Episode 4: Grow a Pear
From far northern climes, we are joined by Sarah Schindler, land use and property expert, hipster scholar, and lawn destroyer. In this episode we discuss Maine, backyard chicken raising, zoning,...
View ArticleEpisode 9: Torches and Pitchforks
Law and banking in one podcast. Take deep breaths lest your racing heart burst in your chest. You think I'm joking. Probably because you don't know Mehrsa Baradaran. But then, you probably do, because...
View ArticleEpisode 10: My Beard Is Not a Common Carrier
This is the one about the internet, that which is neither truck nor tube. Christina Mulligan joins us to talk about our beloved cable companies, Netflix, network neutrality, regulation, monopolies,...
View ArticleEpisode 15: In the Weeds
It’s Reefer Madness week on Oral Argument. We talk with Douglas Berman about marijuana decriminalization and lots more. We discuss blogs and scholarship, LSD, why minds might be changing and how they...
View ArticleEpisode 16: The Whole Spectrum
When you think of giant cable companies, do you find yourself wishing they could be bigger? Do you even find yourself thinking of giant cable companies? Whether you do or do not, you might learn...
View ArticleEpisode 17: Flesh List
Psst, do you want to buy a kidney? How about a human egg, or a baby? We talk about taboo markets and tragic choice with Kim Krawiec. Topics range from egg “donation” to kidney transplants, altruism,...
View ArticleEpisode 21: Kind of a Hellscape
We talk about the relatively simple problem of global climate change with Brigham Daniels. Starting with EPA’s just-proposed regulations, we discuss the very odd way that U.S. law has confronted the...
View ArticleEpisode 23: Rex Sunstein
We dive into the legal nature of the regulatory state with Ethan Leib of Fordham Law School. In what sense is the making of regulatory policy, whether on the environment or on net neutrality, a legal...
View ArticleEpisode 39: The Ayn Rand Nightmare
It’s our ebola episode. You know, I think that’s description enough. This show’s links: Fazal Khan’s profile and his writing Our U.S. News rankings episode, Heart of Darkness More on the debate about...
View ArticleEpisode 41: Sense-Think-Act
Robots. What are they? Just a new sort of tool, qualitatively different kinds of tools that do things we neither expect nor intend, new kinds of beings? With the incipient explosion of complex robots,...
View ArticleEpisode 54: No Throttling
Christian finds himself among two telecommunications and IP experts, Joe and guest Aaron Perzanowski, to discuss the FCC’s recently issued regulations mandating some form of “net neutrality” on...
View ArticleEpisode 58: Obscurity Settings
What kind of privacy do we want to have? What makes others’ knowledge about us turn from everyday acceptable to weird and creepy? Woody Hartzog talks with us about the difficulties of maintaining...
View ArticleEpisode 59: Folly Bridges
Friend of the show and “Freaks and Geeks” extra Sarah Schindler returns to join us live at Oral Argument World Headquarters to talk about the exclusion we impose not through law but through building...
View ArticleEpisode 70: No Drones in the Park
Drones and robots are or soon will be watching you, driving you, delivering to you, and maybe even trying to kill you. They’re loud, nosy, deadly, useful, safe, and dangerous. There are many different...
View ArticleEpisode 99: Power
Joe is at the airport for a special pre-roll segment. Then we say hello to Lisa Heinzerling, administrative law expert (5:23). After a substantive and goofy discussion of legislation and regulation...
View ArticleEpisode 101: Tug of War
After the deadliest mass shooting in American history, we talk about the problem of gun violence and a possible way forward. This show’s links: Christian Turner, The Freedom to Kill and Maim About guns...
View ArticleEpisode 102: Precautionary Federalism
Despite the fact that our show is pretty much the opposite of careful, we discuss precaution, regulation, and institutional choice with Sarah Light. The environmental and other effects of Uber and Lyft...
View ArticleEpisode 103: All over the Gander
We’re joined by a scholar of patent law, administrative law, and many other things, Jonathan Masur. Jonathan does not think the patent office has done a very good job of conducting cost-benefit...
View ArticleEpisode 115: Gonna Work? (Live at the Tech Law Institute)
We made a return to the annual Tech Law Institute meeting in Atlanta and recorded a live episode about self-driving cars. We talked optimism, pessimism, political valence, regulatory challenges,...
View ArticleEpisode 121: 90,000 Local Governments
Home for the holidays, back in Oral Argument World Headquarters, with property, land use, and local government law scholar Nestor Davidson. We discuss the fascinating, important, and under-theorized...
View ArticleEpisode 123: Cruising Altitude
Mike Madison is back to talk with us about knowledge commons, institutions, open-source software, citizen science, and the the basic problem of understanding how we cooperate. This show’s links: Mike...
View ArticleEpisode 138: Crackdowns
CRACKDOWN TIME, with Mila Sohoni! Whatever the law says in the books, it is felt by all of us when it is enforced. How should we think about a sudden change in enforcement priorities that cracks down...
View ArticleEpisode 149: We've Been Given the Finger (Live at the Tech Law Institute)
We returned this week to the annual Tech Law Institute meeting in Atlanta. We talk about data, law, and society: Joe and Christian's fight over data on the way to the conference, a new Supreme Court...
View ArticleEpisode 162: Wealth Gap (live at Georgia Law)
Audiobooks, capital, banks, slavery, regulation, choice, racism, and the racial wealth gap. Mehrsa Baradaran joins the show for the fourth time to talk about her latest book. Recorded in front of a...
View ArticleEpisode 165: Raging Fire
Late at night, mics dragged up by the fire, talking mailbag items on conversation, Banach spaces, mental models, the Facebook dumpster fire, and Christian's weird old tricks for managing your online...
View ArticleEpisode 168: Galaxy-Sized Diamond
Do you believe that once upon a time, before the rise of the administrative state, our legislature mainly legislated, our executive just carried out laws, and judges resolved individual disputes?...
View ArticleEpisode 181: The Dragon
We talk with our colleague Sandy Mayson about the use of algorithms in criminal law decisionmaking - and especially their troubling and difficult to disentangle incorporation of race. From bail to...
View ArticleEpisode 186: Ephemeral
Exactly five years after our first show, we record a conversation on the ephemeral or perduring nature of podcasts and blogs, dockless scooters and local regulation, and viewer mail.
View ArticleEpisode 187: Both Sides of the V
Jocelyn Simonson returns to the show to wake us up to the many public interests on both sides (and no sides and all sides) in criminal cases. We discuss whether prosecutors are synonymous with "the...
View ArticleEpisode 198: The Means of Randomization
How would you feel if you found out you were unwittingly the subject of an experiment testing two alternatives? You got A, and another group got B. Many people object to this. But what if neither A nor...
View ArticleEpisode 206: What Are We?
Joe and Christian discuss Christian's latest paper, on the way we define and separate markets, including European football, campaign finance, surrogate motherhood, and water bottles in disaster zones....
View ArticleEpisode 207: Bribery
Sometimes in law, as in other areas of life, we think we know something, but the more we think about, the more we realize we don't know it at all. Legal scholars have focused on puzzles like this...
View ArticleEpisode 208: Competition Corner
We discuss a proposal by Sen. Hawley to abolish, more or less, the Federal Trade Commission, the agency that administers consumer protection and antitrust laws, and place its responsibilities in the...
View ArticleEpisode 209: The Gun Subsidy
We are joined by our student, Justin Van Orsdol, who has co-authored a paper with Christian about a new approach to the gun violence crisis. Justin Van Orsdol's writing Christian Turner and Justin Van...
View ArticleEpisode 212: House of Worship
We discuss the Supreme Court's (I know, I know) decision in Roman Catholic Diocese v. Cuomo.
View ArticleEpisode 214: Small Claims
In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we...
View ArticleEpisode 216: Mac-a-tizer
Joe and Christian talk about the pandemic and, then, some nonsense.
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