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Unpublished Opinions
Institute for Justice
19 episodes
2 days ago
What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.
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All content for Unpublished Opinions is the property of Institute for Justice and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.
Show more...
News
Government
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Unpublished Opinions 16 | Rings of a Hoary Oak Tree
Unpublished Opinions
51 minutes 57 seconds
4 months ago
Unpublished Opinions 16 | Rings of a Hoary Oak Tree
A new edition of everyone’s favorite legal grimoire has dropped, and John Wrench convenes Sam Gedge and Diana Simpson to ask the hard questions: Is the Bluebook a sacred scroll, or an eldritch horror that feeds on the souls of each new generation of lawyers? The party ponders the secrets revealed by a Bluebook insider, including the mysterious process behind some controversial changes in the newest edition. See, e.g., Bluebook at Rule B5.3 (discussing new “citation modified” parenthetical) (cleaned up). From there, they turn from one arcane text to another: Dictionaries are often treated as skeleton keys for unlocking original meaning, but it turns out they require careful handling lest they be misread or misused. The journey wraps with reflections on how—with the recent Skrmetti decision as a case study—public interest litigation often demands hard judgment calls about whether to press forward or hold back, how to weigh principle against timing, and what “victory” looks like.



Jack Metzler, Cleaning up Quotations



M. Burke Craighead, The Bluebook: An Insider's Perspective



Scalia & Garner, A Note on the Use of Dictionaries



New York times piece on Skrmetti



Jennifer Mascott, The Dictionary as a Specialized Corpus
Unpublished Opinions
What do Institute for Justice attorneys think about the law? Listen into their roundtable conversations where they give their unrehearsed and “unpublished” opinions on matters beyond the federal courts of appeals. From the latest Supreme Court cases to legal history to trial tactics, IJ attorneys have much to share and (politely, but spiritedly) disagree with each other about.