Holiday Mailbag Episode

Posted: December 22, 2017 by Nazim in Uncategorized

In this holiday mailbag episode, Brett and Nazim debate the Establishment Clause, answer listener questions, and talk about why eggnog is gross.  Happy holidays, and we will see you next Sunday.

New Episode!


The Gang Solves the Masterpiece Cakes Crisis

Posted: December 17, 2017 by Nazim in Uncategorized

This week’s episode covers Masterpiece Cake Shop v. Colorado Civil Rights Commission and specifically the oral arguments that took place a week ago and terrified everyone of the outcome.  Brett and Nazim take the approach of trying to find a compromise for this case that will (1) not invalidate all discrimination laws, and (2) not result in people ordering offensive cakes to prove a point.  It’s a delicate balance that hopefully the Court will handle more efficiently.  Case in point, law starts at (03:04).

New Episode!

Alien v. Predator, Inc.

Posted: December 10, 2017 by Nazim in Uncategorized

This week’s episode covers the Alien Tort Statute and the current case of Jesner v. Arab Bank, which covers whether a corporations can be liable under said Alien Tort Statute.  Brett and Nazim also relish their Web 100 nomination by the ABA and discuss the appropriate amount of relishing one should do when reading about attorneys getting disciplined.  Law starts at (05:50).

New Episode!

Guilty Pleas and Thank Yous

Posted: December 3, 2017 by Nazim in Uncategorized

This week’s episode covers guilty pleas, from the practical (why the ubiquity of guilty pleas makes sense but mostly furthers the unfairness of the criminal justice system), to the theoretical (the current case of Class v. U.S., which broadly covers whether a guilty plea waives your right to challenge the Constitutionality of the underlying charge).  Law starts at (03:50).

New Episode!


I really want to entitle this one “HOW DARE YOU?” but I think the joke only works (if it works) after you’ve voted in this month’s ballot. In light of Gill v. Whitford, there’s a voting system question in there, and few turkey questions (please send recipes!).

If you don’t know what this is about, you should know that we have a Fantasy SCOTUS league in which folks compete to try to predict the outcome of a few US Supreme Court cases. Correct answers garner points as described per the rules, and the winner is selected posthumously. That is, after I kill them for getting more points than I did. If you haven’t already done so, you should probably go and vote on last month’s ballot before the court releases a ruling on one of those cases.

Thanksgiving Mailbag Episode

Posted: November 22, 2017 by Nazim in Uncategorized

To celebrate arguably the best holiday, Brett and Nazim take listener questions about who would be the worst judicial Thanksgiving Day guest, Presidential Turkey Pardons, and actual legal questions at the end.  Happy Thanksgiving; and otherwise, we will see you next week.

New Episode!

Who Let the Lawyer Dawgs Out?

Posted: November 19, 2017 by Nazim in Uncategorized

This week’s episode covers Miranda Rights, from the ridiculous (the Louisiana Supreme Court holding that a defendant’s request for a “lawyer, dog” was not an equivocal invocation of Miranda rights) to the sublime (City of Hayes v. Vogt in which a police officer’s incriminating statements in a job interview were used against him in a pretrial hearing).  The law starts from the beginning, but Vogt specifically starts at (24:43).

New Episode!

Citizen’s Guide to House Parties

Posted: November 12, 2017 by Nazim in Uncategorized

This week’s episode covers District of Columbia v. Wesby, a case that appears super interesting at a surface level (house-parties, cops, possible strippers), but is sort of boring a few meters deep (probable cause, qualified immunity, mens rea).  Brett and Nazim get into the details, but not before breaking out a 8 movie bracket to determine the best house party movie of all time.  Law starts at (03:40), House Party nonsense from (11:19-23:05).

New Episode!

Nazim’s Gerrymandering Birthday Extravaganza

Posted: November 5, 2017 by Nazim in Uncategorized

This week’s episode celebrates both Nazim’s birthday and the death of American democracy.  Depending on how you feel about the Supreme Court and its inherent authority, the case of Gil v. Whitford could substantially impact politics and voting throughout the United States, or could be another missed opportunity by the Court to fix a systemic problem in our government.  Brett and Nazim discuss general gerrymandering issues, how this case will likely play out, and give Nazim a soapbox at the end to discuss why all districting is terrible.  Law starts from the beginning.

New Episode!


It’s only appropriate that we have an Epic plaintiff among our cases, since our new season of the SCOTUS Fantasy League leads constitutional liberty protections. I’m clearly not sure what I’m saying here, but I think the feeling is mutual. The November ballot is here. You probably know the rules, but if you don’t, they’re here.

Just to summarize the rules, you pick the outcomes in a few cases we put on a ballot like the one above every month. Whoever gets the most points, at the end of the term, wins a box of stuff from Brett and, maybe, Nazim, if you give us a way to get it to you. The easiest way to not get point is to not put your ballots in. If you put more than ballots in, and we manage to figure that out, you only get the votes from the second ballot. In addition, we’re adding rules banning gerrymandering the Justices, because Nazim. Also, you must read all our SCOTUS Fantasy League announcements in the voice of that announcer in the Hunger Games, the one played by Stanley Tucci – in your head. You don’t have to read it out loud. Finally, don’t taunt happy fun ball. It has feelings, you know. Also, terms may change without notice, since we’re doing this for fun.