We discuss the morality of concurring and dissenting. And the usual nonsense.

Joe and Christian talk about the pandemic and, then, some nonsense.

We discuss the march on the Capitol and... all this.

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 children.

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 other things as well.

We discuss the Supreme Court's (I know, I know) decision in Roman Catholic Diocese v. Cuomo.

Is this thing on? What did we miss?

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 Experts in the United States The President in discussion with pharma execs on a vaccine

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 Christian Turner and Justin Van Orsdol, The Gun Subsidy Oral Argument 101: Tug of War Special Guest: Justin Van Orsdol.

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 executive, independent agencies, Joe's Competition Commission, and more. Josh Hawley, Overhauling the Federal Trade Commission Mike Masnick, William Barr's Move to Rid the DOJ of Independence Shows One of Many Reasons Josh Hawley's FTC Plan Is Dangerous

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. Deborah Hellman joins us to discuss her attempt to answer a question you might not have known you had: What is wrong with bribery, and what is bribery anyway? The difficulties here shed some light on recent events. Deborah Hellman's faculty profile and...

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 Markets (SSRN) (SocArXiv)

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

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 Adrian Vermeule, Integration from Within Christina Deardurff, "The Depths of the Church Are Not to Be Disturbed": An interview with Adrian Vermeule

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.

We discuss dictionaries, up and down on maps, and excellence in seminar conversation. Joseph Miller, Suggestions for Law School Seminars Seminar Skills – Learning Collaboratively

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 Donna Hershkowitz, The State Bar of California, Statement on July 2019 Bar Exam Release of General Topics Oral Argument 61: Minimum Competence (guest Derek Muller) The Weeds, Vox's podcast for politics and policy, the episode Dysfunctional Federalism with David...

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

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 Obriecht v. Splinter Johari Canty, Florida Deputies Find Sign Warning Drivers About Upcoming Speed Trap American Legion v. American Humanist Ass'n Knick v. Township of Scott

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 each is served up at many other places unilaterally and without reason for preferring one to the other? Why should we object to being randomly given A or B for the purpose of testing, when we would not object to having either uniformly and arbitrarily...

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

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 open-source software platforms, helps to see how some areas of the law might indeed become more efficient over time while others might not. Daniel Sokol's faculty profile and writing Daniel Sokol, Rethinking the Efficiency of the Common Law Special...

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

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 and how do they construct that culture and our legal culture? Zahr Said's faculty profile and writing Jessica Silbey's faculty profile and writing Zahr Said and Jessica Silbey, Narrative Topoi in the Digital Age Ryan Calo, Digital Market...