Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr
Summary
Sarah Isger and David French analyze Justice Kagan’s Ninth Circuit remarks, new data on justices’ questioning styles, and the legal nuance of stipulations regarding grant cancellations. They discuss reporter subpoenas and First Amendment press freedoms with guests Rory Little and Orin Kerr. The episode also covers the Supreme Court’s pro-defendant criminal rulings and the landmark Fourth Amendment decision in *Chatri*.
Topics discussed
Intro, SCOTUS Blog Summit promo, and ad breaks
Justice Kagan's speech at the Ninth Circuit Conference
Analysis of Supreme Court oral argument questioning styles
Legal distinction between stipulations and admissions
Subpoenas to reporters and First Amendment press freedom
Medieval torture, the two-witness rule, and treason
Criminal law trends and the conservative court's pro-defense stance
Fourth Amendment privacy in the digital age (Chatterjee case)
Plea bargaining as modern torture and systemic coercion
The necessity and volume of plea bargains in the justice system
Closing thoughts on criminal law, originalism, and surveillance
Teaser for next episode on government speech and books
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