
The Problem With Multidistrict Litigation
02/06/24 • 76 min
1 Listener
Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions?
The Agenda:
—Justice Breyer’s jurisprudence
—Judging vs. personal value judgments
—David’s cringe a cappella group name
—Constitutionality of magistrate judges
—How to fix forum shopping
—MDLs, explained
—The pros and cons of MDLs
—How to become a judge
—Judge Chhabria’s clerk hiring process
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Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions?
The Agenda:
—Justice Breyer’s jurisprudence
—Judging vs. personal value judgments
—David’s cringe a cappella group name
—Constitutionality of magistrate judges
—How to fix forum shopping
—MDLs, explained
—The pros and cons of MDLs
—How to become a judge
—Judge Chhabria’s clerk hiring process
Learn more about your ad choices. Visit megaphone.fm/adchoices
Previous Episode

Reading the Founders’ Minds
Judge John K. Bush of the Sixth Circuit Court of Appeals joins Sarah to discuss the method and merits of the "history and tradition test." But first, Sarah and David dive into some Supreme Court gossip.
The Agenda:
—Addressing Justice Sotomayor's comments
—David's gross speculation
—More immigration talk
—The problem with Remain in Mexico
—Why we have hate crimes
—Tiers of scrutiny
—The problems with "history and tradition"
—How to become a clerk for Judge Bush
—How Judge Bush judges judging
Show Notes:
—Judge Bush's profile at the Federalist Society
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Next Episode

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The D.C. Circuit Court of Appeals has unanimously decided that Donald Trump is not immune from prosecution. On today's emergency pod, Sarah and David react to the decision's substance and how the timing affects the election.
The Agenda:
—Timing is everything
—Word of the day: estoppel
—Will SCOTUS take the case?
—The opinion’s flaws
—Whatis a president immune from?
—What is an official act?
—The parade of horribles argument
—Why the Colorado disqualification case is relevant
—The New Yorker: Sarah Isgur's Majority Report
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