Advisory Opinions

Latest Episodes:

A Mumbling Indictment Apr 05, 2023

Show notes

Sarah and David are back for a Wednesday (!) episode to give the people what they want: a review of Trump’s indictment. The verdict? Not great. Also:

A Twitter user convicted over trolling Hillary Clinton supporters
SCOTUS back-scratching?
The Justices are taking their time
Justice Ketanji Brown Jackson's praiseworthy approach to equity

Show Notes:

-What You Need to Know About the Trump Charges

-Social Media Influencer Douglass Mackey Convicted of Election Interference in 2016 Presidential Race

Learn more about your ad choices. Visit megaphone.fm/adchoices

Tennessee Law Drags On Apr 04, 2023

Show notes

The AO train keeps rolling after Saturday’s emergency pod with an episode chock-full of legal conundrums, fatal contracts, and (one) happy ending.

-Weird vibes on SCOTUS case about immigration and the First Amendment

-Tennessee's anti-drag statutes... (Or: David is very, very tired)

-Fox and defamation

-A goat’s fatal fate

-One commenter comes after David over campaign finance laws

-A question concerning personal jurisdictions

-A special shout out to one circuit judge (#TeamWillettWranglers)

Show Notes:

-Video: Sarah Isgur recorded live at Harvard, Disney v DeSantis

-Tennessee Drag: Order Granting Temporary Restraining Order

Learn more about your ad choices. Visit megaphone.fm/adchoices

...But Was It a Crime? (Live From Harvard) Apr 02, 2023

Show notes

Sarah and David return to Harvard Law School to beguile the next generation with stories of squirrel rescues and FedSoc of yore. Oh yes, and to discuss the Trump indictments.

-FedSoc: Generations

-What we don't know about the Trump indictments

-Sarah and David, criticized

-Stretching the facts // Stretching the law

-What happens now?

-Alan Dershowitz reminiscence

-DeSantis and the Questionable Circumstances Exception Standard

-Q&A

Bonus discussion: Jonesing for Sarah's explainer on anti-perpetuity?Check it out on The Dispatch PodcastsYouTube channel.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Sarah VS Serial Mar 30, 2023

Show notes

Sarah and David spin through a carousel of cases, argue about theoretical swastikas, debate the merits of true crime content, and even bring on returning guest Christopher Bogart to discuss commercial litigation (and why you should really care!). The journey includes:

When Gorsuch sided with Donziger
Jack Daniels and Bad Spaniels: Trademark wars
Things Lisa Blatt can get away with that no one else can (so for the love of God, don’t even try)
Justice Jackson calling to reign in Munsingwear Vacatur
Sarah’s beef with true crime (or: when Sarah lost the internet)
Texas West A&M University President gives double middle fingers to the law
Hostile learning environment vs the First Amendment
And finally, a guest breakdown on worrying trends in commercial litigation

Show Notes:

-Substack piece regarding Stormy Daniels Trump Prosecution

Learn more about your ad choices. Visit megaphone.fm/adchoices

Free Speech Re-Education Camp Mar 28, 2023

Show notes

Sarah and David divide and conquer in an especially busy episode. Following a bright announcement from host emeritus, we delve into...

Trump’s possible defense against the Manhattan DA
Congress moving forward on a TikTok ban, but is it constitutional?
Is a bad joke to an admissions officer relevant to the Harvard discrimination case?
Stanford Dean’s public letter
A memo for young lawyers.

Show Notes:

-There's a problem with banning TikTok. It's called the First Amendment

-Stanford Dean: Diversity and Free Speech Can Coexist at Stanford

-The Secret Joke At The Heart Of The Harvard Affirmative-Action Case

-A Plea for Free Speech in Boston

-Judge Lee Rudofsky's Memo

Learn more about your ad choices. Visit megaphone.fm/adchoices

Trumped Up? Mar 23, 2023

Show notes

With possible Trump indictments looming, Sarah and David meet face to face to discuss. Will the Manhattan D.A. set a precedent on prosecuting a former president based on a shaky theory of law?

From New York to Georgia, the indictments are coming..(?)
We need a better political class in the country
The Bob McDonnell Option
The Rule of "Bad Guy Goes to Jail"
WTF Rand Paul (and House Republicans)
Also: Sarah's news

Show Notes:

Sentencing Memorandum for Michael Cohen

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Walk of Shame (Is Protected Speech) Mar 16, 2023

Show notes

Stanford Law School students want to have it both ways on speech rights, which means you get to enjoy a firey sequel to Tuesday's epic, infinity-long episode! Plus...

-Your comments on the Stanford Squeeze, answered

-Stanford dean getting the Game of Thrones walk of shame treatment

-Sarah is on a journey

-A brief aside on Amy Wax

Show Notes:

-Article: Law Schools Must Stop Intolerance From Disruptive Students

-Wax's Grievance Letter

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Stanford Squeeze (w/ Judge Kyle Duncan & David Lat) Mar 14, 2023

Show notes

By now you've probably heard about Judge Duncan's bad day at Stanford Law School. No worries if not, because this Marvel-length special episode will leave no question unanswered. To complete the autopsy, Sarah and David are joined by Original Jurisdiction's David Lat and the man of the dark hour himself, Fifth Circuit Judge Kyle Duncan. They discuss the Stanford standoff and the ongoing trend of student disruptions, the response from Stanford administrators, whether shouting down speakers is a form of speech, how the judge responded to the students and whether he thinks federal judges should boycott the school, and more. Prepare yourself for a two-hour marathon that will leave you wondering, was the juice worth the squeeze?

Show Notes:

-David Lat: Yale Law is no longer #1 for free speech debacles

-Ed Whelan on Stanford Law (includes video)

-David Lat on ideological diversity in law firms

-David Lat's follow-up piece

-Article: Stanford Tells Federalist Society Students To 'Reach Out' to Diversity Dean Who Encouraged Disruption of Their Event—and To Shut Up on Twitter

Learn more about your ad choices. Visit megaphone.fm/adchoices

The Sun Shines on in Kentucky Mar 09, 2023

Show notes

David and Sarah are coming to you from live from the University of Kentucky answering the most pressing legal questions:

-Is wokeism a religion?

-Can an employer only hire like-minded people?