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Oral Argument
Joe Miller and Christian Turner
218 episodes
9 months ago
A podcast about law, law school, legal theory, and other nerdy things that interest us.
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Philosophy
Education,
Society & Culture
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All content for Oral Argument is the property of Joe Miller and Christian Turner 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.
A podcast about law, law school, legal theory, and other nerdy things that interest us.
Show more...
Philosophy
Education,
Society & Culture
Episodes (20/218)
Oral Argument
Episode 217: Except as to Part I(A) Yada Yada

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

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4 years ago
1 hour 11 minutes 24 seconds

Oral Argument
Episode 216: Mac-a-tizer

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

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4 years ago
59 minutes 56 seconds

Oral Argument
Episode 215: Whirlpool of Garbage

We discuss the march on the Capitol and... all this.

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4 years ago
1 hour 30 minutes 54 seconds

Oral Argument
Episode 214: Small Claims

In this holiday spectacular, we talk about small claims. In particular, would a court for small copyright claims be a good or bad thing? You can probably guess what we each say. In exploring this, we consider the nature of dogs, hunters, and children.

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4 years ago
1 hour 15 minutes 22 seconds

Oral Argument
Episode 213: Blue Cheese Odyssey

Joe lowers the boom, and we start talking. In the 213th episode of this very serious podcast, we discuss: scams, flight simulators, flight, K2, Joe's blue cheese odyssey, olives, the nature of expertise, nihilism, and the adversary system. And other things as well.

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4 years ago
1 hour 11 minutes 9 seconds

Oral Argument
Episode 212: House of Worship

We discuss the Supreme Court's (I know, I know) decision in Roman Catholic Diocese v. Cuomo.

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4 years ago
1 hour 23 minutes 26 seconds

Oral Argument
Episode 211: Practice

Is this thing on? What did we miss?

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4 years ago
1 hour 24 minutes 46 seconds

Oral Argument
Episode 210: Exponential

Just Joe and Christian on the pandemic, new articles, and spring break.

  • Achieving A Fair and Effective COVID-19 Response: An Open Letter to Vice-President Mike Pence, and Other Federal, State, and Local Leaders from Public Health and Legal Experts in the United States
  • The President in discussion with pharma execs on a vaccine
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5 years ago
40 minutes 46 seconds

Oral Argument
Episode 209: The Gun Subsidy

We are joined by our student, Justin Van Orsdol, who has co-authored a paper with Christian about a new approach to the gun violence crisis.

  • Justin Van Orsdol's writing
  • Christian Turner and Justin Van Orsdol, The Gun Subsidy
  • Oral Argument 101: Tug of War

Special Guest: Justin Van Orsdol.

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5 years ago
1 hour 29 minutes 23 seconds

Oral Argument
Episode 208: Competition Corner

We discuss a proposal by Sen. Hawley to abolish, more or less, the Federal Trade Commission, the agency that administers consumer protection and antitrust laws, and place its responsibilities in the Justice Department. Antitrust, the unitary executive, independent agencies, Joe's Competition Commission, and more.

  • Josh Hawley, Overhauling the Federal Trade Commission
  • Mike Masnick, William Barr's Move to Rid the DOJ of Independence Shows One of Many Reasons Josh Hawley's FTC Plan Is Dangerous
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5 years ago
1 hour 5 minutes 1 second

Oral Argument
Episode 207: Bribery

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
  • Deborah Hellman, A Theory of Bribery
  • Oral Argument 206: What Are We?

Special Guest: Deborah Hellman.

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5 years ago
1 hour 22 minutes 17 seconds

Oral Argument
Episode 206: What Are We?

Joe and Christian discuss Christian's latest paper, on the way we define and separate markets, including European football, campaign finance, surrogate motherhood, and water bottles in disaster zones.

  • Christian Turner, The Segregation of Markets (SSRN) (SocArXiv)
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5 years ago
1 hour 40 minutes 18 seconds

Oral Argument
Episode 205: iBonus

Christian calls Joe out of the blue to celebrate our sixth anniversary and to talk about heroes.

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5 years ago
27 minutes 51 seconds

Oral Argument
Episode 204: Theocracy

We discuss new calls to integrate church and state. The conversation ranges over liberalism, religion, religious zeal, and, obviously, some nonsense.

  • Micah Schwartzman and Jocelyn Wilson, The Unreasonableness of Catholic Integralism
  • Adrian Vermeule, Integration from Within
  • Christina Deardurff, "The Depths of the Church Are Not to Be Disturbed": An interview with Adrian Vermeule
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6 years ago
1 hour 31 minutes 32 seconds

Oral Argument
Episode 203: Fifty-Four

On immaturity, defensiveness, art, the intellect, models, and the self. And mailbag on scholarship and practice, Title VII, and Star Trek. It's Joe's birthday.

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6 years ago
1 hour 43 minutes 20 seconds

Oral Argument
Episode 202: Conversations

We discuss dictionaries, up and down on maps, and excellence in seminar conversation.

  • Joseph Miller, Suggestions for Law School Seminars
  • Seminar Skills – Learning Collaboratively
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6 years ago
1 hour 24 minutes 27 seconds

Oral Argument
Episode 201: The Bag

Just Joe and Christian, lumbering into season 2, talking about tipping and fraud in the gig economy, bar exam fiascos, legal scholarship, and fireworks.

  • Andy Newman, DoorDash Changes Tipping Model After Uproar From Customers
  • Donna Hershkowitz, The State Bar of California, Statement on July 2019 Bar Exam Release of General Topics
  • Oral Argument 61: Minimum Competence (guest Derek Muller)
  • The Weeds, Vox's podcast for politics and policy, the episode Dysfunctional Federalism with David Schleicher is accessible within their player or, obv, in your podcast app
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6 years ago
1 hour 45 minutes 43 seconds

Oral Argument
Episode 200: Cite Me, Don't Slight Me

We kick off Season 2 with assorted nonsense before diving into our second SCOTUS round-up, which consists entirely of the Supreme Court's decision on the census citizenship question.

  • Dep't of Commerce v. New York
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6 years ago
2 hours 11 minutes 3 seconds

Oral Argument
Episode 199: Offended Observer

We discuss items from the mailbag and go ahead and conduct our annual, absurd Supreme Court round-up (fifty minutes in).

  • James Macleod, Ordinary Causation: A Study in Experimental Statutory Interpretation
  • Obriecht v. Splinter
  • Johari Canty, Florida Deputies Find Sign Warning Drivers About Upcoming Speed Trap
  • American Legion v. American Humanist Ass'n
  • Knick v. Township of Scott
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6 years ago
2 hours 11 minutes 27 seconds

Oral Argument
Episode 198: The Means of Randomization

How would you feel if you found out you were unwittingly the subject of an experiment testing two alternatives? You got A, and another group got B. Many people object to this. But what if neither A nor B was at all objectionable and in fact each is served up at many other places unilaterally and without reason for preferring one to the other? Why should we object to being randomly given A or B for the purpose of testing, when we would not object to having either uniformly and arbitrarily imposed? We are joined again by Michelle Meyer to discuss this problem, made famous recently by Facebook and other A/B testing entrepreneurs.

  • Michelle Meyer’s web page, faculty profile, and writing
  • Michelle Meyer et al., Objecting to Experiments that Compare Two Unobjectionable Policies or Treatments
  • Oral Argument 72: The Guinea Pig Problem (guest Michelle Meyer)

Special Guest: Michelle Meyer.

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6 years ago
1 hour 33 minutes 21 seconds

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