Episodes
Brett and Nazim continue a series of shorter episodes on fundamental legal topics.  This episode covers intellectual property, including what is protected, how it is protected, and why we sometimes let that protection lapse in the interests of good and evil.
Published 11/03/22
This week's episode is a real SCOTUS ghost story for Nazim, as the podcast covers National Pork Producers Council v. Ross, which asks whether a California law which affects pork farms in other States violates the Dormant Commerce Clause.  Law starts at (03:13), but this is a generally silly episode from start to finish.
Published 10/30/22
Brett and Nazim continue a series of shorter episodes on fundamental legal topics.  This episode covers the civil justice system, including how and why it takes so long, and how and why to avoid it.
Published 10/24/22
Brett and Nazim continue a series of shorter episodes regarding fundamental legal topics.  This episode covers the criminal justice system, including how it works and why you should try to avoid it.
Published 10/24/22
In honor of the prosciutto playboy's birthday, Brett and Nazim cover the two big voting rights cases before the Supreme Court this term.  The first is Merrill v. Milligan, which covers Section 2 of the Voting Rights Act as it applies to Alabama's district map, and Moore v. Harper, which covers the Independent State Legislature Theory as it applies to North Carolina's district map.  Law starts at (03:05).
Published 10/23/22
The age old battle over discrimination in public accommodations is back in this week's episode, as Brett and Nazim cover the case of 303 Creative, Inc. v. Elenis, which asks whether the Colorado Anti-Discrimination Act violates a business' First Amendment rights when it requires a web-site designer to provide services for same sex weddings.  Law starts at (3:02).
Published 10/16/22
This week's coming at you extra neutral this week, as Brett and Nazim try to take a neutral approach to two big Supreme Court issues and also say the word "neutral" about a hundred times.  In particular, this week's episode covers the Supreme Court's review of the 11th Circuit's decision regarding Donald Trump's confidential documents, and the upcoming case of Students for Fair Admissions v. Harvard / North Carolina.  The law starts from the beginning.
Published 10/09/22
Brett and Nazim continue their series of shorter episodes with a companion episode to the Students for Fair Admissions v. Harvard / North Carolina case on Equal Protection.  This episode reviews how it applies, the three applicable standards and the two elements of the test.  It also discusses Third Eye Blind and the Philadelphia Phillies playoff chances.
Published 10/09/22
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics.  This episode covers the Judicial Branch, including what cases they can hear, how they are organized, and how appellate procedure works.
Published 10/02/22
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics.  This episode covers the Executive Branch, including what it includes, the extent of its power, and how the Supreme Court has shaped its authority over the past few years.
Published 10/02/22
Brett and Nazim start a series of shorter episodes regarding fundamental legal topics.  This episode covers Congress, including who can serve, what they do, and how they compare to other International legislative bodies.
Published 10/02/22
It's the end of the term, so Brett and Nazim are coming at you LIVE from an online google chatroom.  This episode grades our evergreen predictions from last summer, and sets forth new predictions for what is hoping will be a less bleak summer in 2023.  The Citizen's Guide to the Supreme Court will return in October 2022.
Published 08/14/22
This week's episode previews some of the cases that will be covered next term, including cases about Delaware, Voting Rights, the Chevron Doctrine, Andy Warhol, Native American Sovereignty, the Independent State Legislature Theory and Affirmative Action.  Your boys also discuss next week's Live Season Finale Episode.  The law startst at (06:30).
Published 08/07/22
It's the end the term, so this week's episode ties up loose ends, which include: a mea culpa on cannon ownership (2:00); the plan so far for the Season Finale episode (5:00); discussion on Concepcion v. U.S. (how judge's should interpret the First Step Act), Hemphill v. NY (whether there are exceptions to the Confrontation Clause, and Ruan v. U.S. (mens rea requirements for doctors violate drug distribution laws).
Published 07/31/22
This week's episode covers three cases which discuss recent Supreme Court decisions on Native American Law and Tribal Sovereignty, including Oklahoma v. Castro-Huerta (holding that State law has criminal jurisdiction on tribal land), Denezpi v. U.S (holding that the Double Jeopardy clause does not bar successive prosecutions involving CFR courts) and Yselta Del Sur Pueblo v. Texas (holding that Texas does not have jurisdiction to regulate gaming activities on reservations).  Law starts at...
Published 07/24/22
This week's celebration of administrative law features two John Roberts Opinions; one of which suggests the Supreme Court is OK with the end of the world (West Virginia v. EPA) and also favors Biden's half-baked use of Admin Law over Trump's even-less baked use of Admin Law (Biden v. Texas).  Law starts at (3:15).
Published 07/17/22
This week's episode discusses two cases in which the Supreme Court prioritized Free Exercise Clause rights over Establishment Clause rights.  Carson v. Makin states that Maine cannot provide a voucher system that excludes religious schools and Kennedy v. Bremerton School District states that a football coach cannot be barred from saying a silent prayer after a football game.  Brett and Nazim discuss both cases in detail and try to determine how influential these cases are from a big picture...
Published 07/10/22
This week's episode covers New York Rifle and Pistol Assoc. v. Bruen, where the Supreme Court struck down a New York City gun law on grounds that it violated an new interpretation of the Second Amendment.  Brett and Nazim discuss how this case amends the standard and how much it affects States' abilities to regulate guns. Law starts at (04:40).
Published 07/03/22
This week's episode laments the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, including Brett and Nazim's criticisms of the majority and concurring opinions, and a discussion on how this case alters the legacy of the justices and politicians involved.  The law starts from the beginning.
Published 06/26/22
The podcast returns strong off its summer bye week, covering three cases which deal with conservative majorities, including Johnson v. Arteaga-Martinez (can a Circuit Court create bond hearings for detained immigrants), Garland v. Gonzalez (can detained immigrants sue the government to get bond hearings), and American Hospital Assoc. v. Becerra (how dead is the Chevron doctrine).  Law starts at (4:40).
Published 06/19/22
This week's episode covers three Supreme Court Orders that don't have long opinions, but cover interesting issues that may pop up a few years down the line.  This includes Netchoice LLC v. Paxton (instituting a stay on a Texas law that wants to ban social media platforms from banning Republicans), Louisianna v Biden (allowing an administrative agency to speculate the costs on greenhouse gases), and Guillen v. League of United Latin American Citizens (allowing depositions of Texas lawmakers...
Published 06/05/22
This week's episode covers the text, punctuation, history, case law, current developments, and future predictions on the Second Amendment and reasonable gun control regulations.  We intended on covering two cases about federalism, but never got around to it.  The law starts from the beginning.
Published 05/29/22
This week's episode discusses the political influence of two cases.  The first is FEC v. Cruz where Ted Cruz struck down campaign finance laws, and the second is Patel v. Garland in which the Court refused to consider mistakes in immigration removal proceedings.  The answer may surprise you, but probably not.  Law starts from the beginning.
Published 05/22/22
You asked for it, and you got it, folks.  This week's episode covers Shurtleff v. City of Boston, aka the second-most interesting thing that happened in the Supreme Court two weeks ago.  There's a lot to disagree with here, from the decision that flags aren't government speech, to Gorsuch's take-down of the Lemon test.  Law starts at (02:07).
Published 05/15/22
On this week's podcast, Brett interviews Gabe Roth from Fix the Court about judicial ethics and recusal reform for the Supreme Court.  Gabe discusses the scope of Fix the Court's reform in light of current events, what is like to testify before Congress, and the future of any such reform at the legislative level.  Nazim returns from captivity next week.
Published 05/08/22