"Briefly" by The University of Chicago Law Review

This is "Briefly," a podcast produced by The University of Chicago Law Review. Join us as we discuss current cases, contemporary controversies, and the forefront of legal scholarship.

When Are Vaccine Mandates Constitutional?

As states and the federal government impose vaccine mandates to curb the spread of COVID-19, the constitutionality of those mandates has come into question, particularly with regard to religious freedom. Constitutional challenges to state and federal vaccine mandates have found varying success before the Supreme Court. Host Reagan Kapp and Professor Nathan Chapman (U. of Georgia School of Law) discuss the interplay between the First Amendment, freedom of religion, and vaccine mandates.

03-02
45:52

Protests, a Pandemic, and the Right to Assemble

The First Amendment of the U.S. Constitution guarantees the "right of the people peaceably to assemble." The recent prevalence of protest movements, alongside a global pandemic, has influenced the interpretation of this right. Host Kyra Cooper speaks with Professor John Inazu (WashU School of Law) about the right to assemble and its interaction with modern events. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

02-09
37:44

The Abandonment of Adoptees

In 2020, YouTube influencer Myka Stauffer received widespread criticism when she revealed her family had given away her adopted son to another family. Host Kyra Cooper speaks with Professor Cynthia Hawkins (Stetson U. College of Law) about the unregulated custody transfer of adoptees and the legal regime surrounding the adoption process. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

11-17
39:31

Teaching Constitutional Law

In a new University of Chicago Law School seminar, Professor Emily Buss (U. Chicago Law) and ten law students co-taught incarcerated high school students about the constitutional rights of minors. Host Andrew Zeller, Professor Buss, and Heidi Mueller, director of the Illinois Department of Juvenile Justice, discuss the rewarding and challenging aspects of the course. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

11-03
55:07

The Role of the Public Defender

Appointed as Cook County public defender in March 2021, Sharone Mitchell, Jr. took office with a vision to serve as "an engine for progressive systems change." Host Dylan Platt speaks with Cook County Public Defender Sharone Mitchell, Jr. and Professor Judith Miller (U. Chicago Law) on the evolving role of public defenders at the state and federal level. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

10-20
44:55

Federalism and Elections

A mere six votes determined the outcome of the 2020 election in Iowa's 2nd congressional district, revealing the delicate balance of power between elections shared by states and the federal government. For the inaugural episode of season five, hosts Kyra Cooper and Rachel Smith discuss the role of the federal government in state-run elections with Professors Derek Muller (University of Iowa Law) and Franita Tolson (USC Gould Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

05-19
49:14

Stories of Student Speech (Part 2)

Last week, the Supreme Court heard oral argument in Mahanoy Area School District v. B. L.—its first student-speech case in more than a decade. In this second part of a special Briefly season finale, Adam Hassanein and Professor Emily Buss (U. Chicago Law) discuss Mahanoy, how new technology has changed the speech landscape, and how the Supreme Court could transform students' right to speak their minds. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

05-07
34:25

Stories of Student Speech (Part 1)

The Supreme Court hears argument today in its first student-speech case in more than a decade. In this first part of a special Briefly season finale, Adam Hassanein digs deep with plaintiffs and attorneys from the Court's legendary speech cases, who tell their student-speech stories. Guests: John & Mary Beth Tinker (from Tinker v. Des Moines); Matthew Fraser (from Bethel v. Fraser); Cathy Kuhlmeier (from Hazelwood v. Kuhlmeier); and attorney Douglas Mertz (from Morse v. Frederick).

04-28
01:25:59

NIMBYism and the Politics of Zoning

"Not in my backyard" has kept the dream of an affordable home beyond the reach of many Americans. Lee Anne Fennell (U. Chicago Law) joins host Taiyee Chien to explain how and why zoning rules constrict affordable housing—and which reforms could change everything. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

04-22
41:29

Access to Justice

Huge numbers of civil cases feature at least one party who lacks legal representation. Host Adam Hassanein and Professor Anna Carpenter (Utah Law) discuss the ins and outs of the access-to-justice problem—and solutions sounding in law, policy, and human decency.

03-31
47:43

The Shadow Docket

What on earth is the Supreme Court’s “shadow docket”? Steve Vladeck (U. Texas Law) and Kate Shaw (Cardozo Law) join host Deb Malamud to explain the Court’s unusual—and controversial—way of resolving some of our nation’s most pressing legal controversies. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

02-17
32:56

The United States Of Bankruptcy

The COVID-19 pandemic has brought longstanding public pension crises to a boiling point. Defaults would be catastrophic. But what if states could file for bankruptcy, like cities can? Host Matthew Reade and Professor David A. Skeel (U. Penn Law) discuss the promise and pitfalls—constitutional, political, and practical—of states in bankruptcy. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

01-06
52:07

NPAs and DPAs: 10 Years Since Massey

When companies break the law, prosecutors often turn to deferred or non-prosecution agreements to induce reform. But some criticize DPAs and NPAs as an escape hatch for companies to pay their way out of liability. Host Nathan Tschepik discusses DPAs, NPAs, their critics, and their future with Profs. Andrew Boutros (U. Chicago Law) and Brandon Garrett (Duke Law). To take a peek at some of these agreements, check out the Corporate Prosecution Registry (corporate-prosecution-registry.com). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

12-23
51:18

Law, Psychology & False Confessions

Why do people confess to crimes they didn't commit? Host Taiyee Chien and guest Professor Richard A. Leo (U. San Francisco Law) explore the difficult and persistent psychological phenomenon of false confessions—and how the law can address it going forward.

11-11
01:12:04

Presidential Power & Its Limits

President Obama used his "pen & phone" to transform the immigration laws. President Trump declared an emergency to fund his border wall. Presidential power seems ascendant—or is it? John Yoo and Sai Prakash join host Miriam George to discuss presidential power, its limits, and its future. Guests: Profs. John Yoo (UC Berkeley Law) & Sai Prakash (U. Virginia Law) Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

10-14
41:22

Critical Race Theory v. Law & Economics

Critical race theory versus law and economics: A clash of titans, or an emergent alliance? Hosts Adam Hassanein and Deb Malamud ask experts in the field how different these legal frameworks really are—and what they have in common. Guests: William H.J. Hubbard (U. Chicago Law) & Jonathan Feingold (Boston U. Law). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

09-30
01:23:29

Of Consent and Butt-Dials

Do you enjoy a reasonable expectation of privacy for pocket dials? The answer might surprise you. Host Deb Malamud chats with several privacy law experts to explore this complex legal question and its implications for how we interact in a tech-centered world. Guests: Lior Strahilevitz (U. Chicago), Margaret Hu (Penn State), and Julian Sanchez (The Cato Institute). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

08-05
45:00

The Future of Affirmative Action

Amid a national conversation about race, affirmative action in universities has become a key issue of contention, with California set to revisit its affirmative action ban this November. Host Taiyee Chien leads a spirited discussion about affirmative action and its future. Guests: Professor Geoffrey Stone and Adam Mortara. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

07-02
01:17:26

COVID in the Markets

Matt Levine of Money Stuff fame joins Briefly to discuss insider trading, stock buybacks, the Fed's extraordinary market interventions, and how everything is securities fraud. Guest: Bloomberg columnist Matt Levine (@matt_levine). Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

05-25
46:25

COVID in the Courts

To kick off our fourth season, we dig deep into COVID-19's effect on the courts. Guests: Chief Judge Diane Wood and Judge Michael Scudder of the U.S. Court of Appeals for the Seventh Circuit. Twitter @uchilrev | lawreviewblog.uchicago.edu | Music from bensound.com

05-11
36:15

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