Oral Argument – Details, episodes & analysis

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Oral Argument

Joe Miller and Christian Turner

Society & Culture

Education

Frequency: 1 episode/12d. Total Eps: 218

A podcast about law, law school, legal theory, and other nerdy things that interest us.

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Apple Podcasts

🇬🇧 Great Britain - philosophy
15/09/2025
#84
🇬🇧 Great Britain - philosophy
29/03/2025
#90
🇬🇧 Great Britain - philosophy
28/03/2025
#93
🇬🇧 Great Britain - philosophy
03/11/2024
#84
🇩🇪 Germany - philosophy
09/10/2024
#86

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https://en.wikipedia.org/wiki/JFK_
2 shares
http://en.wikipedia.org/wiki/Net_neutrality
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http://en.wikipedia.org/wiki/Content_delivery_network
2 shares

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Score global : 43%

Publication history

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Episode 217: Except as to Part I(A) Yada Yada

Thursday, February 25, 2021 • Duration 01:11:24

We discuss the morality of concurring and dissenting. And the usual nonsense.

Episode 216: Mac-a-tizer

Wednesday, January 27, 2021 • Duration 59:56

Joe and Christian talk about the pandemic and, then, some nonsense.

Episode 207: Bribery

Friday, January 31, 2020 • Duration 01:22:17

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 before, like why blackmail should be illegal. Deborah Hellman joins us to discuss her attempt to answer a question you might not have known you had: What is wrong with bribery, and what is bribery anyway? The difficulties here shed some light on recent events. Deborah Hellman's faculty profile and writing (https://www.law.virginia.edu/faculty/profile/dh9ev/2299809) Deborah Hellman, A Theory of Bribery (https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2828840) [Oral Argument 206: What Are We?][ep206] [ep206]: https://oralargument.org/206 Special Guest: Deborah Hellman.

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Episode 117: Coarsening

Friday, November 11, 2016 • Duration 01:06:32

The election. And then viewer mail on media for scholarship and ideas, suspense and emotional salience in judicial opinions, and a little more. This show’s links: Oral Argument 106: Legal Asteroid (http://oralargument.org/106) Robert Bolt, A Man for All Seasons (https://en.wikipedia.org/wiki/A_Man_for_All_Seasons) David Souter on the Danger of America’s “pervasive civic ignorance” (video) (https://www.youtube.com/watch?v=rWcVtWennr0) Oral Argument 105: Bismarck’s Raw Material (guest Tim Meyer) (http://oralargument.org/105) Oral Argument 112: Quasi-Narrative (guest Simon Stern) (http://oralargument.org/112) Popov v. Hayashi (http://news.findlaw.com/hdocs/docs/bonds/popovhayashi121802dec.pdf) Oyez page for NFIB v. Sebelius (https://www.oyez.org/cases/2011/11-393) (select Opinion Announcement, part 1, for the relevant portion of the hand-down) Oral Argument 113: The Entrails of Fowl (guest Charles Barzun) (http://oralargument.org/113) Paul Horwitz, On “The Troublesome Use of Photographs . . . and Other Images” in Federal Court Opinions (http://prawfsblawg.blogs.com/prawfsblawg/2016/10/on-the-troublesome-use-of-photographs-and-other-images-in-federal-court-opinions.html) Blackmun’s dissent in DeShaney v. Winnebago County Department of Social Services (https://www.law.cornell.edu/supremecourt/text/489/189#writing-USSC_CR_0489_0189_ZD1) Jamal Greene, Pathetic Arguments in Constitutional Law (http://columbialawreview.org/wp-content/uploads/2016/04/Greene-J..pdf) The Oral Argument Index (http://www.hydratext.com/oralargumentindex/) David Ziff, The Worst System of Citation Except for All the Others (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2862090)

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Episode 116: Co-Authorial Privilege

Friday, November 4, 2016 • Duration 01:18:40

We’ve been asking for a true originalist to take us to the woodshed for all our prior doubts and dismissiveness of originalism as a method of interpretation. Enter Will Baude. This show’s links: William Baude’s faculty profile (http://www.law.uchicago.edu/faculty/baude) and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=398074) About Ben Linus (https://en.wikipedia.org/wiki/Ben_Linus) First Mondays (http://www.firstmondays.fm) Legal Theory 101 (http://www.hydratext.com/legal-theory-101/) (and corresponding blog post (http://www.hydratext.com/blog/2016/11/2/legal-theory-101)) William Baude and Stephen Sachs, Originalism’s Bite (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2851986) William Baude and Stephen Sachs, The Law of Interpretation (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2783398) William Baude, Is Originalism Our Law? (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2672631) Oral Argument 113: The Entrails of Fowl (http://oralargument.org/113) (guest Charles Barzun) Lawrence Solum, Semantic Originalism (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1120244) Stephen Sachs, Originalism as a Theory of Legal Change (http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=6059&context=faculty_scholarship) Richard Re, Promising the Constitution (http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1230&context=nulr) Two debates about interpretation between Justices Breyer and Scalia: Annenberg Classroom (http://www.annenbergclassroom.org/page/a-conversation-on-the-constitution-judicial-interpretation) and a joint Federalist Society and ACS event (https://www.youtube.com/watch?v=_4n8gOUzZ8I) Richard Posner, Supreme Court Breakfast Table Entry 27: Broad Interpretations (http://www.slate.com/articles/news_and_politics/the_breakfast_table/features/2016/supreme_court_breakfast_table_for_june_2016/richard_posner_clarifies_his_views_on_the_constitution.html) Radiolab Presents: More Perfect, The Political Thicket (http://www.wnyc.org/story/the-political-thicket) Mary Sarah Bilder, Madison’s Hand: Revising the Constitutional Convention (https://www.amazon.com/Madisons-Hand-Revising-Constitutional-Convention/dp/0674055276); see also a conversation with Bilder at the National Constitution Center (https://www.c-span.org/video/?401572-3/madisons-hand) Special Guest: William Baude.

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Episode 115: Gonna Work? (Live at the Tech Law Institute)

Friday, October 28, 2016 • Duration 59:32

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, federalism, trolley problems, and more.

This show’s links:

Oral Argument 80: We’ll Do It LIVE!
NHTSA, Federal Automated Vehicles Policy
RAND, Autonomous Vehicle Technology: A Guide for Policymakers
Duncan Black, some posts on self-driving cars: Not Gonna Work, No One Will Listen to Me, Spot the Key Phrase, "the revolutionary transportation technology”….
Chris Martin and Joe Ryan, Super-Cheap Driverless Cabs to Kick Mass Transit to the Curb
Tesla, All Tesla Cars Being Produced Now Have Full Self-Driving Hardware (announcement includes a vide demonstration)
About Tesla’s Autopilot feature (also Tesla’s page on Autopilot)
Alex Davies, Everyone Wants a Level 5 Self-Driving Car – Here’s What That Means

Episode 114: Tort Festivity

Thursday, October 20, 2016 • Duration 01:08:57

Causation and responsibility are interrelated, crucial, and yet puzzling concepts in law. With tort scholar Shahar Dillbary, we explore situations in which spectators “cause” accidents in a drag race that they merely witness and in which the more tortfeasors there are, the better. Also, burning Christian’s car and an update on Joe’s recent cold.

This show’s links:

Shahar Dillbary’s faculty profile and writing
The Election Profit-Makers Podcast
Shahar Dillbary, Causation Actually
About the Learned Hand formula for negligence
Shahar Dillbary, Tortfest

Special Guest: Shahar Dillbary.

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Episode 113: The Entrails of Fowl

Saturday, October 1, 2016 • Duration 01:25:53

Is originalism required by our law? We chat with Charles Barzun about his critique of the inclusive originalists, the new movement to claim that an originalist interpretive method is not only a good choice among possible methods but is the method which is mandated by a positivist approach to our law.

This show’s links:

Charles Barzun’s faculty profile and writing
Charles Barzun, The Positive U-Turn
William Baude and Stephen Sachs, The Law of Interpretation
William Baude, Is Originalism Our Law?
Oral Argument 98: T3 Jedi (guests Jeremy Kessler and David Pozen)
Scott Shapiro, Legality (Amazon and Google Books)
Brown v. Board of Education; Jack Balkin and Bruce Ackerman (eds.), What Brown v. Board of Education Should Have Said
Charles Barzun, Inside/Out: Beyond the Internal/External Distinction in Legal Scholarship
Oral Argument 77: Jackasses Are People Too (guest Adam Kolber)

Special Guest: Charles Barzun.

Episode 112: Quasi-Narrative

Friday, September 23, 2016 • Duration 01:12:36

Is legal writing narrative? How about judgments, appeals, testimony? We talk with Simon Stern about narrative and its techniques and effects, suspense, dicta, authorial purposes, a crazy idea for a novel, mathematical proofs, and more.

This show’s links:

Simon Stern’s faculty profile and writing
Simon Stern, Narrative in the Legal Text: Judicial Opinions and Their Narratives
William Blackstone, Commentaries on the Laws of England, Book II: Of the Rights of Thing (Simon Stern, ed.); Simon’s introduction to the volume
William Brewer and Edward Lichtenstein, Event Schemas, Story Schemas, and Story Grammars
About the Paradox of Suspense
Jonathan D. Leavitt et al., Story Spoilers Don’t Spoil Stories; Jonathan D. Leavitt et al., The Fluency of Spoilers: Why Giving Away Endings Improves Stories
Circles Disturbed: The Interplay of Mathematics and Narrative (Apostolos Doxiadis and Barry Mazur, eds.) (Introduction to the book)
Mitchel Lasser,

Special Guest: Simon Stern.

Episode 111: A Random Walk

Friday, September 16, 2016 • Duration 01:14:31

The merits of going live-to-tape, RSS woes, podcasts, mailbag, judges and voting, decisionmaking machines, breaking the law by not facilitating others’ breaking the law, shipping Perceiving Law, cutting one’s favorite scene, a mysterious phone call.

This show’s links:

Info about the Technology Law Institute seminar at which we will record an episode in front of a live studio audience
Michael Clemente, A Reassessment of Common Law Protections for “Idiots”; Michael Clemente, Executing Idiots; Adam Liptak, Supreme Court to Consider Legal Standard Drawn from “Of Mice and Men”
Christian Turner, Perceiving Law (ssrn or socarxiv)
Joseph Miller, A Modest Proposal for Expediting Manuscript Selection at Less Prestigious Law Reviews (ssrn or digital commons)

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Oral Argument – Details, episodes & analysis

Podcast details

Recent rankings

Apple Podcasts

Spotify

Shared links between episodes and podcasts

RSS feed quality and score

Publication history

Latest published episodes

Related Shows Based on Content Similarities

Apple Podcasts

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Related Shows Based on Content Similarities

Oral Argument – Details, episodes & analysis

Podcast details

Recent rankings

Apple Podcasts

Spotify

Shared links between episodes and podcasts

Other99+

Wikipedia99+

Amazon67

RSS feed quality and score

Publication history

Latest published episodes

Similar podcasts and content

Related Shows Based on Content Similarities

Apple Podcasts

Spotify

Related Shows Based on Content Similarities

Other99+

Wikipedia99+

Amazon67