Deep Dive is now Beyond the Brief
Deep Dive is now becoming Beyond the Brief. We will still bring you the same great IJ-related content as before, but now in a studio setting. Stay tuned.
Apr 04, 2024•41 sec
Beyond the Brief
Hear about the cases, issues, and tactics advancing IJ’s fight for freedom—directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how—and why—we do what we do.
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Episodes
Will the Supreme Court Limit Police Power to “Stop and Frisk”?
Why so-called Terry stops are a threat to essential Fourth Amendment rights
Jan 20, 2022•39 min
These Inspectors Think “Open for Business” Means “No Warrant Required”
In Ohio, wildlife inspectors think that the law gives them permission to come into private businesses without permission—no probable cause or warrant required
Jan 13, 2022•30 min
When Can Your Past Bar You From a Job—And When Should It?
In Virginia, any one of 176 so-called barrier crimes can disqualify a person from work in certain occupations for life—no matter how old the conviction, how unrelated it is to the work the person desires to do, or how little it reflects the person’s fitness today. These laws kept IJ client Rudy Carey from fulfilling work as a substance abuse counselor for people he is uniquely fit to help. In today’s show, we talk about what happened to Rudy and how he is fighting against collateral consequences...
Jan 05, 2022•33 min
Grand Theft Auto in Wilmington, Delaware
In Wilmington, Delaware, any car with more than $200 in outstanding fines can be towed by private towing companies. Vehicle owners have no way to contest the tickets or seizure without first paying the city everything it demands in parking tickets, fines, fees, and penalties. If they can’t afford to pay in 30 days, the companies get to scrap their cars and keep their full value, returning nothing to the property owners and not even crediting part of the value of the car to the underlying fines. ...
Oct 21, 2021•26 min
IJ at 30: IJ President Scott Bullock on the Cases and Clients that Changed IJ and the Law (A Deep Dive Best Of)
Before he was IJ’s president, Scott Bullock spent 25 years as an IJ attorney. In this episode, he recounts his years in the trenches as a litigator, from the first case he litigated on behalf of African hairbraiders in Washington, D.C., to arguing at the 5th Circuit that Benedictine monks should be able to earn an honest living selling hand-crafted wooden caskets. Scott also discusses what went into launching IJ’s civil forfeiture initiative and the way that IJ client Russ Caswell helped set the...
Sep 28, 2021•31 min
Will the Supreme Court overturn its infamous decision letting developers take your property?
Though Susette Kelo’s fight to save her home from her city’s efforts to take it for a private developer ended in 2005, the fight against eminent domain abuse has continued. In today’s show, we revisit that landmark decision and talk about the aftermath and where the biggest eminent domain battles are happening now, from pretextual takings to “common carrier” seizures. We also discuss Eychaner v. Chicago and other signals that the Supreme Court is ready to correct its Kelo errors.
Aug 26, 2021•32 min
These People Lost $85 Million in an L.A. Heist…and the Robber was the FBI
In March 2021, FBI agents broke into private safe deposit boxes at the Southern California business U.S. Private Vaults and—though no individual box owner was suspected of wrongdoing—rifled through and cataloged owners’ belongings, then seized the contents. Property owners are fighting back, and in today’s episode, we talk about what happened, all the reasons that the government’s behavior was illegal and unconstitutional, and why protecting financial privacy is so crucially important for all Am...
Aug 09, 2021•31 min
Cities Caught Extracting Millions From Residents Through Fines and Fees Traps
In Episode 30 of Deep Dive, we talked about how fines for harmless property code violations could snowball into six-figure debt. All too often, municipalities set up these “taxation by citation” schemes to bolster city budgets—not protect public health and safety. Schemes like this are rife with due process problems, and in today’s episode, we discuss the way Kafka-esqe code enforcement systems in many cities make it very easy to incur ever increasing amounts of fines and fees—while erecting bar...
Jun 29, 2021•37 min
Supreme Court Shuts Down Police on Entering Your Home Without a Warrant
This term, the U.S. Supreme Court issued a unanimous opinion in Caniglia v. Strom, a case about the “community caretaking” exception to the general principle that police need a warrant before entering a home. In today’s episode, we talk about what the government and the property owner argued in that case and what the Court ruled. We also dig into the history of the community caretaker doctrine and the biggest current threats to Fourth Amendment protections against search and seizure.
Jun 21, 2021•31 min
This Florida Woman Got a $100,000 Fine for Parking in Her Own Driveway
After Sandy Martinez got a ticket from Lantana, Florida, for parking her car with its wheels slightly outside her driveway and on the grass in her yard, she didn’t know that she was being fined a whopping $250 per day by the town. Weeks later, when she learned about the fines, the bill had accrued to an eye-watering $101,750, and she realized that a harmless code violation had brought her to the brink of financial ruin. In today’s episode, we talk about how and why cities rely on fines and fees ...
May 24, 2021•33 min
These Laws Let Your Competitors Decide When Your Business is “Needed”
When IJ client Abdallah Batayneh tried to open a resort shuttle service in rural Colorado, his application was denied by a state regulatory agency at the same time it assured him that he was “operationally, managerially, and financially fit” to run his company. In today’s episode, we discuss how Abdallah became the victim of an outrageous legal regime that many states erected to protect existing businesses at the expense of new start-ups and customers—and how and why these laws should be elimina...
May 06, 2021•26 min
Law for Non-Lawyers – Standards of Review (A Deep Dive Best of)
What does it mean when courts apply “strict scrutiny” in their review of a law? Why do property, economic, and other vital liberties get only “rational basis” review? And why do these things matter to a constitutional litigator? Learn all this and more in today’s Deep Dive with the Institute for Justice. This episode originally aired October 29, 2019.
Apr 30, 2021•36 min
Bitcoin and the Constitution: Is Code Speech?
Although Bitcoin and other cryptocurrencies are hitting the mainstream, the way the law will treat them is still undeveloped. In this episode, we talk about how and whether the First and Fourth Amendments might apply to cryptocurrency, what kind of protection they offer, and ways to make sure the law develops in a way that protects innovation and opportunity.
Apr 13, 2021•39 min
“Predictive Policing” Algorithm Creates a Dystopian Nightmare for Residents of This Florida Town
When the Institute for Justice filed suit against the so-called predictive policing program in Pasco County, Florida, the Sheriff’s Office issued a statement saying that their program is not “in any way, shape or form the ideals or implementations projected in the film ‘Minority Report.'" But in this episode of Deep Dive, we discuss the chilling reality of a program that targets residents for possible future crimes based on a crude algorithm, as well as the program’s myriad constitutional violat...
Mar 29, 2021•29 min
Talking to a Client in the Wrong Location Makes This Counselor a Criminal
Elizabeth Brokamp is a professional counselor who just wants to help people at a time when many Americans need it more than ever. But if the Virginia resident tries to talk with clients just miles away in D.C., she will cited and fined for making a Zoom call. In today’s show, we talk about what she’s doing to fight back, and why her case is a crucial part of the fight to protect free speech.
Mar 11, 2021•29 min
Uses (and Misuses) of Amicus Briefs | (A Deep Dive Best Of)
IJ Senior Attorneys Robert McNamara and Paul Sherman discuss amicus briefs: what they are, where they came from, and how IJ—and others—use them for maximum impact.
Feb 24, 2021•38 min
Censorship, Dangerous Speech, and Monopolies
Big technology companies like Google, Twitter, and Facebook have come under scrutiny for the ways they are—and are not—controlling speech on their platforms. In today’s show, we talk with two IJ senior attorneys about some of the most common concerns people have about these companies, from free speech considerations to the ways they supposedly act as monopolies. We consider where the law is now on these issues, weigh some of the options that have been proposed to address them, and discuss ways t...
Feb 08, 2021•40 min
Security Guards Assault Innocent Vet at the VA—and Claim Immunity
What should have been a routine dental appointment at his local VA took a frightening turn for 70-year-old Jose Oliva when security guards tackled him and threw him to the ground, injuring and humiliating him. When he sought to hold them accountable for their outrageous behavior, he found that the law protected those who abused their power—not him. In this episode, we dig into his story and what it means for millions of Americans.
Jan 29, 2021•22 min
This Is What Happens When States Abolish Civil Forfeiture
In 2015, New Mexico abolished a controversial practice known as civil forfeiture. Critics of the reform claimed it would be a gift to criminals, increasing crime and making it harder for police to do their jobs. In this episode, we talk about what things look like in New Mexico now, five years post-reform. We also dig into the broader findings of new research that presents the largest-ever collection of state and federal forfeiture data.
Jan 12, 2021•21 min
Qualified Immunity: Are Government Officials Above the Law? (A Deep Dive Best Of)
Over the past several months, a national spotlight has been on the doctrine of qualified immunity. Although much of the recent focus has been on police misconduct, immunity shields all governmental workers: from city council members to code inspectors to IRS agents to cops on the beat. That’s more than 20 million people employed by local, state, and federal governments. In this episode, we talk about what the term means and how it came to be, as well as what it looks like in practice and why cha...
Jan 04, 2021•26 min
Property Rights and Homeless Shelters—What Has the Supreme Court Said?
The Catherine H. Barber Memorial Homeless Shelter is the only option for people experiencing temporary homelessness in all of Wilkes County, North Carolina. It’s been serving the community there for more than 30 years, and its record is exemplary. But when the shelter tried to apply for a permit for a new building in an ideal location (near businesses and public transit but far from residential areas) their application was rejected, even though the shelter met all the town’s requirements. In thi...
Dec 28, 2020•26 min
When Can the Government Lock You in Your House? (A Deep Dive Best Of)
With new lockdowns happening all over the country and internationally, we want to revisit the government’s use of police power. Just what does your state have the power to do to protect public health and safety—and when and how can it exercise that power? (Episode originally aired on 04/03/20.)
Dec 22, 2020•23 min
City Officials Threw an Elderly Woman in Jail for Criticizing Them—Then Claimed Immunity
Special investigators, trumped up charges, and a night in jail. What happened to Sylvia Gonzalez is truly outrageous—and the local government’s reaction to her efforts to hold them accountable is even worse. In this episode, hear Sylvia’s story and the latest in her fight to ensure what happened to her doesn’t happen to anyone else.
Dec 07, 2020•35 min
Can the Government Require Warning Labels for Veggie Burgers?
In 2020, debates about veggie burgers and almond milk may sound like small potatoes. But controversies about how the government can regulate the way that companies talk about these foods and other products actually have important implications for free speech. In this episode of Deep Dive, we talk about what the debate is, and why it matters.
Nov 13, 2020•28 min
Law for Non-Lawyers: Precedent
Most people think they know what “precedent” means in the law, but the concept is actually more complicated than most realize! Precedent is ancient, but when senators are grilling judicial nominees about precedent, are they actually using the concept in a much more modern way? In today’s episode, we discuss the kinds of cases that set precedent, how it works, and just how expansive—or limited—precedent can be.
Oct 16, 2020•28 min
California Says These Firefighters Can’t Work—and the Reason Makes No Sense
Wildfires are raging across the West, and California is grappling with a record-breaking season. Why, then, does the state tell qualified firefighters that they can’t earn a living fighting fires? The state’s irrational law barring people like IJ’s client Dario Gurrola from working isn’t the only one of its kind on the books. Learn more about this and other collateral consequences laws in this episode of Deep Dive.
Sep 29, 2020•29 min
How Federal Agents Can Legally Take Your Money at the Airport
Law enforcement agencies routinely seize currency from travelers at airports using civil forfeiture—a legal process that allows agencies to take and keep property without ever charging owners with a crime, let alone securing a conviction. In this episode, we discuss the real stories of victims of this abusive practice, the new IJ report—"Jetway Robbery?”—that shows just how widespread it is, and what travelers need to know to protect their property.
Sep 08, 2020•23 min
Did the Supreme Court Just Say States Have to Fund Religion?
When it handed down Espinoza v. MT Dept. of Revenue this summer, the U.S. Supreme Court added one more facet to a year that has already upended the status quo when it comes to education. In this episode, we discuss where the Espinoza case came from, what the ruling means, and what it really does to the separation of church and state.
Aug 20, 2020•33 min
It’s Time to Fund Students, Not Systems
With an increasing number of parents desperately seeking educational alternatives for the upcoming school year, teachers’ unions and school districts are doubling down on the status quo. Worse, in many places they are moving to take away options that had been available to parents for years. It has never been more clear that the time has come to move past old ways of thinking about education and put families in control. IJ senior attorney Tim Keller and a special guest, Corey DeAngelis of the Rea...
Aug 13, 2020•43 min
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