Advisory Opinions

Latest Episodes:

Mar-a-Lago Search Part of Espionage Act Investigation Aug 16, 2022

Show notes

Ed O'Callaghan, partner at WilmerHale and former principal associate deputy attorney general, joins David and Sarah to discuss the news that the FBI’s search of former President Donald Trump’s home is part of an investigation into possible violations of the Espionage Act. What does that mean? How does this all work?

Show Notes:

-French Press: Apply the Hillary Clinton Rule to Donald Trump

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Kevin Stroud Talks the History of English Aug 11, 2022

Show notes

Kevin Stroud, creator and voice of the History of English podcast, joins David and Sarah for an exciting deep dive into the history of the English language and the roots of legalese. Stroud traces the complex history of Old English, Old Norse, French, and Latin words within the American legal system, and details the story behind the first written Old English code of law. Plus: What roles do poetry and alliteration play in the court? And why does language evolve so much over time?

Show Notes:

-History of English podcast

-Law of Æthelberht

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FBI Searches Trump's Home: What Does it Mean? Aug 09, 2022

Show notes

Sarah and David get together for an emergency episode to discuss the FBI’s search of former President Donald Trump’s home at Mar-a-Lago on Monday. What does it all mean? How does a federal investigation of a senior official work, and what happens next? Plus: some possible theories and explanations that might shed some light on the events of yesterday.

Show Notes:

-TMD: The FBI Raids Trump’s Home

-Andy McCarthy in National Review: The FBI’s Mar-a-Lago ‘Raid’: It’s about the Capitol Riot, Not the Mishandling of Classified Information

-Marc Elias Twitter thread

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Shouting Fire in a Crowded Theater Aug 09, 2022

Show notes

Sarah and David tackle the events of last week: the verdict in the Alex Jones case, and the story of Breonna Taylor and the court’s surprising indictments of several police officers. Should there be monetary limits on punitive damages? And why, in this day and age, does everything need to be entertaining? Plus: Our hosts explore what court precedent actually lurks behind the concept of shouting “Fire!” in a crowded theater.

Show Notes:

-New York Times: What To Know About Breonna Taylor’s Death

-French Press: Supreme Court Precedent Killed Breonna Taylor

-U.S. v. Perez

-Schenck v. United States

-New York Times: I Didn’t Want It to be True, But the Medium Really is the Message

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Justice Department Sues Idaho Over Abortion Law Aug 04, 2022

Show notes

Sarah and David have a lot to talk about as the midterm primaries wrap up and federal lawsuits are filed stateside. What is former President Trump’s role in the midterm elections, or does he even have one? Also on the agenda: near-total abortion bans and pro-life amendments face a difficult path in Idaho and Kansas, and Justice Samuel Alito goes to Rome.

Show Notes:

-The Sweep: What We Learned

-Blake Masters campaign ad

-Washington Post: Justice Dept. sues Idaho over near-total abortion ban coming Aug. 25

-Idaho Statutes

-French Press: A Crucial Court Case Exposes the Darkness of America’s Worst Industry

-Fleites v. MindGeek

-Justice Samuel Alito delivers keynote address in Rome

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Steven Pressfield on Writing Historical Fiction Aug 02, 2022

Show notes

It’s August, and so David and Sarah are taking a break from court coverage and legal issues. Steven Pressfield, author of A Man at Arms, joins Sarah and David to kick off the month with a deep dive into what it’s like to write historical fiction set in the ancient world. Pressfield explains his mechanisms for creating fascinating stories and three-dimensional characters. What is the key to bringing history back to life? Plus: Steven gives some tried-and-true advice to aspiring writers.

Show Notes:

-A Man at Arms

-Steven Pressfield’s books

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Judge Rudofsky Talks Corpus Linguistics Jul 28, 2022

Show notes

Arkansas federal district judge Lee Rudofsky joins Sarah and David to give a guided tour of corpus linguistics, a recent but fascinating tool for jurists. How do corpus linguistics help define constitutional concepts and definitions? Plus, our hosts pick apart an article about the possible leaker of the Dobbs v. Jackson Women’s Health opinion.

Show Notes:

-Wilson v. Safelite

-New York State Rifle & Pistol Assn., Inc. v. Bruen

-Salt Lake City Corp. v. Haik

-Muscarello v. United States

-United States v. Rice

-CNN: The inside story of how John Roberts failed to save abortion rights

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Judge Luttig Talks Electoral Count Act Reform Jul 26, 2022

Show notes

Former federal judge John Michael Luttig joins Sarah and David to detail his involvement in the events leading up to January 6, 2021. He reveals the story behind his tweet thread on January 5 that ended up on the front page of the New York Times, and the problems with the Electoral Count Act of 1887. Plus: Luttig walks us through his comprehensive, published study refuting election fraud claims in the 2020 election.

Show Notes:

-Judge Luttig’s January 6 testimony

-Judge Luttig’s January 5 tweet thread

-Lost Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Election

-The Dispatch: A 2020 Election Report ‘By Conservatives, For Conservatives’

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A Conversation About Academic Freedom Jul 21, 2022

Show notes

David and Sarah return to discussions they had with their last guest, professor Akhil Amar, including living constitutionalism and the question of whether to let voters or jurists decide issues of justice. Then our hosts dive into the University of Pennsylvania controversy concerning the limits of academic freedom at the private Ivy League institution. Plus: the Biden administration’s bid to clarify abortion protections in the Emergency Treatment and Active Labor Act.

Show Notes:

-AO: Akhil Amar Talks Liberal Originalism

-University of Pennsylvania Law Dean’s Report Regarding Amy Wax

-Biden admin looks to protect doctors providing emergency abortions, and warn those who don’t

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Akhil Amar Talks Liberal Originalism Jul 19, 2022

Show notes

Sarah and David kick off the week with an exciting discussion of liberal constitutional originalism with Akhil Amar, author of The Words That Made Us: America’s Constitutional Conversation, and constitutional law professor at Yale University. Our guest gives a dynamic perspective of the decision in Roe v. Wade, as well as dives into the nitty-gritty of the varying modes of constitutional interpretation. Who gets to decide what the common good is? Are philosophers really as smart as they think they are?

Show Notes:

-The Words That Made Us: America’s Constitutional Conversation

-Amarica’s Constitution

-Eradicating Bush-League Arguments Root and Branch: The Article III Independent-State-Legislature Notion and Related Rubbish

-Time: Why Liberal Justices Need to Start Thinking Like Conservatives

-New York Times: The Constitution Is More Than a Document—It’s a Conversation

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