Shows
Advisory OpinionsNondelegation DoctrineOn Tuesday, Speech First, Inc. filed a free speech lawsuit alleging that the University of Central Florida and its officials “created a series of rules and regulations that restrain, deter, suppress, and punish speech about the political and social issues of the day.” David and Sarah walk us through the history of campus cat and mouse battles over restrictive speech codes and explain whether this lawsuit will matter in the long run. On today’s episode, our hosts also chat about the nondelegation doctrine, the possibility of further criminal prosecution against Donald Trump, and how Rush Limbaugh’s passing might af...2021-02-181h 09
Ipse DixitMila Sohoni on the Lochner Era & the Trump AdministrationIn this episode, Mila Sohoni, Professor of Law at the University of San Diego School of Law, discusses her article "The Trump Administration and the Law of the Lochner Era," which was published in the Georgetown Law Journal. Sohoni begins by describing what the Lochner era is, how Lochner v. New York came to define an era of jurisprudence, and how that era is conventionally understood. She complicates that conventional understanding by pointing out seeming contradictions in the Supreme Court's jurisprudence, and explains them in relation to a broader ideology of personal and governmental sovereignty. She points to similarities...2019-07-1636 min
Oral ArgumentEpisode 138: CrackdownsCRACKDOWN TIME, with Mila Sohoni! Whatever the law says in the books, it is felt by all of us when it is enforced. How should we think about a sudden change in enforcement priorities that cracks down on some allegedly bad thing? Mila helps us to understand the many reasons agents might have to crack down. From sudden, strict, money-raising speed-limit enforcement to rounding up minorities. We discuss connection with interpretation and “islands of simple literalism,” the role of judges in holding and rhetoric. And speed traps return!
This show’s links:
Mila Sohoni’s faculty profile...2017-06-141h 07