The War Between the States

We heard you. The chorus of voices asking “where is Con Law? Where is Professor Elizabeth Joh to guide us through this madness? We need it now more than ever!” Well, here it is. We’re back with a special extra-long episode about Trump’s perverted use of the Alien Enemies Act to d ... Show More

No matter what happens on Election Day, Trump and his allies have already put legal challenges in motion. Here’s what a nerdy agency, hanging chads, and zombie lawsuits can tell us about how all this could play out. 

Falsely claiming there is a wave of violence perpetrated by migrants, Trump has threatened mass deportations under the broad and terrifying powers of the Alien Enemies Act. 

Abortion, environmental protections and gun ownership rights are among the controversial topics the US Supreme Court has ruled on over recent weeks. The highest court in the land has the final say on interpreting laws and deciding what’s constitutional and what isn’t. Now - with ... Show More

What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, ... Show More

When it comes to industrial policy, the government usually has good intentions. Like the Jones Act. This obscure maritime law was meant to protect US shipping and manufacturing. But now we're dealing with the unintended consequences of federal policy. Scott Lincicome from CATO ex ... Show More

Twice in 2023, the American government faced the prospect of having to shut down because politicians in congress couldn’t agree on a budget to fund it. Each time, a shutdown was narrowly averted – by last minute, short-term deals.Now, a third deadline is looming in mid-January. I ... Show More

A dispute going back to 2013 involving Russia and Ukraine and $3 billion in bonds has revived a discussion about a legal concept called odious debt. What is it and how does the current conflict complicate the case? 

In this episode... Professor Alexander Greenawalt discusses shares his thoughts, and predictions about California v. Texas, a case pending before the Supreme Court. Among other noteworthy issues, Professor Greenawalt discusses whether Congress has the power under the US Constitut ... Show More

As president, he says he can’t have a conflict of interest with his businesses. But that interpretation turns the ethics laws on their head. 

Treasury Secretary Janet Yellen says that the U.S. government could default on its loans as early as June 1st, if an agreement on the debt ceiling isn't reached in Congress. If the debt ceiling isn't raised, we'd likely face a government shutdown. Today, Nicole explains what a go ... Show More

On today’s show we are taking a snapshot look at how one state is trying to address housing affordability.  Home pricing follows the laws of supply and demand. Sellers put their home on the market and buyers place an offer. That price might be low than asking price, higher than a ... Show More