering" conviction for sharing FIJA brochures outside the Mecosta County Courthouse. Then we hear from Clark Neily of the Cato Institute about how this case unfolded and what are its implications for future juror rights outreach. Learn more: Keith Wood case file on the FIJA website Cato Institute 2020-08-261h 20Cato AudioCato AudioJuly 2020Introduction: Caleb O. BrownClark Neily and Jay Schweikert on kicking Qualified Immunity down the roadWalter Olson on the reality of militarized cops (2014) Fabio Rojas on protest movements that get things done Mustafa Akyol on lessons from Gezi Park protests for AmericansMatthew Feeney explains “What is Section 230?”Emily Chamlee-Wright on what Fall 2020 should look like on college campuses Hosted on Acast. See acast.com/privacy for more information.2020-07-011h 13Channeling AtticusChanneling AtticusQuestioning Qualified Immunity with Clark Neily These are the times that try men's souls. It's incredible what we've seen in the last few weeks concerning law enforcement and its effect on everyday life here in America. One of the centerpieces of most police reform efforts is abolishing a doctrine known as Qualified Immunity. The doctrine of qualified immunity is a judicially created immunity shield that shields law enforcement, and government actors from wrongdoing. The victim of a government action in these types of cases has to prove that the government actor or officer violated a constitutional right and that that right was...2020-07-0129 minFed By Ravens MediaFed By Ravens MediaWN-S01E176-The_Supreme_Courts_Qualified_Mishap-FULL_SHOW (1)Clark Neily joins us to discuss policing, the origin and effect of qualified immunity, and what the courts have said about whether police have a duty to protect citizens. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/fedbyravens/support2020-06-2433 minKibbe on LibertyKibbe on LibertyEp 73 | The Criminal Justice System Is Rotten to the Core | Guest: Clark NeilyMatt Kibbe sits down with Clark Neily, vice president for criminal justice at the Cato Institute, to discuss a few of the many problems with America’s criminal justice system. Neily addresses overcriminalization, asset forfeiture, qualified immunity, and the disturbing fact that so many Americans are harassed, bullied, and coerced into giving up their constitutional right to a trial by jury.2020-06-241h 00Explain It to MeExplain It to MeThe legal doctrine that protects brutal policingCato's Clark Neily joins Jane to discuss Qualified Immunity - where is came from, why it exists, and what's being done to eliminate it. Clark details how the Supreme Court invented the civil doctrine to protect public workers from personal liability, and details hows it's being used to cloak police officers from being held accountable for unlawful practices.*This interview was recorded on Monday, June 15th 2020Relevant cases:Amy Corbitt, Petitioner v. Michael Vickers, United States Court of Appeals for the Eleventh CircuitJessop v. City of Fresno...2020-06-1944 minRace, Violence & MedicineRace, Violence & MedicineQualified Immunity & The Murder of George Floyd w/ Clark NeilyClark Neily, the Vice President for Criminal Justice at the Cato Institute, explains why qualified immunity "Is the cornerstone for our near-zero accountability policy for law enforcement." --- Send in a voice message: https://podcasters.spotify.com/pod/show/brianwilliamsmd/message2020-06-1316 minAn Unprecedented Opportunity to Revisit Unqualified ImmunityCivil Liability is the Remedy for Police Brutality, says “Constitutional Law Warrior” Clark Neily, Jr.2020-06-1000 minThe Great AntidoteThe Great AntidoteClark Neily on Police Abuse and What to do About ItSend us a textIn this special episode, Clark Neily, vice president for criminal justice at Cato Institute, talks to us about recent police abuse  events, how we got here, and what to do about it.Support the showNever miss another AdamSmithWorks update.Follow us on Facebook, Twitter, and Instagram.2020-06-0434 minCato AudioCato AudioJune 20201.Introduction: Caleb O. Brown2. Clark Neily and Jay Schweikert with Caleb O. Brown on qualified immunity at the Supreme Court 3.  Terence Kealey with Caleb O. Brown on the role of science in a pandemic 4. Jeffrey A. Singer with Caleb O. Brown on the right to test for COVID-19 5. Christopher A. Preble with Caleb O. Brown on threat perception post-pandemic 6. Jonathan H. Adler on Marijuana Federalism 7. John Cochrane on the economics of pandemic lockdowns  Hosted on Acast. See acast.com/privacy for more information.2020-06-0156 minWords & NumbersWords & NumbersEpisode 165: Constitutional CrisisIn response to the virus, state and city governments are exercising powers that they wouldn’t have in normal times. State and local governments are ordering businesses to close, restricting people’s right to travel, and talking about legally suspending rent and debt payments. This week, Clark Neily joins us to discuss the black, white, and gray constitutional areas of governmental powers in times of crisis. Get Your Copy of Cooperation and Coercion Now! https://isi.org/cooperation-and-coercion-preorder/ Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers 2020-04-0828 minWords & NumbersWords & NumbersEpisode 165: Constitutional CrisisIn response to the virus, state and city governments are exercising powers that they wouldn’t have in normal times. State and local governments are ordering businesses to close, restricting people’s right to travel, and talking about legally suspending rent and debt payments. This week, Clark Neily joins us to discuss the black, white, and gray constitutional areas of governmental powers in times of crisis. Get Your Copy of Cooperation and Coercion Now! https://isi.org/cooperation-and-coercion-preorder/ Show Your Support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers 2020-04-0828 minFedSoc ForumsFedSoc ForumsJudicial Engagement and Rational Basis ReviewIs rational basis review the appropriate approach consistent with constitutional text, history, and good public policy, or is it an abdication of judicial responsibility?Advocates for greater judicial engagement argue that courts have a constitutional obligation to apply meaningful judicial review to infringement of unenumerated “nonfundamental” rights. Judicial abdication of that responsibility, they argue, permits special interests to interfere with competition, innovation, and economic liberty.Defenders of rational basis review maintain that judges are ill-equipped to second-guess the policy judgments of elected lawmakers, and that absent a clear violation of a constitutional protection, such determinations are better left to t...2020-03-1250 minWords & NumbersWords & NumbersEpisode 161: Why Is It So Hard to Sue the Police?When a person harms another, the harmed party can go to the courts to seek redress. But the Supreme Court sets police and prosecutors above the law. If someone who works in these professions harms you, you will likely be prohibited from suing the person. This week on Words & Numbers, Clark Neily joins us to discuss the ramifications of immunity protections. Show your support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Get your copy of Cooperation and Coercion now! https://isi.org/cooperation-and-coercion-preorder/ Quick Hits 2020-03-1135 minWords & NumbersWords & NumbersEpisode 161: Why Is It So Hard to Sue the Police?When a person harms another, the harmed party can go to the courts to seek redress. But the Supreme Court sets police and prosecutors above the law. If someone who works in these professions harms you, you will likely be prohibited from suing the person. This week on Words & Numbers, Clark Neily joins us to discuss the ramifications of immunity protections. Show your support for Words & Numbers at Patreon https://www.patreon.com/wordsandnumbers Get your copy of Cooperation and Coercion now! https://isi.org/cooperation-and-coercion-preorder/ Quick Hits 2020-03-1135 minWe the PeopleWe the PeopleIs There a Constitutional Right to Transport a Gun?On Monday, the Supreme Court heard the case New York Rifle and Pistol Association v. the City of New York which centers around a New York City gun regulation prohibiting residents from taking their guns to second homes and shooting ranges outside the city. After New York’s NRA affiliate and some gun-owning residents challenged the regulation, New York changed it – raising the question of whether this case is now “moot.” Explaining the “mootness” issue and diving into the legal and practical implications of the case – Second Amendment experts Darrell Miller of the Duke Center for Firearms Law and Clark Neily of...2019-12-0557 minIpse DixitIpse DixitClark Neily on Criminal Justice ReformIn this episode, Clark Neily, Vice President for Criminal Justice at the Cato Institute, discusses his article "Jury Empowerment as an Antidote to Coercive Plea Bargaining," which is published in the Federal Sentencing Reporter, as well as his other work on criminal justice reform. Neily begins by explaining how and why prosecutors abuse plea bargaining in order to obtain guilty pleas, including from innocent people. He reflects on the history of criminal justice in the United States, the introduction of plea bargaining, and how it changed criminal justice for the worse. And he observes that "conscientious acquittal" by juries...2019-11-2641 minThe PursuitThe PursuitPressured to Plead GuiltyIn 2018, just under 3% of all federal sentences were the outcome of a jury trial. An overwhelming amount were the consequence of plea deal. Does the current system of deals and agreements make us safer?Mentions:Throughout this episode Landry Ayres talked with; Clark Neily, Kevin Ring, Molly Gill, and Lucian DervanMusic by Cellophane SamImage Credit: https://fordlawokc.com/plea-bargains-explained/ Hosted on Acast. See acast.com/privacy for more information.2019-11-1931 minRace, Violence & MedicineRace, Violence & MedicineSex Offenders, SCOTUS, and the Separation of Powers w/ Clark NeilyWhat does a Supreme Case about the Sex Offender and Notication Act (SORNA) have to do with the separation of powers detailed in the US Constitution? Clark Neily, Vice President of Criminal Justice at the Cato Institute in Washington DC. explains how SCOTUS is at the center of changing how legislative policy is made and executed in America. And I invite you to connect with me at BrianWilliamsMD.com. --- Send in a voice message: https://podcasters.spotify.com/pod/show/brianwilliamsmd/message2019-11-1712 minCato AudioCato AudioNovember 2019November 2019 featuring Jeffrey A. Singer, Clark Neily, Caleb O. Brown, Hon. Thomas Hardiman, Tom Mueller, Frank Dikötter, Rick Scott Hosted on Acast. See acast.com/privacy for more information.2019-11-011h 01Cato AudioCato AudioMarch 2019March 2019 featuring Christopher A. Preble, Caleb O. Brown, Stephen M. Walt, Joseph Bishop-Henchman, Clark Neily, Rep. Adam Smith (D-WA) Hosted on Acast. See acast.com/privacy for more information.2019-03-011h 05We the PeopleWe the PeopleIs the Second Amendment a “Second Class Right”?The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato's Clark Neily, a leading Second Amendment litigator, and Adam Winkler, UCLA Law professor and noted Second Amendment scholar, join host Jeffrey Rosen to discuss Mance and other pending cases and debate whether courts have treated the Second Amendment as a “second class right.” Questions or comments about the show? Email us at p...2019-01-171h 05We the PeopleWe the PeopleIs the Second Amendment a “Second Class Right”?The Supreme Court has not decided a major Second Amendment case since McDonald v. Chicago in 2010, but the Court may break this silence soon if it decides to grant certiorari in Mance v. Whitaker – a challenge to a law prohibiting interstate handgun sales. In this episode, Cato's Clark Neily, a leading Second Amendment litigator, and Adam Winkler, UCLA Law professor and noted Second Amendment scholar, join host Jeffrey Rosen to discuss Mance and other pending cases and debate whether courts have treated the Second Amendment as a “second class right.” Questions or comments about the show? Email us at p...2019-01-171h 03Words & NumbersWords & NumbersEpisode 89: A Raging Dumpster Fire of InjusticeCanada recently legalized the possession and use of marijuana and proposed legislation to pardon those previously convicted of such “crimes.” So, it’s as good a time as any to take a look at how such things are handled in the United States. While, yes, in the majority of states, there is some provision for certain kinds of legal use of marijuana—including full legalization in a few—the fact remains that the plant itself remains completely illegal at the federal level. In aggregate, across the United States, the clearance rate—that is, of criminal cases being considered solved—for violent cr...2018-10-2432 minWords & NumbersWords & NumbersEpisode 89: A Raging Dumpster Fire of InjusticeCanada recently legalized the possession and use of marijuana and proposed legislation to pardon those previously convicted of such “crimes.” So, it’s as good a time as any to take a look at how such things are handled in the United States. While, yes, in the majority of states, there is some provision for certain kinds of legal use of marijuana—including full legalization in a few—the fact remains that the plant itself remains completely illegal at the federal level. In aggregate, across the United States, the clearance rate—that is, of criminal cases being considered solved—for violent cr...2018-10-2432 minFree ThoughtsFree ThoughtsWhy Are Cops Unaccountable? (with Jay Schweikert and Clark Neily)Jay Schweikert and Clark Neily join us for a conversation on law enforcement and accountability. We also discuss qualified immunity and how technology is helping to combat police misconduct.The Problem of Police Misconduct - Free Thoughts Podcast Thin Blue Lies: How Pretextual Stops Undermine Police LegitimacyClark NeilyJay Schweikert Hosted on Acast. See acast.com/privacy for more information.2018-03-0954 minCato Event PodcastCato Event PodcastThe Cato Institute Sponsor e-Briefing: How to Reform the Criminal Justice SystemIs America's criminal justice system broken? If so, what are the best methods for reforming it?Though we have the highest incarceration rate of any major country, it is far from clear that Americans are the world's most criminal people. Instead, it may well be that we have done something with our criminal justice system that Americans have always excelled at, which is to take a complex process—in this case transforming people from presumptively innocent citizens to convicts—and made it very cheap and very efficient. But have we done so at the expense of our stated constitutional commitments?An a...2017-11-1300 minCato Event PodcastCato Event PodcastCriminal Justice at a Crossroads: Keynote and Closing RemarksThe first months of the Trump administration have confirmed that criminal justice will remain a contentious issue for the foreseeable future. Trump's "law and order" rhetoric on the campaign trail has led to significant changes in federal criminal justice policy. At the state and local levels, lawmakers are struggling with the opioid epidemic, overincarceration, and how to work with new federal enforcement goals.In the current environment, how should legislators tackle the most serious and enduring criminal justice issues? What policies should be implemented? What should officials' priorities be? To answer these and other questions, experts from...2017-10-1800 minCato Event PodcastCato Event PodcastCriminal Justice at a Crossroads: Opening Remarks and Panel 1 -- Law Enforcement and the Communities They ServeThe first months of the Trump administration have confirmed that criminal justice will remain a contentious issue for the foreseeable future. Trump's "law and order" rhetoric on the campaign trail has led to significant changes in federal criminal justice policy. At the state and local levels, lawmakers are struggling with the opioid epidemic, overincarceration, and how to work with new federal enforcement goals.In the current environment, how should legislators tackle the most serious and enduring criminal justice issues? What policies should be implemented? What should officials' priorities be? To answer these and other questions, experts from...2017-10-1800 minFederalist Society Event AudioFederalist Society Event AudioThe Role of Economic Liberty in the United States 3-28-2017Administrative Law & Regulation and Telecommunications & Electronic Media Practice GroupsThe Federalist Society hosted a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.   Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy. These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses. They also prevent low and middle-class Americans from moving up the ladder.  Competition and free markets have the power to spur innovation, create new bu...2017-03-301h 01Federalist Society Event AudioFederalist Society Event AudioThe Role of Economic Liberty in the United States 3-28-2017Administrative Law & Regulation and Telecommunications & Electronic Media Practice GroupsThe Federalist Society hosted a lunch and discussion on the role of Economic Liberty in the United States on Tuesday, March 28, 2017.   Today, many job-seeking Americans and companies face significant government barriers that restrict their full participation in the economy. These barriers, often in the form of restrictive regulatory regimes, prevent consumers from using their skills, entering new professions, and starting new businesses. They also prevent low and middle-class Americans from moving up the ladder.  Competition and free markets have the power to spur innovation, cr...2017-03-301h 01Federalist Society Event AudioFederalist Society Event AudioRegulatory Barriers to Innovation 5-17-2016Fourth Annual Executive Branch Review ConferenceAmerican technological innovation has given birth to entire new segments of economic activity. The sharing economy alone has given rise to a new class of entrepreneurs, where web platforms enable companies like AirBnB and Uber to allow the peer-to-peer sharing of houses, cars ... even lawn mowers. Connectivity and big data is driving the Internet of Things revolution, where ideas once only seen in science fiction movies (think self-driving cars) may soon become an everyday reality. And all of these innovations have been made possible thanks to the Internet, which, until recently...2016-05-201h 00Federalist Society Event AudioFederalist Society Event AudioRegulatory Barriers to Innovation 5-17-2016Fourth Annual Executive Branch Review ConferenceAmerican technological innovation has given birth to entire new segments of economic activity. The sharing economy alone has given rise to a new class of entrepreneurs, where web platforms enable companies like AirBnB and Uber to allow the peer-to-peer sharing of houses, cars ... even lawn mowers. Connectivity and big data is driving the Internet of Things revolution, where ideas once only seen in science fiction movies (think self-driving cars) may soon become an everyday reality. And all of these innovations have been made possible thanks to the Internet, which, until recently...2016-05-201h 00Cato AudioCato AudioFebruary 2016February 2016 featuring John Samples, David Keating, Clark Neily, Andrew M. Grossman, Jim Harper, Terence Kealey Hosted on Acast. See acast.com/privacy for more information.2016-02-011h 08Federalist Society Event AudioFederalist Society Event AudioShould Federal Law Enjoy a Presumption of Constitutionality? 6-18-2015Third Annual Executive Branch Review ConferenceDoes the judiciary owe Congress presumptive deference in reviewing and considering challenges to federal statutes?  If so, what standards should courts impose on those making such challenges? The historical practice of such presumptive deference, the canon of constitutional avoidance, has been reflected in decades of judicial decisions upholding much Congressional legislation.  However, some believe that, in light of courts' observance of the canon of constitutional avoidance, Congress correspondingly enacts legislation without taking care that such legislation is actually constitutional. In recent years, Congress is increasingly likely to pas...2015-06-241h 00Federalist Society Event AudioFederalist Society Event AudioShould Federal Law Enjoy a Presumption of Constitutionality? 6-18-2015Third Annual Executive Branch Review ConferenceDoes the judiciary owe Congress presumptive deference in reviewing and considering challenges to federal statutes?  If so, what standards should courts impose on those making such challenges? The historical practice of such presumptive deference, the canon of constitutional avoidance, has been reflected in decades of judicial decisions upholding much Congressional legislation.  However, some believe that, in light of courts' observance of the canon of constitutional avoidance, Congress correspondingly enacts legislation without taking care that such legislation is actually constitutional. In recent years, Congress is increasingly likely to pas...2015-06-241h 00We the PeopleWe the PeopleJudicial rulings and the evaluation of lawsMichael Gerhardt from the University of North Carolina School of Law and Clark Neily from the Institute for Justice join our Jeffrey Rosen to discuss a timeless topic among constitutional law scholars: When is it appropriate for the courts to strike down laws passed by a legislature?2015-01-0735 minWe the PeopleWe the PeopleJudicial rulings and the evaluation of lawsMichael Gerhardt from the University of North Carolina School of Law and Clark Neily from the Institute for Justice join our Jeffrey Rosen to discuss a timeless topic among constitutional law scholars: When is it appropriate for the courts to strike down laws passed by a legislature?2015-01-0735 minFree ThoughtsFree ThoughtsThe Problem of Judicial AbdicationClark Neily joins us this week for a discussion on judicial engagement. Neily contrasts judges’ findings in cases with stringent standards of review—which he characterizes as a genuine quest for the truth from a truly neutral adjudicator, decided on the basis of evidence—with what he calls judicial abdication: the tendency of judges to default to a rational basis review of speculative justification by the government. They also discuss the right to earn a living, judicial activism, and the defining essence of the Constitution.Show Notes and Further ReadingClark Neily, Terms of Engagement: How Our...2014-08-0452 minTurning Hard Times into Good TimesTurning Hard Times into Good TimesHour 2: Honest Money for Life Liberty & the Pursuit of Happiness Clark Neily and Robert Giustra visit for the first time. Peter Grandich returns. Clark Neily, author of “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government will tell how government is removing liberty, property rights, school choice, First Amendment, and other constitutional rights. We will ask how we might retrieve those lost rights. But does he understand the need to restore honest money if we ever hope to regain our American birthrights? The debasement of our monetary system is not only funding government power and abuse, but along with corporate domination of our legislative body...2013-12-0357 minTurning Hard Times into Good TimesTurning Hard Times into Good TimesHour 1: Honest Money for Life Liberty & the Pursuit of Happiness Clark Neily and Robert Giustra visit for the first time. Peter Grandich returns. Clark Neily, author of “Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government will tell how government is removing liberty, property rights, school choice, First Amendment, and other constitutional rights. We will ask how we might retrieve those lost rights. But does he understand the need to restore honest money if we ever hope to regain our American birthrights? The debasement of our monetary system is not only funding government power and abuse, but along with corporate domination of our legislative body...2013-12-0357 minCato AudioCato AudioDecember 2013December 2013 featuring Tim Lynch, Steve Silverman, James Tooley, Clark Neily, Daniel W. Drezner, Jonathan Rauch, Sen. Ron Wyden Hosted on Acast. See acast.com/privacy for more information.2013-12-011h 12Cato AudioCato AudioJuly 2013July 2013 featuring Robert A. Levy, Alan Gura, Clark Neily, Rep. Scott Garrett, Kevin Williamson, Tim Kane, Spencer Ackerman, David A. Stockman Hosted on Acast. See acast.com/privacy for more information.2013-07-021h 04Cato AudioCato AudioMay 2012May 2012 featuring Trevor Burrus, Clark Neily, Steve Forbes, Dale Carpenter, Joshua Rovner, Adam D. Thierer, Mary Anastasia O'Grady Hosted on Acast. See acast.com/privacy for more information.2012-05-011h 12Most Famous Website Where You Can Find and Download Audiobooks in Radio & TV, News, Business, & CultureMost Famous Website Where You Can Find and Download Audiobooks in Radio & TV, News, Business, & CultureCatoAudio, October 2010 Audiobook by Caleb BrownListen to this audiobook free with a 30-day trial. Go tohttp://audiobookspace.com/freeTitle: CatoAudio, October 2010 Author: Caleb Brown Narrator: Caleb Brown Format: Original Recording Length: 1 hr and 5 mins Language: English Release date: 10-10-10 Publisher: The Cato Institute Ratings: 5 of 5 out of 1 votes Genres: Radio & TV, News, Business, & Culture Publisher's Summary: Tim Sandefur and Clark Neily on the right to earn a living. Daniel Griswold on analyzing public policy. Charlotte Twight on public choice economics. Robert McDonald on the principles of the American Revolution. Tom G. Palmer on making a difference. Want more CatoAudio? ©2010 Cato Institute Contact me for a...2010-10-101h 05Cato AudioCato AudioNovember 2009November 2009 featuring Alan Gura, Clark Neily, Malou Innocent, Jan Crawford Greenburg, Bradley A. Smith, Harvey A. Silverglate, David Goldhill Hosted on Acast. See acast.com/privacy for more information.2009-11-011h 07