Civic Revival

When can law enforcement choose to not enforce the law? Josh and Kristen begin this week debating that essential question in light of Attorney General Josh Kaul declaring he would not enforce Wisconsin abortion laws if Roe is overturned, then Brian Anderson illustrates the concept of "self determination" done right and wrong from rule of law hotspots around the world, they clean up year-end Congressional leftovers, and finally feel better about longer healthier lives. Make the most of every moment you have in this world!NOTE: Josh & Kristen will be taking a holiday hiatus and look forward to returning with fresh episodes next year. Happy Merry Everything to Everyone!

There's no such thing as too much time spent focused on rule of law questions! That's why Josh and Kristen begin this week by explaining the consumer product liability case that has been dominating Kristen's life for a decade, then they welcome back Professor Chad Oldfather to unpack some of the questions and answers from last week's oral arguments in the Dobbs abortion case at the U.S. Supreme Court, they handle piping hot leftovers on the Texas abortion law and the President's Supreme Court Commission, and finally they feel better about bits of heaven falling through the night sky. Sometimes you need to be in a dark place to see the wonders of the universe!

Sometimes seeing the big picture requires taking a big step back. With Kristen Scheuerman busy preparing for a major trial this week, Josh Dukelow welcomes criminal defense attorney Jeff Kippa as his co-host, and they start with a big picture look at problems in the criminal justice system. Then Winnebago County Judge LaKeisha Haase joins the show to discuss the pros and cons of cameras in the courtroom, Josh rounds up the action from Supreme Court oral arguments in the Dobbs abortion case, and they feel better about using sound waves to remove microplastics from the ocean. Some problems seem impossible, until we examine them anew!

NOTE: The verdict in the Kyle Rittenhouse trial was released while recording this episode.Some legal cases are more complicated and meaningful than others, but they're all interesting to talk about! Josh and Kristen start by explaining Steve Bannon's contempt of Congress charge on which he appeared in court this week, then they welcome defense attorney Casey Hoff back to discuss controversies in the Kyle Rittenhouse case and react as the verdict is announced, they clean up leftovers on Congressional action and a commuted death sentence, and then feel better about signs that a certain vaccine for young people is working even better than expected.

It's a big week for law and order in America! Kristen returns to join Josh on a walk through some of the preliminary details we've learned about the tragic deaths at Astroworld Festival in Houston, they welcome defense attorney Craig Mastantuano back to recap arguments in the Kyle Rittenhouse trial, Josh breaks down the politics (before and after passage) of the bipartisan infrastructure framework and what it means for the larger reconciliation package, and finally they feel better about news of a promising development in overcoming treatment-resistance in prostate cancer. Will wonders never cease?!

A busy week at the Supreme Court means a loaded lineup of rule of law issues! This week, Brian Anderson joins Josh Dukelow to discuss oral arguments about acceptable state limits to the right to carry guns outside the home, Professor Emeritus Kevin Hill explains the high court's refusal to intervene in a vaccine mandate dispute from Maine, they devour Congressional leftovers concerning bills that still have not passed, then feel better about evidence that nature finds a way to heal itself. We can be part of the solution, too, and who doesn't feel good about that?

The law can be complicated, and some areas are more complex than others. This week Kristen and Josh circle back to the complexities of qualified immunity following Supreme Court rulings on the "shadow docket," they talk confusion around cannabis law compliance with corporate counsel Emily Gordon, they devour leftovers on infrastructure and abortion and Manchin (oh my!), then feel better about an innovative discovery for turning human wastewater (yeah, that) into electricity. Will wonders never cease?!?

You didn't think a little thing like a massive civil case would get in the way of the pod did you? Despite Kristen's wild schedule these days, she and Josh sat down to discuss the draft report from President Joe Biden's Supreme Court Reform Commission, they cleaned up leftovers on a slimmed down package of election law reforms (that nonetheless failed to pass in the Senate), and finally feel better about a big leap forward in removing plastics and other trash from our oceans. There's no interview in this "mini pod," but there's still plenty to chew on... Bon apetit!

You didn't think we'd miss the biggest day of the year for rule of law did you? After Josh and Kristen discuss the federal vs state dispute over vaccine mandates taking shape in Texas, they welcome Brian Anderson to share and explain the 2021 Rule of Law Index from the World Justice Project, then down leftovers on covid in schools and the Texas abortion law, before feeling better about people overcoming adversity to achieve their dreams. Who wouldn't feel better after that?

Reunited and it feels so good! Josh and Kristen are back together this week, and ready to ring in a new term at the Supreme Court. But first they recap a wild case involving Muhammad Ali, the military draft, and rule of law to explore the concept of conscientious objections; they welcome Kristen's Marquette Law School Professor Chad Oldfather to preview the SCOTUS term and explain why the "shadow docket" is getting so much attention; they clean up leftovers on Congress raising the debt limit but continuing not to pass President Biden's legislative agenda; and finally they feel better about California beach property going back to its rightful historic owners. It's going to be a big term at the high court, and after listening to this you'll be ready for it!

You didn't think we'd let scheduling snafus get in the way of rule of law did you? Josh is flying solo this week with a mini-pod rounding up a few rule of law stories from this week's news. Most importantly, he explains revelations about the "Eastman Memo," showing the legal foundation of the Trump Administration's plan to reverse the 2020 election outcome. Then he cleans up leftover action in Congress to fund the government, raise the debt limit, and pass the Biden legislative agenda. And finally he feels better about returning valuable land to its rightful owner. Though shorter than usual, this episode is vital to defending rule of law in America, so don't miss it!

Have you ever considered your local school board to be a rule of law hotspot? Given the wild debates happening over masking policies Josh and guest host Brian Anderson weigh the rule of law implications of those local conflicts, then they welcome international rule of law consultant and law professor Howard Fenton to explain the essential role of administrative procedure, they clean up Congressional leftovers on spending and a reconciliation ruling from the Senate Parliamentarian, and finally feel better that the US ban on international flights will be lifted soon. Whether you've been kept away from loved ones or not, we can all welcome another step back to something like normal!

Sometimes, the more said on a topic, the less people know. That theme ties two of today's topics, with Josh and Kristen explaining all that we don't yet know about the allegations around Joint Chiefs Chairman Gen Mark Milley's calls to China, then employment attorney Nicole Marklein clarifies all that remains to be learned about Pres Biden's employer vaccine mandate (or is it a testing mandate?) and what that means for employees, we revisit claims of politicization of the high court and responses from two Justices in Leftovers, and finally we feel better about one victim of 9/11 who had a life-long dream fulfilled 20 years after that awful day. And if that's not enough, tune in to learn two reasons to celebrate this weekend... just celebrate responsibly!

Welcome back for another season of law and disorder! It was a busy summer, so Josh & Kristen have lots to catch up on, starting with reflections on the 20th Anniversary of the 9/11 terror attacks and contrasting the 9/11 Commission with the Select Committee investigating the January 6 Riot, then Brian Anderson joins the show to share his experience trying to evacuate his professional contacts from the chaos of Afghanistan and analyze what it all means for rule of law, after that Josh handles leftovers on the eviction moratorium and Kristen cleans up the Texas abortion controversy, and finally they leave you feeling better about an ambitious innovator bringing free electricity to his community. The world may seem daunting (and it is) but this show is here to help you through it all!

The final installment of SCOTUS Summer School brings you Kristen Scheuerman's unique style of Supreme Court analysis from her latest visit with Josh Dukelow as part of The Lawyers on Fresh Take. This time she's explaining a case from more than 100 years ago that addresses the authority of governments to mandate vaccination. Though it comes from a long-ago era, this precedent helpfully informs debates over vaccine mandates currently roiling cities, schools, and businesses. These are things you need to know, so don't miss it!And Josh & Kristen are back with a new season of Civic Revival starting Sept 10, so stay tuned for more nerdy rule of law discussions to come...

You didn't think we forgot about all those Supreme Court cases we haven't talked about yet, did you? Josh and Kristen take a (much-needed) break from their summer vacations to reunite and get their brains working again by talking through several noteworthy decisions released at the end of the last SCOTUS term. They also dissect a recent poll on "approval" of the Supreme Court, and wrap with some thoughts on the latest eviction moratorium imposed by the CDC. We'll see you in September!

You didn't forget our anniversary did you? Josh and Kristen are interrupting their summer vacations to celebrate ONE YEAR since they launched this rule of law podcast. After some anniversary thoughts, Kristen thoroughly unpacks the Supreme Court decision on student free speech rights, Brian Anderson explores the status of rule of law in Hong Kong and Canada in the context of transitional justice, Josh celebrates the emergence (and laments the swift death) of the "bipartisan infrastructure deal" announced recently, and finally they feel better thanks to Clarence Thomas calling out America's half-baked marijuana policies. Happy Independence Day to all rule of law lovers out there!

You didn't think we'd let professional Supreme Court watchers have all the fun did you? While Josh and Kristen continue to enjoy their summer hiatus, they got together on the radio this week to tackle a few recent SCOTUS decisions and we wanted to share that nerdtastic gold with Civic Revival fans. Kristen explains the NCAA student-athlete benefits ruling, the unanimous decision related to religious liberty, and a strange standing argument in the latest challenge to the Affordable Care Act. This is just a taste, with more SCOTUS commentary to come!

Summer is here! It's time to soak up some sun, so Josh and Kristen have an update on the summer schedule. With blockbuster SCOTUS decisions still-to-come, and rule-of-law hotspots heating up, there's no shortage of news to discuss! It's won't be too long before they're back with special hiatus episodes (including one to mark a very special anniversary), but until then, have a great summer! And to fill some of that free time, how about leaving a nice rating and review? It really does help!

Get comfy! You're in for a big treat this week. Josh and Kristen begin with an emerging circuit split on Section 230 liability limits for tech platforms, then Brian Anderson returns to illuminate the context of the Israel-Palestine conflict, he sticks around for leftovers to explain the Belarusian skyjacking, and there are updates on criminal justice reform efforts and the January 6 commission, before finally feeling better over lottery winnings rescued from the garbage can. You won't find better coverage (or greater comfort) anywhere else on the web!

Buckle up for discussion of several hot button topics from the news this week! Josh and Kristen start with the history of American abortion law following the announcement that the Supreme Court will hear a case on that topic next term, they welcome back former Wisconsin Congressman Reid Ribble to explain the "Call for American Renewal" he helped introduce to change the direction of the Republican Party, they take up leftovers on the Congressional Commission to investigate the events of January 6, and finally feel much better after learning that the U.S. Government is just as stumped about visitors from outer space as the rest of us. Do you believe we alone in the universe? You'll have to listen to find out!

Sometimes rule of law is messy and heartbreaking. This week is one of those times. Josh and Kristen start with lawlessness around federal restrictions on protests during civil unrest, then welcome former capital mitigation specialist Lily Engleman to explain her horrific experience being falsely accused of a crime while doing her job and the civil rights lawsuit she just filed, then clean up leftovers around George Floyd's death, federal voting reform, and Liz Cheney's ouster, and finally they clarify and feel better about an app that keeps good food from going to waste. It was hard to "feel better" after listening to Lily's ordeal, but the fight for justice marches on!

This week Josh and Kristen go in "guns blazing" to dissect civil rights cases related to firearms. First up, Federal judges in Wisconsin reach different conclusions about students wearing shirts with guns on them at school, then attorney Raymond Dall'Osto unpacks and contextualizes the Wisconsin Supreme Court ruling on limiting gun possession while under the influence, leftovers include Derek Chauvin requesting a new trial, the return of firing squads in South Carolina(?), and making new states out of existing ones, then it's time to feel better about a creative approach to building affordable housing. No political crossfire here... just legal insights that will blow you away!

Buckle up for a fascinating ride! This week Josh and Kristen dive deep into the history and politics around adding states and the District of Columbia debate, then welcome defense attorney Casey Hoff to discuss the vital importance of the sixth amendment right to defense counsel (for everyone!), they down leftovers related to the cursing cheerleader, census findings, and Chauvin juror (no Manchin??), and finally leave you feeling better about a ride on the subway that started a family 21 years ago. You'll laugh, you'll cry, and you will surely learn something!

This week's episode is even nerdier than usual (if that's possible)! Josh and Kristen begin by mapping the history of qualified immunity and outlining current bipartisan reform negotiations in Congress, then they welcome Outagamie County Judge Mark McGinnis to discuss the process and purpose of sentencing in criminal cases, they devour leftovers about D.C. statehood, January 6, and infrastructure, and then finally feel better about a young man making his mama's dreams come true. The kicker even includes Philly cheesesteaks and furry friends for good measure. How could you NOT feel better?!?

This week's episode is a little different... in a good way! Josh and Kristen clean up some leftovers on compromise in the U.S. Senate and President Biden's Supreme Court Commission, then it's feel better time with a series of "rule of law related" questions for you to get to know your hosts better. Favorite President? Least favorite Constitutional Amendment? Favorite Legal Movie? Some of their answers just might surprise you (and some surely will not)!

Prepare your splash zone! This week Josh and Kristen unpack a fascinating opinion from Justice Clarence Thomas on legal frameworks for regulating social media platforms, then they tour global rule-of-law hotspots with Brian Anderson from The Everson Law Firm, they feast on classic leftovers of budget reconciliation, filibuster, and more, and finally feel better about reducing plastics at the supermarket and an environmentally-friendly way to keep yourself clean. Not only will they leave you feeling better, but you'll be feeling fresh and clean too!

Calling all "bird nerds!" This episode is for you. Josh and Kristen start by examining student free speech rights (to curse and "fly the bird) in a case that will go to the Supreme Court later this month, they welcome immigration attorney Cain Oulahan to help make sense of the situation at the southern border, the leftover buffet has lots of qualified immunity (and no filibuster!) and a return appearance by a naughty doggy, and finally they leave you feeling better with a story of the California Condor's resurgence in the Pacific Northwest and tales of Kristen's backyard birdwatching.

This week Josh and Kristen tackle the lawless (and highly partisan) demands that Supreme Court Associate Justice Stephen Breyer retire immediately, they welcome Marquette Law Professor Ed Fallone to explore the many sources of our fundamental rules and rights, they feast on another buffet of leftovers including the filibuster (duh), Capitol riot, and AUMFs, and finally feeling better about rescue dogs looking their best to find forever homes. Look sharp! It's another great episode.

Get ready for a rule-of-law feast, complete with dessert! This week Josh and Kristen examine the record-setting wrongful death settlement reached between the City of Minneapolis and the family of George Floyd, they welcome back attorney Stacie Rosenzweig to explain the election reforms proposed in Congress, they clean up leftovers on the filibuster and some special dates this week, and finally feel better with a monstrous Pi Day "piecaken" (or is that pie-kracken) Stacie baked and shared to help fight food insecurity. Your blood sugar will surge, but it's totally worth it. Dig in!

What is a violation of your constitutional rights worth? That's only one of the thought-provoking question Josh and Kristen tackle this week, beginning with a somewhat surprising Supreme Court decision related to nominal damages, then defense attorney Jeff Kippa demystifies the "voir dire" (or jury selection) process, followed by more leftovers on filibuster reform (make up your mind Manchin!), and finally a feel better that will literally save lives. That's something to be excited about!

Not sure how it's possible, but our hosts are extra excited for this week's episode! Josh and Kristen kick it off by considering Congressional pressure on cable and satellite TV companies to drop certain channels they deem 'misinformation,' then they welcome attorney Beth Wells for a powerful discussion of methods of execution and the reality of capital punishment, leftovers include reconciliation and Capitol Riot updates, and finally they feel better about advances in 3D printing of human tissues. Beyond body parts, what would you like to "print" at home?

It's still winter, but grab your snorkel and flippers! Josh and Kristen are diving deep into the lawlessness of Congress 'authorizing the use of military force' instead of declaring wars; attorney Nicole Marklein returns to help navigate the murky legal depths of employer vaccine mandates; they devour a buffet of leftovers on Trump's taxes, budget reconciliation and more; then they both have feel better items to warm your heart and lift your spirits to outer space! Are you ready to book your interstellar journey now?

This week's guest knows Mike Pence and Antonin Scalia, so you know it's going to be great! But first, Josh and Kristen unpack rule-of-law implications of a "9/11 style" commission to investigate the January 6 riot at the Capitol, then they examine Congressional dysfunction and reform ideas with Kristen's high school volleyball coach (and former Congressman) Reid Ribble, after which they welcome Reid to stick around for 'dessert' to discuss Mitch McConnell's tortured position on impeachment, and finally they feel better about repurposed business attire that is helping to empower job seekers. Because "walking the walk" is easier when you're looking good!

Happy Valentine's Day rule-of-law lovers! This week Josh and Kristen dive deep on defamation and the massive lawsuits filed against people and networks claiming a stolen election, attorney Brian Anderson returns to examine the state of democracy and rule of law globally, they cleanup impeachment-related leftovers that could shape the future of the GOP, and finally feel better about the imminent arrival of a special seasonal treat (and of course, Kristen has rules and procedures about when and how to enjoy it). Hope you're hungry... There's a lot to chew on!

You were just wondering: what exactly IS budget reconciliation? Luckily, Josh & Kristen are back with another explainer for you! They start by defining terms and exploring potential lawless uses of the reconciliation process, then attorney Jeff Mandell helps answer some common questions about post-term impeachment, they clean up leftovers on filibuster finagling and Congressional accountability, and finally they feel better on Wear Red Day about an important advance in diagnosing prostate cancer. Early detection saves lives!

When it's a podcast about the filibuster, it had to go on and on and on... Nonetheless, Josh and Kristen are happy to share their debate (with disagreements!) over the lawless treatment of the Senate cloture rule, before they discuss pretrial release conditions and bail/bond reform with criminal defense attorney Jeff Kippa, clean up leftovers on liars in Congress and security failures at the Capitol, and finally feel better about money raised with a meme. Bet you can't guess which one!

Following a week where the watchword was "unity," Josh and Kristen reunite to tackle the lawlessness of the Presidential pardon power, ask civil rights attorney Chris Meadows about the complex issue of free speech on social media, cleanup leftovers on political protests and capital punishment, and then feel better because dogs are back in the White House. This episode certainly got our tails wagging! Hope it does the same for you!

The fallout from Insurrection Day isn't the only thing in the news! That's why Josh and Kristen begin the show discussing efforts to bring the Capitol invaders to justice, then welcome Capital Mitigation Specialist Claire Kiefer to discuss a (literally) life-and-death issue: the death penalty, before cleaning up two quick bits of leftovers, and finally feeling better that ordering out doesn't have to hurt the planet. Do you have additional improvements on the classic clamshell container?

They never imagined 2021 would start like this. That's why Josh & Kristen are so glad to be back with a new episode (and season) of the podcast! This week they tackle the lawless violence at the U.S. Capitol and the controversy over counting Electoral Votes, Brian Anderson explains the global perspective on the mayhem and the diminished power of American democracy abroad, they weigh the fate of Trump Administration officials leaving and those staying on the job, and finally feel better with acts of kindness and scientific breakthroughs and dream vacations. Oh my! It took a lot to feel better this week, but 2021 can only get better from here, right?!

Happy Holidays! Josh and Kristen couldn't resist recapping the mystifying legal reasoning on display by some judges and elected officials in the post-election melee, recognizing some judicial stalwarts willing to stand up for the rule of law, bidding farewell to Attorney General William Barr, and sharing some of their favorite holiday traditions with you. Prepare for the nerdiest "airing of grievances" you've ever heard, and say bye-bye-bye to 2020 (finally)!!

Not even one week into the holiday hiatus and Josh and Kristen just had to say "HI!" After some fun holiday music trivia, they share reactions to the early stages of the official Presidential Transition (which is now underway), and send special thank-yous to various groups of people. They hope this special episode helps you clean up your leftovers and enjoy the Thanksgiving holiday!

It's the season finale before a holiday hiatus, so Josh and Kristen packed in as much fun and insight as they possibly could! That starts with a preview of potential lawlessness-to-come in the next stages of the Presidential transition, rule-of-law expert Brian Anderson returns to roundup some of the absurd election-related litigation and explain the Electoral College voting procedure, cleaning up leftovers on whether Chad Wolf is legally the Secretary of Homeland Security, and finally feeling better with an attitude of gratitude. We know it's a long one, but it's the last episode of the year. Perhaps you'd like to listen to part of it now, and STASH the rest away for later!? We are grateful for you (and your ratings and reviews)! Have a joyous and safe holiday season!

We have a little bit of everything for you this week! Josh and Kristen start by tackling the latest lawlessness from Attorney General William Barr related to election investigations, they talk with civil rights attorney William Sulton about a variety of pertinent legal issues, they clean up leftover questions about Gov Tony Evers' latest attempt at covid control, and finally feel better about the health benefits of naps. Don't sleep on this episode!

We have a little bit of everything for you this week! Josh and Kristen start by tackling the latest lawlessness from Attorney General William Barr related to election investigations, they talk with civil rights attorney William Sulton about a variety of pertinent legal issues, they clean up leftover questions about Gov Tony Evers' latest attempt at covid control, and finally feel better about the health benefits of naps. Don't sleep on this episode!

This episode is so good there isn't even a word for it! Josh and Kristen begin by examining the lawlessness of President Trump's reaction to initial election results, attorney Stacie Rosenzweig discusses post-election litigation and disputes over which ballots to count, they clean up leftover Senate results and consider claims about foreign interference, and finally they feel better about the unseasonably warm weather coming their way this weekend. Forgive our logorrhea, and enjoy the show!

This episode is so good there isn't even a word for it! Josh and Kristen begin by examining the lawlessness of President Trump's reaction to initial election results, attorney Stacie Rosenzweig discusses post-election litigation and disputes over which ballots to count, they clean up leftover Senate results and consider claims about foreign interference, and finally they feel better about the unseasonably warm weather coming their way this weekend. Forgive our logorrhea, and enjoy the show!

This week the pod ran long, but it's worth every minute! After Josh and Kristen tackle the testimony of Big Tech titans on Capitol Hill this week (and dive deep on Section 230), they ask rule of law expert Brian Anderson about threats to free and fair elections in America, then they clean up leftovers on absentee voting and Trump's defamation suit, before celebrating a BIG deep sea discovery and sharing their own (near death) experiences on the water. Kristen KNOWS you will love this episode, and not just because she's psychic!

This week the pod ran long, but it's worth every minute! After Josh and Kristen tackle the testimony of Big Tech titans on Capitol Hill this week (and dive deep on Section 230), they ask rule of law expert Brian Anderson about threats to free and fair elections in America, then they clean up leftovers on absentee voting and Trump's defamation suit, before celebrating a BIG deep sea discovery and sharing their own (near death) experiences on the water. Kristen KNOWS you will love this episode, and not just because she's psychic!

This week's pod (like the week) is full of ups and downs! Josh and Kristen kick it off exploring their (complicated) feelings about the role of empathy in the law, they talk election law and administration with Wisconsin Elections Commission Chair Ann Jacobs, they discuss the long-term implications of short-term policy thinking, then enjoy sharing some extreme examples of annual holiday letters. Don't forget the footnotes!

This week's pod (like the week) is full of ups and downs! Josh and Kristen kick it off exploring their (complicated) feelings about the role of empathy in the law, they talk election law and administration with Wisconsin Elections Commission Chair Ann Jacobs, they discuss the long-term implications of short-term policy thinking, then enjoy sharing some extreme examples of annual holiday letters. Don't forget the footnotes!