Hello listeners from Dissed! Welcome! If you’d like to hear more fun/legal podcasting, you will almost certainly enjoy the following episodes of The Political Orphanage:
Anastasia Boden on Harvard vs Asians: Affirmative Action and Racial Quotas
Affirmative Action is potentially one Supreme Court case away from going extinct. When is racial prioritizing constitutional? Is it ever a good policy idea?
Libertarian Constitutionalism - Featuring: Tim Sandefur
Is judicial activism bad if it's focused on protecting civil liberties from government incursion? Where do libertarians and conservatives diverge in jurisprudence?
Tim Sandefur is Vice President of Litigation at the Goldwater Institute, and makes the case for judicial engagement in the defense of individual rights.
Judge Andrew Napolitano on Natural Law
Judge Andrew Napolitano is a former Judge of the New Jersey Superior Court, a law professor, and prolific author. He's the Senior Judicial Analyst at Fox News. He joins the show to discuss Natural Law, and the idea that the role of the courts is predominantly to protect individual rights from government incursion.
In this kickoff episode of Judge Week we talk about: The role of judges; Why it's usually stupid to say "conservative judge" or "progressive judge"; What jurisprudence is; What precedent is
Originalism - Featuring: Christopher R. Green
Originalism is the favored jurisprudence of conservative scions like Antonin Scalia and Clarence Thomas. It's predicated on the notion that laws have fixed meanings, determined at the moment of their ratification according to the language of their day.
Christopher Green is the H.L.A. Hart Scholar of Law & Philosophy at the University of Mississippi. A graduate of Princeton, Yale, and Notre Dame, he is a sought-after speaker about Originalism, executive power, and the 14th Amendment.
The Living Constitution - Featuring: David Strauss
When the Constitution says "cruel and unusual punishment" does it mean by the standards of the 18th century, or our own? How much latitude should jurists take when interpreting the law?
Professor David Strauss of the University of Chicago has argued nineteen cases before the United States Supreme Court, and sits on the Board of Directors of the American Constitution Society.
He joins Heaton to discuss Living Constitutionalism: the school of jurisprudence favored by progressive judges.