June 18, 2008


Listen to the Episode


From The Official Website:

Today’s episode takes a deep dive into two recent 8-1 decisions by the Supreme Court: Collins v. Virginia and Sveen v. Melin. What makes a decision nearly unanimous, and what causes that lone Justice to dissent? Listen and find out!
Our first 8-1 case involves two unique aspects of the 4th Amendment: the “curtilage” exception and the “automobile” exception. Which one takes precedence, why, and which Supreme Court justice vehemently disagreed? Find out if you agree with Thomas — and whether the law is “a ass.” (Seriously!)

Our second 8-1 case is Sveen v. Melin, which involves whether the state of Missouri can legislate certain presumptions regarding “governing instruments.” It’s the Contracts Clause! Seem arcane? It won’t after you listen to our breakdown!

After that, we answer a fun listener question about how a law firm makes someone a partner in light of our assessment of the Eagan Avenatti law firm in Episode 181.

Finally, we end the answer to Thomas Takes The Bar Exam #80 regarding negligence per se and an impromptu ice rink.

Show Notes & Links

  1. Click here to read the Supreme Court’s opinion in Collins v. Virginia, and here to check out Sveen v. Melin.
  2. The other decision Andrew referred to was the landmark case of Shelley v. Kraemer, 334 U.S. 1 (1948).

Law Talkin' Stuff

It's in the Constitution
Lawsplaining
Law Court Thingies
Magic Law Words

Organizations

People

References


Content

  • [00:00:00] Intro
  • [00:01:49] Dissents in 8-1 Supreme Court cases
  • [00:03:54] Breakin' (Down) the Law: Collins v. Virginia
    • [00:08:09] What counts as an expectation of "secure in your home" for reasons of privacy
    • [00:11:44] Justice Smith's opinion
    • [00:13:06] The Monty Hall Problem problem
    • [00:16:14] The dissent
  • [00:24:22] Sveen v. Melin
    • [00:30:14] The Contracts Clause
    • [00:32:06] Justice Smith's opinion
  • [00:35:52] Commercial
    • [00:37:54] The problem with The Monty Hall Problem problem
    • [00:39:38] The dissent
  • [00:53:06] Listener Questions: How to law firm partners pick new partners?
  • [01:00:24] New Patron Tuesday
  • [01:02:14] Thomas Takes the Bar Exam: Admission of violation of ordinance (answer)
  • [01:07:25] Outro

(The time stamps above are derived from the audio provided on the official website; they may vary from audio without ads that are provided through the patreon feed.)