In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and ch

Episode 213: Blue Cheese Odyssey

Dec 16th, 2020 1h 11m

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And

Episode 212: House of Worship

Dec 7th, 2020 1h 23m

We discuss the Supreme Court's (I know, I know) decision in Roman Catholic Diocese v. Cuomo (https://www.supremecourt.gov/opinions/20pdf/20a87_4g15.pdf).

Episode 211: Practice

Nov 24th, 2020 1h 24m

Is this thing on? What did we miss?

Episode 210: Exponential

Mar 3rd, 2020 40m 46s

Just Joe and Christian on the pandemic, new articles, and spring break.Achieving A Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and Other Federal, State, and Local Leaders from Public Health and Legal Expe

Episode 209: The Gun Subsidy

Feb 21st, 2020 1h 29m

We are joined by our student, Justin Van Orsdol, who has co-authored a paper with Christian about a new approach to the gun violence crisis.Justin Van Orsdol's writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=3096029)Christia

Episode 208: Competition Corner

Feb 14th, 2020 1h 5m

We discuss a proposal by Sen. Hawley to abolish, more or less, the Federal Trade Commission, the agency that administers consumer protection and antitrust laws, and place its responsibilities in the Justice Department. Antitrust, the unitary ex

Episode 207: Bribery

Jan 31st, 2020 1h 22m

Sometimes in law, as in other areas of life, we think we know something, but the more we think about, the more we realize we don't know it at all. Legal scholars have focused on puzzles like this before, like why blackmail should be illegal. De

Episode 206: What Are We?

Jan 17th, 2020 1h 40m

Joe and Christian discuss Christian's latest paper, on the way we define and separate markets, including European football, campaign finance, surrogate motherhood, and water bottles in disaster zones.Christian Turner, The Segregation of Market

Episode 205: iBonus

Dec 22nd, 2019 27m 51s

Christian calls Joe out of the blue to celebrate our sixth anniversary and to talk about heroes.

Episode 204: Theocracy

Oct 13th, 2019 1h 31m

We discuss new calls to integrate church and state. The conversation ranges over liberalism, religion, religious zeal, and, obviously, some nonsense.Micah Schwartzman and Jocelyn Wilson, The Unreasonableness of Catholic Integralism (https://pa

Episode 203: Fifty-Four

Sep 8th, 2019 1h 43m

On immaturity, defensiveness, art, the intellect, models, and the self. And mailbag on scholarship and practice, Title VII, and Star Trek. It's Joe's birthday.

Episode 202: Conversations

Aug 23rd, 2019 1h 24m

We discuss dictionaries, up and down on maps, and excellence in seminar conversation.Joseph Miller, Suggestions for Law School Seminars (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3425608)Seminar Skills – Learning Collaboratively (ht

Episode 201: The Bag

Jul 29th, 2019 1h 45m

Just Joe and Christian, lumbering into season 2, talking about tipping and fraud in the gig economy, bar exam fiascos, legal scholarship, and fireworks.Andy Newman, DoorDash Changes Tipping Model After Uproar From Customers (https://www.nytime

Episode 200: Cite Me, Don't Slight Me

Jul 8th, 2019 2h 11m

We kick off Season 2 with assorted nonsense before diving into our second SCOTUS round-up, which consists entirely of the Supreme Court's decision on the census citizenship question.Dep't of Commerce v. New York (https://www.supremecourt.gov/o

Episode 199: Offended Observer

Jun 23rd, 2019 2h 11m

We discuss items from the mailbag and go ahead and conduct our annual, absurd Supreme Court round-up (fifty minutes in).James Macleod, Ordinary Causation: A Study in Experimental Statutory Interpretation (https://papers.ssrn.com/sol3/papers.cf

Episode 198: The Means of Randomization

May 28th, 2019 1h 33m

How would you feel if you found out you were unwittingly the subject of an experiment testing two alternatives? You got A, and another group got B. Many people object to this. But what if neither A nor B was at all objectionable and in fact eac

Episode 197: LARPing

May 15th, 2019 1h 27m

We talk about LARPing, emotions, meaning, exam writing, grading, happiness, and other things.Lawrence S. Krieger and Kennon M. Sheldon, What Makes Lawyers Happy? A Data-Driven Prescription to Redefine Professional Success (https://ir.law.fsu.e

Episode 196: It at Least Exists

Apr 21st, 2019 1h 16m

Is the common law efficient? Richard Posner, among many others, has argued that it is, perhaps even without judges ever themselves focusing on that goal. Daniel Sokol joins us to discuss how understanding law as a platform, like modular and ope

Episode 195: Based

Apr 7th, 2019 1h 19m

We dip back into the mailbag to discuss verdicts, unpublished opinions, "based off," canons and anti-canons, and more.

Episode 194: Topoi

Mar 24th, 2019 59m 58s

With Zahr Said and Jessica Silbey, we discuss new narrative forms, their setting, and their influence on law and legal education. How do the natures of podcasts, twitter, fake news, and deep fakes affect the way we experience culture together a

Episode 193: A Giant Thunderstorm

Mar 17th, 2019 1h 19m

Fast on the heels of her last appearance, Carissa Hessick joins us to talk about corpus linguistics, which means... well, we debate this, but, generally, the use of computer-based methods to draw inferences from large databases of texts. What i