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Beyond the Brief

Author: Institue for Justice

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Hear about the cases, issues, and tactics advancing the fight for freedom—directly from the people on the front lines. Deep Dive with the Institute for Justice explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. In each episode, host Melanie Hildreth talks with litigators, researchers, and activists to give listeners an in-depth, inside look at cutting-edge legal and policy issues—and how they affect the lives of ordinary Americans everywhere.
77 Episodes
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In this episode, we bring you the disturbing story of St. Paul police officer Heather Weyker, whose lies led to the wrongful prosecution of dozens of people—and put an innocent teenage refugee in jail for two years. Will she ever be held accountable?  Today we’re joined by  IJ senior attorney Patrick Jaicomo, one of the leaders of IJ's Project on Immunity and Accountability.  We’re discussing Patrick’s lawsuit against Officer Weyker, how courts have systematically closed doors to government accountability, and how IJ is trying to wrench those doors back open.  https://youtu.be/rf_NetF2l9k Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now related video https://www.youtube.com/watch?v=HujPlUyTXRY
Dalton Boley thought he found a refuge for him and his children in 10 acres of woods by his Alabama home. That is, until government officials started showing up on the land without a warrant.I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, joined by co-host Keith Neely, and today we’re discussing the Open Fields Doctrine and what IJ is doing to close this 4th Amendment loophole. We’re joined by IJ attorney Josh Windham. https://youtu.be/tyeF77uNjW0 Related Videos https://www.youtube.com/watch?v=Je8mOkgMoWk https://www.youtube.com/watch?v=XcnL6gF_ua4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
You shouldn’t need a law degree to start a barber shop, but entrepreneurs across the country face steep fees, delays, and confusing requirements before they ever even open. That’s why, in addition to suing cities when they violate people’s rights, IJ works with cities to make it cheaper, faster, and simpler to start a small business.  Today we’re joined by Assistant Director of IJ’s Activism Team Jennifer McDonald, and Senior Policy Advisor Chad Reese to discuss how IJ makes Cities Work. https://youtu.be/IYN4RCN-yo8 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
The Constitution requires a warrant before police can search you or your property. But what if that warrant is based on third-hand information? That’s what happened to IJ client Michael Mendenhall, and it happens across America every day.  We recently spoke with IJ attorneys Patrick Jaicomo and Jared McClain to discuss how warrants are often just rubber stamps, and what IJ is doing to fix that.  https://youtu.be/0hTQIAsDHX0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
A new financial surveillance dragnet is sweeping up ordinary cash transactions at small businesses near the US-Mexico border. The federal government has placed onerous new requirements on businesses that help people without bank accounts cash checks or send money to family members. It’s demanding reports on all transactions involving at least $200 in cash, subjecting innocent people to warrantless surveillance and burying small businesses in paperwork.  Today we chat with IJ attorneys Rob Johnson and Betsy Sanz to talk about how IJ is fighting back against financial surveillance and the government’s war on cash.  https://youtu.be/MGPC27FIrqE Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government.  On this episode, we talk with IJ attorneys Josh Windham and John Wrench on judicial deference and why courts protect some rights better than others.  https://youtu.be/AwAFcSzqZ4A Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
In 2017, FBI agents, with guns drawn and a flashbang grenade, burst into the Atlanta home of Trina Martin, her then seven-year-old son Gabe, and her then partner Toi. Turns out, they had the wrong address. In April, Trina’s yearslong fight for accountability is heading to the U.S. Supreme Court.  Today we chat with IJ client Trina Martin and IJ attorney Patrick Jaicomo about wrong house raids, what it’s like have the Supreme Court hear your case, and what victory will mean for Trina and all Americans.  https://youtu.be/j2GboGENmoQ Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
First enacted to ensure southern states respected the rights of newly freed slaves, the 14th Amendment is indispensable to modern civil rights litigation. But what does the amendment say and how does IJ use it to challenge everything from harassment by police to undue burdens on hair braiders?  Today we’ll discuss all that and more with IJ attorneys Bob McNamara and John Wrench. https://youtu.be/xPPU9ZKWd0Q Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
$29,000 for overgrown grass. $16,000 for cracks in the driveway. $100,000 for parking incorrectly on your own property. These are some of the outrageous fines IJ’s clients have faced, often for harmless violations. The prohibition on excessive fines is one of our oldest rights, but governments, from small towns to federal agencies like the IRS, still issue ruinous fines and courts still rubberstamp these fines.  IJ attorneys Sam Gedge and Michael Greenberg join us for the discussion.  https://youtu.be/nRwi5QQMhYw?si=yTvNFAYtpQf1MtgW Case Video https://www.youtube.com/watch?v=arP5ZzT_ihU Working Mother of 3 Faces $100,000 Parking Violation Most people accept that the government can fine you a small amount for parking illegally. But can the government cripple you financially for how you park your car on your very own driveway? In Lantana, Florida, that is exactly what happened to local homeowner Sandy Martinez. The city fined her more than $100,000—at a rate of $250 per day—for violating an ordinance regulating how one can park their car on their own driveway. Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now
For centuries, people have helped their neighbors by providing food, shelter, and more to people in need. But all too often, the creativity and generosity of ordinary people conflicts with government regulations. That’s why IJ defends those providing private solutions to public problems. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, with IJ senior attorney Jeff Rowes.   https://youtu.be/aJxt3B43pg0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
In Pasco County, Florida, the Sheriff’s Office thought it had a great idea: make lists of who might commit crimes in the future and hound them and their families until they end up in jail or move away. Under Pasco’s so-called intelligence-led policing program, hundreds of people, many of them minors, were deemed “prolific offenders” based on a crude algorithm and subjected to relentless night-time visits, citations for minor code infractions, and other harassment. So, IJ sued, and in December we secured an agreement that will end the program for good and get justice for some of its victims.  Today we are joined by IJ attorneys Ari Bargil and Will Aronin.  https://youtu.be/YOMDobC5i0Q
In 2005, the U.S. Supreme Court issued one of its most reviled decisions in modern history, in Kelo v. City of New London. By a vote of 5-4, the Court said governments could use eminent domain to take private property and give it to private developers who might pay more in taxes. As Justice Sandra Day O’Connor said in her dissent, “The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.” Now, IJ has submitted a petition asking the Supreme Court to overturn that infamous decision. Today we talk with IJ Deputy Litigation Director Robert McNamara, and IJ President Scott Bullock, who argued Kelo at the Supreme Court. https://youtu.be/g-exnC-27lU Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
We all want to feel secure in our homes, and if the reckless or abusive acts of government officials violate that security, we expect to be able to hold them accountable. IJ recently launched two cases in Georgia to uphold that principle; one in which a town bulldozed a home without warning or compensation and another where FBI agents violently raided the wrong house.  Today we are joined by IJ attorneys Dylan Moore and Patrick Jaicomo.  https://youtu.be/z4jMHnwkOj8 https://www.youtube.com/watch?v=0syE4SY_6p8 https://www.youtube.com/watch?v=fGOJU4_tVJg https://www.youtube.com/watch?v=yRF74lBfjr0 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
On Christmas Eve 2022, Jennifer Heath Box got off a cruise ship in Florida, excited to return home to Texas and spend Christmas with her children before her son was deployed. Instead, police arrested her as she got off the ship, and she spent Christmas in jail, where guards pumped death metal music and freezing air into the cells.  All because police were looking for a woman who didn’t look like Jennifer, was half her age, and didn’t even have the same name.  To tell us more about the case, we interview IJ attorneys Jared McClain and Bobbi Taylor.    https://youtu.be/bRbX9TtNGC0
Not long ago, if police wanted to know where someone drove, they would have to follow that person for days, taking significant resources. But new technology allows the government to track everyone nearly all the time and to access that information without a warrant. As this technology spreads around the country, people are fighting back for the Fourth Amendment.   Today we have with us IJ attorneys Robert Frommer and Michael Soyfer to discuss a new lawsuit in Norfolk, Virginia.  https://youtu.be/7S3bcS_SSUE
In Pennsylvania, officers of the Fish and Boat Commission have the power to trespass on any land or water without a warrant. For one couple, that lead to repeated harassment at their lakeside home from a Waterways Conservation Officer. But the Constitution’s Fourth Amendment protects all Americans, including Pennsylvanians who live near water. Today we’re talking with IJ attorneys Kirby Thomas West and Dylan Moore about a new case challenging warrantless trespassing. https://www.youtube.com/watch?v=Xs5WEbit5Kg Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
The proliferation of video is changing how Americans fight for their civil rights, and much of it is happening right here on YouTube. I'm Kim Norberg of the nonprofit civil liberties law firm the Institute for Justice, together with co-host Keith Neely and IJ senior attorney Patrick Jaicomo. Today, we’re talking with special guest John Bryan, better known as The Civil Rights Lawyer. John knows firsthand how difficult civil rights lawsuits have become–and he previously partnered with IJ to overcome one of the many immunity doctrines that make it nearly impossible for ordinary people to vindicate their rights in court. As IJ unravels that web of government immunity, John has successfully turned to video to help hold abusive officials accountable. We're using different but complementary approaches to reach the same goals: bringing justice to victims and creating broader legal change. https://youtu.be/Pv8eVmyIXTU
In 2013, a Clovis, California police officer found out that his girlfriend Desiree Martinez had reported him for physically abusing her—while Desiree was trapped in a room with him, leading to further horrific abuse. Incredibly, the informant was another officer who knew about Desiree’s boyfriend’s history of domestic violence. Desiree later sued that officer informant for enabling the abuse, but an appeals court granted qualified immunity to block the suit. Now, Desiree and IJ are asking the U.S. Supreme Court to make clear that government officials who knowingly place people in danger can be held accountable. Today we talk with IJ attorneys Anya Bidwell and Patrick Jaicomo about Desiree’s fight for justice.  https://youtu.be/mmViazhu130 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
In America, the government doesn’t get to pick winners and losers in the marketplace. Yet states and cities throughout the country block new business to protect established interests. That’s when IJ steps in. Awa Diagne has been braiding hair for 30 years, but when she tried to open a braiding salon in an Atlanta suburb, the town told her it would provide too much competition. So, Awa and IJ are fighting back.   Today we talk with IJ attorneys Renee Flaherty and Will Aronin about how IJ is protecting the right to make a living https://youtu.be/kD6T_n5_LP4 Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain—all to protect another business from competition. Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights—and their path all the way to the Supreme Court. https://www.youtube.com/watch?v=Ltd6hT9B5DQ related case Family-Owned Hardware Store Sues Long Island Town Trying to Take Away their Property The Brinkmann family owns hardware stores in Long Island and purchased property with the hope of opening a new store. The town now wants to take the land through eminent domain, simply because they don’t want another store. With the help of IJ, the Brinkmanns are fighting back against this unconstitutional tactic. view case Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. donate monthly
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