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Are index funds the best investment strategy for most investors? In this episode of Rational Reminder, Benjamin Felix, Dan Bortolotti, and Mark McGrath explore why low-cost index funds should be the primary investment strategy for most people. They explain how index funds evolved from a niche concept to a widely accepted strategy and outline their six key benefits. Learn about the fees associated with index funds, why index funds outperform most actively managed funds, and how to avoid the risks of picking individual stocks. They also explore academic research on long-term mutual fund performance, the persistence (or lack thereof) in active management, and the dangers of alternative indexing schemes. Discover how behaviour impacts investment decisions and why a globally diversified portfolio is crucial. Finally, in the aftershow, Ben shares an update regarding his health and listener feedback from the Rational Reminder community. Join the conversation and uncover why index funds are the best investment strategy and how to leverage them effectively to maximize your portfolio for long-term gains. Tune in now! Key Points From This Episode: (0:01:58) Outline of today's topic and why index funds should be everyone's main investment strategy. (0:05:10) Index fund fundamentals, market cap weighting, and why not all ETFs are index funds. (0:10:03) Learn about the transition of index funds into mainstream finance and their low-fee advantages. (0:13:30) Linking fees to index performance and why lower fees gives them an advantage over managed funds. (0:19:50) The general awareness about index funds and what impact the lack of diversification has on actively managed funds. (0:26:35) Explore critical research comparing the returns on investment between index funds and actively managed funds. (0:33:32) Unpack why the size of the active management industry matters and common misconceptions surrounding the long-term returns of mutual funds. (0:42:26) Discover why some fund managers do well and how sector-specific performance influences stock returns. (0:48:28) Unpack why average returns are better than beating the market and what makes index funds tax efficient. (0:51:08) Find out what makes index funds easy to use and how this results in higher returns in the long term. (0:55:25) How index funds are consistent with foundational finance theory and why thematic ETFs and sector-specific index funds should be avoided. (1:05:40) The aftershow: Ben shares a personal health update, Rational Reminder news, and a request for listener AMA questions. Links From Today's Episode: Meet with PWL Capital: https://calendly.com/d/3vm-t2j-h3p Rational Reminder on iTunes — https://itunes.apple.com/ca/podcast/the-rational-reminder-podcast/id1426530582. Rational Reminder Website — https://rationalreminder.ca/ Rational Reminder on Instagram — https://www.instagram.com/rationalreminder/ Rational Reminder on X — https://x.com/RationalRemindRational Reminder on TikTok — www.tiktok.com/@rationalreminder Rational Reminder on YouTube — https://www.youtube.com/channel/ Rational Reminder Email — info@rationalreminder.caBenjamin Felix — https://pwlcapital.com/our-team/ Benjamin on X — https://x.com/benjaminwfelix Benjamin on LinkedIn — https://www.linkedin.com/in/benjaminwfelix/ Mark McGrath on LinkedIn — https://www.linkedin.com/in/markmcgrathcfp/ Mark McGrath on X — https://x.com/MarkMcGrathCFP Dan Bortolotti — https://pwlcapital.com/our-team/ Dan Bortolotti on LinkedIn — https://www.linkedin.com/in/dan-bortolotti-8a482310/ Canadian Couch Potato Blog — https://canadiancouchpotato.com/ Canadian Couch Potato Podcast — https://canadiancouchpotato.com/podcast/ Episode 54: Dr. David Blitzer — https://rationalreminder.ca/podcast/54 Episode 124: Prof. Lubos Pastor — https://rationalreminder.ca/podcast/124 Episode 133: Adriana Robertson — https://rationalreminder.ca/podcast/133 Episode 220: Jonathan Berk and Jules van Binsbergen — https://rationalreminder.ca/podcast/220 Episode 244: Charles D. Ellis — https://rationalreminder.ca/podcast/244 Episode 268: Itzhak Ben-David — https://rationalreminder.ca/podcast/268 Episode 302: Michael Green — https://rationalreminder.ca/podcast/302 Episode 346: Hendrik Bessembinder — https://rationalreminder.ca/podcast/346 Coffeezilla — https://www.youtube.com/@Coffeezilla Coffeezilla: Investing for Idiots — https://www.youtube.com/watch?v=hoGm61I52YQ YCharts — https://ycharts.com/ Papers From Today's Episode: 'The Arithmetic of Active Management' — https://www.tandfonline.com/doi/pdf/10.2469/faj.v47.n1.7 'Sharpening Sharpe's Arithmetic' — https://www.tandfonline.com/doi/full/10.2469/faj.v74.n1.4 'Mutual Fund Flows and Performance in Rational Markets' — https://www.journals.uchicago.edu/doi/abs/10.1086/424739 'Why Indexing Works' — https://onlinelibrary.wiley.com/doi/abs/10.1002/asmb.2271 'Long-Term Shareholder Returns: Evidence from 64,000 Global Stocks' — https://www.tandfonline.com/doi/abs/10.1080/0015198X.2023.2188870 'The Performance of Mutual Funds in the Period 1945-1964' — https://www.jstor.org/stable/2325404 'On Persistence in Mutual Fund Performance' — https://doi.org/10.1111/j.1540-6261.1997.tb03808.x 'Capital Asset Prices: A Theory of Market Equilibrium Under Conditions of Risk' — https://onlinelibrary.wiley.com/doi/full/10.1111/j.1540-6261.1964.tb02865.x 'Passive in name only: Delegated management and index investing' — https://heinonline.org/HOL/LandingPage?handle=hein.journals/yjor36&div=20&id=&page=
It's the 4M Podcast TEENAGE edition! This week, we're dishing about our first jobs... believe us, we had some weird experiences. Miranda shares about the teen employment rate and benefits of teens flipping burgers and slinging lattes. Spoiler alert: it's not just about the paycheck-- there may be some long-lasting advantages of working hard for the money before you graduate. Lastly, Mel teaches us about the dreaded and mysterious teen illness of mononucleosis. What is it, how do you treat it, and why does it always strike at the worst possible moment? Pop in your earbuds, pour yourself some wine, and prepare to laugh and learn again this week on the Motherhood, Mayhem, and Medical Mysteries Podcast! Spotlight:Jobs for the Futurewww.jff.org Jobs for the Future (JFF) is a national nonprofit that drives transformation of the U.S. education and workforce systems to achieve equitable economic advancement for all. We do this by designing solutions, scaling best practices, influencing policy and action, and investing in innovation.Sources:Mel- https://www.verywellhealth.com/common-illnesses-in-teenagers-4159751https://my.clevelandclinic.org/health/diseases/13974-mononucleosisMiranda-https://heinonline.org/HOL/LandingPage?handle=hein.journals/catoj36&div=12&id=&page=https://heinonline.org/HOL/LandingPage?handle=hein.journals/month140&div=14&id=&page=https://www.pewresearch.org/short-reads/2021/06/07/during-the-pandemic-teen-summer-employment-hit-its-lowest-point-since-the-great-recession/https://fred.stlouisfed.org/series/LNS11300012https://www.webmd.com/parenting/benefits-of-a-teenager-getting-a-job Hosted on Acast. See acast.com/privacy for more information.
The Perverse Effects of the Robinson-Patman Act https://heinonline.org/HOL/LandingPage?handle=hein.journals/antibull31&div=37&id=&page=
Sun, 10 Sep 2023 08:01:38 +0000 https://krimschnack.podigee.io/48-new-episode 40bf46a08d0d78da613a12d0fb892620 Shownotes Wilson/ Kelling (1982): Broken Windows: The police and neighborhood safety. In: The Atlantic. URL: https://www.theatlantic.com/magazine/archive/1982/03/broken-windows/304465/ Sampson/ Raudenbush (1999): Systematic Social Observation of Public Spaces: A New Look at Disorder in Urban Neighborhoods. In: American Journal of Sociology, AJS Volume 105 Number 3, S. 603–51. URL: https://www.degruyter.com/document/doi/10.1515/zstw.116.1.66/html URL: https://soztheo.de/kriminalitaetstheorien/soziale-desorganisation/broken-windows-wilson-kelling/ URL: https://www.krimpedia.de/Broken_Windows#Kritische_Stimmen_in_der_Literatur URL: https://heinonline.org/HOL/LandingPage?handle=hein.journals/frdurb28&div=23&id=&page= URL: https://www.washingtonpost.com/outlook/2019/12/27/how-year-old-study-was-misconstrued-create-destructive-broken-windows-policing/ URL: "stop and frisk": Gericht verurteilt Durchsuchungen der Polizei in New York - DER SPIEGEL URL: https://www.sueddeutsche.de/politik/bloomberg-stop-and-frisk-demokrat-1.4686179 48 full no Annelie und Marie
In conversation with Lizzy Muthoni Kibira and Chanel van der Linde On 24 February 2023, the Kenyan Supreme Court ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) must be allowed to officially register as a non-governmental organisation (NGO). The Supreme court held that it would be unconstitutional to limit the right to associate through denial of registration. This ruling ends a decade-long legal case. In this episode, Africa Rights Talk in conversation with Lizzy Muthoni Kibira and Chanel van der Linde discuss this triumph for justice and human rights in Kenya and the future of LGBTI Rights in Africa. Lizzy Muthoni Kibira is a Kenyan lawyer and researcher based in Nakuru, Kenya. She previously worked with Strathmore University School of Law and Kabarak University School of Law. Ms. Kibira holds an LLB from Strathmore University, Kenya. Her academic interests include public life of law, history and politics; and the function of international organisations. She published an article in the Strathmore Law Journal, titled, A Representative of the People, A review of Dominic Burbidge's An Experiment in Devolution: National Unity and the Deconstruction of the Kenyan State. Her current project focuses on the public life of the commonwealth organisation. Link to her publication: https://heinonline.org/HOL/LandingPage?handle=hein.journals/strathlj5&div=12&id=&page= Chanel van der Linde is a project officer at the Sexual Orientation, Gender Identity and Expression, and Sexual Characteristic (SOGIESC) Unit, at the Centre for Human Rights, University of Pretoria. She holds an LLB from the University of Witwatersrand and an LLM in Multidisciplinary Human Rights from the University of Pretoria. This conversation was recorded on 16 and 17 March 2023. Instagram: africarightstalk Twitter: artrightstalk YouTube: www.youtube.com/africarightstalk Africa Rights Talk Music: Inner Peace by Mike Chino https://soundcloud.com/mike-chinoCreative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0 http://creativecommons.org/licenses/b...Music promoted by Audio
Can one governance system rule all technologies? Gabriel Weil defends his universal framework in the face of an absolute onslaught from @geoengineering1. Main paper Global Climate Governance in 3D: Mainstreaming Geoengineering within a Unified Framework University of Pittsburgh Law Review, Vol. 81, No. 3, (2022) https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3837950_code1648032.pdf?abstractid=3788661&type=2 Other works discussed. The Carbon Price Equivalent: A Metric for Comparing Climate Change Mitigation Efforts Across Jurisdictions, 125 Dick. L. Rev. 475 (2021): https://ideas.dickinsonlaw.psu.edu/dlr/vol125/iss2/4/#:~:text=The%20carbon%20price%20equivalent%20can,aggregate%20emissions%20over%20some%20period. Individual Preferences in Policy Analysis: A Normative Framework 50 Tᴇx. Eɴᴠᴛʟ. L.J. 55 (2020): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3424332 Mitigating Climate Change Through Transportation and Land Use Policy, 49 Eɴᴠᴛʟ. L. Rᴇᴘ. 10473 (2019, with Alejandro E. Camacho, Melissa L. Kelly, & Nicholas J. Marantz): https://www.law.uci.edu/centers/cleanr/news-pdfs/transportation-climate-change-report-elr.pdf Incentive Compatible Climate Change Mitigation: Moving Beyond the Pledge and Review Model, 42 Wᴍ. & Mᴀʀʏ Eɴᴠᴛʟ. L. & Pᴏʟ'ʏ Rᴇᴠ. 923 (2018): https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1714&context=wmelpr Subnational Climate Mitigation Policy: A Framework for Analysis, 23 Colo. J. Int'l Envtl. L. & Pol'y 285 (2012): https://www.colorado.edu/law/sites/default/files/WEIL%20_corrected_.pdf Costs, Contributions, and Climate Change: How Important Are Universal Emissions Commitments?, 23 Geo. Int'l Envtl. L. Rev. 321 (2011): https://heinonline.org/HOL/LandingPage?handle=hein.journals/gintenlr23&div=13&id=&page=&t=1558026170
Molly discusses how the Left has hijacked Juneteenth, the abuse of COVID surveillance in China, and coming Supreme Court decisions. Links to show notes: https://www.theepochtimes.com/chinese-city-uses-covid-19-app-to-prevent-bank-protestors-from-gathering-depositors-say_4535955.html?utm_source=partner&utm_campaign=ZeroHedge&slsuccess=1 https://heinonline.org/HOL/LandingPage?handle=hein.journals/howlj30&div=69&id=&page=
Sued by Abuser for Libel After Disclosing His Abuse Episode Type: Survivor Host: Vanessa Brown Description: What lengths will someone go to use power and control over another human being when they try to leave them? Vanessa Brown shares about her cost for speaking on the abuse she was/is suffering. Including what should have been an opportunity for friends to support her, and hold her abuser accountable, ended up being those whom she trusted supporting her abuser. Even years after leaving, Vanessa's abuser has continued his coercive control through litigation abuse. Despite the fact they were never married and share no children, Vanessa is being drowned by the legal system as her abuser holds her under. Now facing a two-week trial for speaking. Vanessa's abuser has spent over $375,000 pounds ($500,000 US dollars) to continue his abuse. Resulting in Vanessa being homeless, unable to escape, and inability to heal. Abuse/violence does not simply end when the victim leaves. People Waiting to Help in the United Kingdom: Home - Women's Aid (womensaid.org.uk) Refuge Against Domestic Violence - Help for women & children. Male Victims of Domestic Abuse – Please call 01823 334244 to speak to us confidentially - (mankind.org.uk) Domestic Violence & Abuse · Emergency Injunction Service (ncdv.org.uk) Safe Helpline, Sexual Assault: 1-877-995-5247 National Child Abuse Hotline: 1-800-422-4453 Crisis Text Line: Text 741741 SODA https://sodahq.uk/support/ The Freedom Programme. Learn about domestic violence and abuse If you or someone you know would like to participate in the Freedom Programme, you can email sharon@sharonbryanconsultancy.com You can zoom into the programme from anywhere that you have internet access. People Waiting to Help in the United States: • Emergency: 911 • National Suicide Prevention Lifeline: 1-800-273-8255 • National Domestic Violence Hotline: Phone 1-800-799-SAFE (7233) Text “START” to 88788 • National Child Abuse Hotline: 1-800-422-4453 • Safe Helpline, Sexual Assault: 1-877-995-5247 • LGBTQ National Hotline: 1-888-843-4564 • National Runaway Safeline: 1-800-786-2929 • SAMHSA Substance Abuse and Mental Health Services: 1-800-662- HELP (4357) • Crisis Text Line: Text 741741 • National Eating Disorder Association Helpline: 1-800-931-2237 • Veterans Crisis Line: Phone 1-800-273-8255 Text 838255 For more resources please visit The Trauma and Mental Health Report resource page https://trauma.blog.yorku.ca/resources/ Links Discussed in this Episode: The Body Keeps the Score: Brain, Mind, and Body by Dr. Bessel van der Kolk https://www.besselvanderkolk.com/resources/the-body-keeps-the-score Gaslight Short Film https://youtu.be/SVCqTcb4qkM What I see - A Domestic Violence Short Film https://youtu.be/B2h_PO9subA Power and Control Wheel Playlist https://youtu.be/5OrAdC6ySiY https://youtu.be/XkuC3tUgHoY https://youtu.be/PxOAqduCP4c https://youtu.be/sAH2JmGIRQ0 https://youtu.be/b__hYzHg7kk https://youtu.be/ECKkCUWDx7w https://youtu.be/JAi9fswf5KQ https://youtu.be/wO6BXV6Yxgo https://youtu.be/HtL0w8rZbzc https://youtu.be/lx02GEYkAIE THE [E]X FACTOR: ADDRESSING TRAUMA FROM POST-SEPARATION DOMESTIC VIOLENCE AS JUDICIAL TERRORISM https://heihttps://papers.ssrn.com/sol3/papers.cfm?abstract_id=3799218online.org/HOL/LandingPage?handle=hein.journals/walq99&div=10&id=&page= If you would like to share your story/professional experience in an episode please email us at: info@menaspeacemakers.org
Is Stockholm Syndrome real? The answer may not be as simple as you think, in fact it could even be an invention of the media... You can WATCH the podcast over on our YouTube channel: http://youtube.com/SciGuys If you would like to support the podcast, please donate to our Patreon: http://patreon.com/SciGuys If you'd like to see more of us, follow our socials! Facebook http://facebook.com/SciGuysPod Twitter http://twitter.com/SciGuysPod Instagram http://instagram.com/SciGuysPod References and Further Reading https://www.bbc.co.uk/news/magazine-22447726 https://www.businessinsider.com/stockholm-syndrome-could-be-a-myth-2013-10?amp&r=US&IR=T https://pubmed.ncbi.nlm.nih.gov/16203697/ https://www.tandfonline.com/doi/abs/10.1300/J070v14n03_06 https://pubmed.ncbi.nlm.nih.gov/18028254/ https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1600-0447.2007.01112.x https://www.britannica.com/science/Stockholm-syndrome https://heinonline.org/HOL/LandingPage?handle=hein.journals/fbileb76&div=69&id=&page= https://heinonline.org/HOL/LandingPage?handle=hein.journals/fbileb68&div=54&id=&page= https://www.tandfonline.com/doi/abs/10.1300/J173v04n01_02 Follow the Sci Guys @notcorry / @jampkin / @lukecutforth
Resources from our guest, Etta Worthington:https://illinois.pbslearningmedia.org/collection/election-collection/https://protecttheresults.com/ What if Trump refuses to accept the results of the electionhttps://www.ballotready.org/ Look at everything on the ballot including judges with reviews by bar associations https://www.injusticewatch.org/interactives/judicial-election-guide/2020-general/en/https://www.voteforjudges.org/ https://www.sierraclub.org/illinois/2020 Sierra club endorsements, including Water Reclamation District Commissioners.https://news.wttw.com/2020/09/30/cook-county-circuit-court-judge-candidates-ranked-3-bar-associations From WTTWLeague of Women Voters https://illinoisvoterguide.org/From Cook County Board of elections. Everything you need to know https://www.cookcountyclerk.com/agency/elections Resources from our producer, Lotus Lindez:On LGBT Issues:https://transequality.org/the-discrimination-administrationOn BLM:https://www.washingtonpost.com/politics/2020/09/01/over-over-trump-has-focused-black-lives-matter-target-derision-or-violence/https://www.nbcnews.com/politics/donald-trump/black-lives-matter-sues-trump-administration-over-use-force-d-n1225311https://www.cnn.com/2020/07/01/politics/donald-trump-black-lives-matter-confederate-race/index.htmlOn Immigration Rights, The Border and Concentration Campshttps://heinonline.org/HOL/LandingPage?handle=hein.journals/saclr57&div=21&id=&page=https://www.usnews.com/news/national-news/articles/2019-08-27/trump-administration-to-redirect-fema-money-to-borderhttps://www.bbc.com/news/world-latin-america-48991301On Environmental Affairshttps://www.nytimes.com/interactive/2020/climate/trump-environment-rollbacks-list.htmlhttps://www.brookings.edu/policy2020/votervital/what-is-the-trump-administrations-track-record-on-the-environment/votingChicago Ballot Referendumshttps://www.nbcchicago.com/news/local/chicago-politics/these-are-the-referendum-questions-on-chicago-voters-ballots/2352414/Oak Park Ballot Referendumshttps://www.chicagotribune.com/suburbs/oak-park/ct-oak-referendum-questions-tl-1015-20201013-qjikg4iyofeohnntaokk6xergm-story.htmlSuburban Ballot Referendumshttps://www.nbcchicago.com/news/local/chicago-politics/these-are-the-referendum-questions-on-suburban-cook-county-voters-ballots/2352429/Find Your Polling Placehttps://www.cookcountyclerk.com/service/your-voter-informationMail Dropboxes (Suburbs)https://www.cookcountyclerk.com/sites/default/files/pdfs/SECURE%20DROPBOXES%20FOR%20COOK%20COUNTY%20MAIL%20BALLOTS.pdfMail Dropboxes (City)https://www.cookcountyclerk.com/sites/default/files/pdfs/Mail%20Ballot%20Drop%20Box%20Locations%20-%20082620.pdfOn Fair Tax Amendmenthttps://patch.com/illinois/across-il/illinois-voters-asked-decide-fair-tax-what-you-need-knowJudicial Votinghttps://www.injusticewatch.org/interactives/judicial-election-guide/2020-general/en/historic info on national electionsPast Election Summaries:https://www.history.com/topics/us-presidents/presidential-elections-1Votor turnout: https://www.presidency.ucsb.edu/statistics/data/voter-turnout-in-presidential-electionsElection Results:https://www.presidency.ucsb.edu/statistics/elections
Is truth dead in a world without video evidence? That’s just one of the questions we cover in this week’s episode on Deepfakes. This face swapping technology is still young, but it’s set to change the world... You can WATCH the podcast over on our YouTube channel: http://youtube.com/SciGuys If you would like to support the podcast, please donate to our Patreon: http://patreon.com/SciGuys If you'd like to see more of us, follow our socials! Facebook http://facebook.com/SciGuysPod Twitter http://twitter.com/SciGuysPod Instagram http://instagram.com/SciGuysPod References and Further Reading https://youtu.be/OCLaeBAkFAY https://www.merriam-webster.com/words-at-play/deepfake-slang-definition-examples https://www.theguardian.com/technology/2020/jan/13/what-are-deepfakes-and-how-can-you-spot-them https://www.vice.com/en_uk/article/kz4amx/fsgan-program-makes-it-even-easier-to-make-deepfakes https://www.theguardian.com/technology/2018/nov/12/deep-fakes-fake-news-truth https://www.nytimes.com/2018/03/04/technology/fake-videos-deepfakes.html https://www.creativelive.com/blog/tbt-photo-manipulation-before-photoshop/ https://www.nytimes.com/2006/01/24/science/it-may-look-authentic-heres-how-to-tell-it-isnt.html http://iisjoa.org/sites/default/files/iisjoa/2017/PDF/11.%20Jitendra%20Sharma%20&%20Rohita%20Sharma.pdf http://www.alteredimagesbdc.org/national-geographic/ https://www.cc.gatech.edu/~beki/cs4001/history.pdf https://heinonline.org/HOL/LandingPage?handle=hein.journals/calr107&div=51&id=&page= https://arxiv.org/abs/1812.08685 https://ieeexplore.ieee.org/abstract/document/8683164 https://www.britannica.com/biography/Nicephore-Niepce https://www.mentalfloss.com/article/83262/how-photo-retouching-worked-photoshop https://www.britannica.com/technology/photography Follow the Sci Guys @notcorry / @jampkin / @lukecutforth sciguys.co.uk
Late at night, mics dragged up by the fire, talking mailbag items on conversation, Banach spaces, mental models, the Facebook dumpster fire, and Christian's weird old tricks for managing your online world. Finally, Mr. Rogers and being better. This show’s links: Larry Alexander, Constrained by Precedent (http://heinonline.org/HOL/LandingPage?handle=hein.journals/scal63&div=10&id=&page=) Scott Hershovitz, Integrity and Stare Decisis (https://books.google.com/books?id=O3FCAgAAQBAJ&lpg=PP1&dq=Exploring%20Law%27s%20EmpireThe%20Jurisprudence%20of%20Ronald%20Dworkin%24%20Exploring%20Law%27s%20Empire%3A%20The%20Jurisprudence%20of%20Ronald%20Dworkin&pg=PR16#v=onepage&q&f=false) Aaron Glantz and Emmanuel Martinez, For People of Color, Banks Are Shutting the Door to Homeownership (https://www.revealnews.org/article/for-people-of-color-banks-are-shutting-the-door-to-homeownership/) Zhigang Wei, Hugh McDonald, and Christine Coumarelos, Fines: Are Disadvantaged People at a Disadvantage? (http://www.lawfoundation.net.au/ljf/app/&id=D5D375991CE8E1B68525823A000641F4) Banach spaces (https://en.wikipedia.org/wiki/Banach_space) Christian Turner, Models of Law (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2835112) Lawerence Solum, On the Indeterminacy Crisis: Critiquing Critical Dogma (https://scholarship.law.georgetown.edu/facpub/1957/) Robert Cover, Violence and the Word (http://digitalcommons.law.yale.edu/fss_papers/2708/) Ben Thompson, The Facebook Brand (https://stratechery.com/2018/the-facebook-brand/) Will Oremus, The Real Scandal Isn’t What Cambridge Analytica Did (https://slate.com/technology/2018/03/the-real-scandal-isnt-cambridge-analytica-its-facebooks-whole-business-model.html) Oral Argument 72: The Guinea Pig Problem (http://oralargument.org/72) (guest Michelle Meyer) Matthew Yglesias, The Case Against Facebook (https://www.vox.com/policy-and-politics/2018/3/21/17144748/case-against-facebook) Nicholas Carlson, Well, These New Zuckerberg IMs Won't Help Facebook's Privacy Problems (http://www.businessinsider.com/well-these-new-zuckerberg-ims-wont-help-facebooks-privacy-problems-2010-5) Oral Argument 58: Obscurity Settings (http://oralargument.org/58) (guest Woody Hartzog) The trailer for Won't You Be My Neighbor? (https://kottke.org/18/03/the-trailer-for-wont-you-be-my-neighbor)
The drug trade snares people into human trafficking through drug smuggling, forced addiction, and luring people who are addicted. Seth Daire and JJ Janflone give an overview of drug trafficking into the United States and then talk about how drugs overlap with human trafficking. Sources: http://www.bbc.com/news/world-latin-america-40480405 https://worldview.stratfor.com/article/mexicos-cartels-will-continue-splinter-2017 http://www.businessinsider.com/dea-maps-of-mexican-cartels-in-the-us-2016-12 https://www.dea.gov/resource-center/2016%20NDTA%20Summary.pdf https://www.cbp.gov/sites/default/files/assets/documents/2017-Jun/CBP-Snapshot-06012017.pdf http://www.npr.org/2011/12/04/143025654/migrants-say-theyre-unwilling-mules-for-cartels http://www.rehabs.com/drug-addiction-fuels-the-fire-of-human-trafficking/ https://broadly.vice.com/en_us/article/vv5949/what-its-like-to-be-a-female-drug-mule-serving-time-in-prison http://www.insightcrime.org/news-briefs/cocaine-traffickers-evolving-more-sophisticated-drug-mule-operations http://heinonline.org/HOL/LandingPage?handle=hein.journals/inlr28&div=23&id=&page= http://humantraffickingcenter.org/men-boys/ https://economics.mit.edu/files/11092 http://www.aljazeera.com/indepth/features/2016/01/deadly-human-trafficking-business-mexico-border-160117073423022.html http://www.cbsnews.com/news/mexico-drug-gangs-using-more-children-as-mules/ https://www.unodc.org/southasia/frontpage/2012/october/drug-mules_-swallowed-by-the-illicit-drug-trade.html http://www.huffingtonpost.com/ana-davila/drug-cartels-where-human-trafficking-and-human-smuggling-meet-today_b_7588408.html https://www.usatoday.com/story/news/crime/2017/04/17/they-got-young-girls-hooked-drugs-feds-allege-then-they-forced-them-into-prostitution/100568196/ http://www.bostonherald.com/news/local_coverage/2017/03/special_report_opiate_crisis_pushes_addicts_to_sex_trade http://www.health24.com/Mental-Health/Alcohol/10-facts-on-drug-mules-20120721 http://www.pennlive.com/news/2017/07/da_human_traffic_trafficking_p.html http://www.imdb.com/title/tt0390221/ Photo: Dulue Mbachu and International Relations and Security Network via Flickr
What do the federal appeals courts’ striking down of same-sex marriage bans actually mean for marriage equality in the states? Are the state courts bound to follow these decisions while the Supreme Court pursues other interests? Well, Christian got this completely wrong last week, and luckily Michael Dorf is on the line to set us straight. Knowledge bombs galore are dropped. This show’s links: Michael Dorf’s profile, his writing, and his world-famous blog Dorf on Law Amicus, the new Slate podcast by Dahlia Lithwick Oral Argument 36: Firehose of Equality, the last episode in which Anthony Kreis was terrific and Christian made an error that led to this show Michael Dorf, No Massive Resistance to Same-Sex Marriage from South Carolina Michael Dorf, The Relative Importance of Inter-Circuit Conflict and State-Circuit Conflict as Cert Criteria About claim preclusion and nonmutual issue preclusion; United States v. Mendoza (holding that issue preclusion does not apply against the federal government) Colin Wrabley, Applying Federal Courts of Appeals’ Precedent The Supremacy Clause of the U.S. Constitution Lochart v. Fretwell, in which Justice Thomas concurred and briefly argued that the “Supremacy Clause demands that state law yield to federal law, but neither federal supremacy nor any other principle of federal law requires that a state court's interpretation of federal law give way to a (lower) federal court's interpretation” Martin v. Hunter’ Lessee About the grimly named Antiterrorism and Effective Death Penalty Act, which everyone calls “the AEDPA,” and pronounces ED-puh The federal habeas statute, reflecting in subsection (d) the deference required by the AEDPA to state court judgments on issues of federal law in habeas, which federal law must be “clearly established . . . by the Supreme Court” to be a constraint in habeas on states at all Teague v. Lane About the removal jurisdiction of federal courts, the ability of a defendant to move a state court action to a federal court under certain circumstances Guido Calabresi, Federal and State Courts: Restoring a Workable Balance Henry Friendly, In Praise of Erie — And of the New Federal Common Law (unfortunately only available for a fee on Hein Online) State v. Dukes (an intermediate South Carolina appellate ruling citing State v. Ford Motor Co. for the proposition that South Carolina courts are bound by the constitutional rulings of the Fourth Circuit) Kevin Walsh, Re: SSM Cert Denials (suggesting South Carolina should review and change its apparent approach to Fourth Circuit precedent) Michael Dorf, Should Anti-SSM Appeals Court Judges Rule For Same-Sex Marriage Based On The Cert Denials? Michael Dorf, Prediction and the Rule of Law (an article analyzing the general point applied in the above-linked blog post) Oral Argument 28: A Wonderful Catastrophe, which is all about and contains links for the famous Erie case Michael Dorf, How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era United States v. Windsor Michael Dorf, Cert Denied Is Justice Delayed: SCOTUS Kremlinology in the SSM Cases Stuart v. Laird and some background Special Guest: Michael Dorf.
Can non-human animals be “victims” of a crime? The Oregon Supreme Court recently decided they could be. We talk with Matthew Liebman, senior attorney with the Animal Legal Defense Fund, about the law of animals. Why and how do we prohibit animal cruelty? Is it to protect our own feelings, the inherent rights of animals themselves, a little of both? Does prohibiting cruelty protect us from hurting one another? Does a housefly have a right to an education? We discuss the difficulties of being perfect, the omnipresence of trade-offs, whaling by native peoples, whether a chimpanzee can sue in habeas corpus. And, come to think of it, why does Joe pronounce chimpanzee incorrectly, and how did he get Christian to start doing the same? This is the one about the role of animals in a system of human cooperation, and it features an all to brief return of the monkey selfie. (And we finally get to some of the excellent listener feedback we’ve gotten. Keep it coming: oralargumentpodcast@gmail.com.) This show’s links: About Matthew Liebman, senior attorney for the Animal Legal Defense Fund Bruce Wagman and Matthew Liebman, A Worldview of Animal Law Oregon v. Nix, the case about animals as “victims” David Favre and Vivien Tsang, The Development of Anti-Cruelty Laws During the 1800s (PDF and HTML) About Henry Bergh, founder of the American Society for the Prevention of Cruelty to Animals The Moral Status of Animals, an overview that includes a description of Immanuel Kant’s views on the moral status of animals Andrew Ireland Moore, Defining Animals as Crime Victims (note, Joe referred to this article, but the one by my classmate, Adam Kolber, is here) Current cases in which ALDF is involved Leanne Louie, Toothed Whales: Are They People Too Thomas Martin, Whaling Rights of the Makah (see also, via HeinOnline, Lawrence Watters and Connie Dugger, Hunt for Gray Whales: The Dilemma of Native American Treaty Rights and the International Moratorium on Whaling Maneesha Deckha, Animal Justice, Cultural Justice: A Posthumanist Response to Cultural Rights in Animals (Hein only) and Initiating a Non-Anthropocentric Jurisprudence Steven Wise’s Nonhuman Rights Project Michael Mountain, Appeals Court Sets Date for First Chimpanzee Lawsuit Sierra Club v. Morton, in which Justice Douglas would find legal standing in the natural world itself (and citing Christopher Stone, Should Trees Have Standing? Toward Legal Rights for Natural Objects) Sue Donaldson and Will Kymlicka, Zoopolis: A Political Theory of Animal Rights (also see an overview by the authors) About the other mind problem About cognitive ethology and animal cognition Ben Beaumont-Thomas, SeaWorld shares tumble 33% following Blackfish documentary Tilikum v. Sea World Parks and Entertainment, the 13th Amendment case brought on behalf of Sea World’s orcas American Meat Institute v. USDA Special Guest: Matthew Liebman.
We dive into the legal nature of the regulatory state with Ethan Leib of Fordham Law School. In what sense is the making of regulatory policy, whether on the environment or on net neutrality, a legal process? Should regulatory agencies adhere to precedent or otherwise be bound by law-like doctrines? We learn about the White House’s influence over rulemaking through OIRA and question how OIRA should function and what legal principles should govern it. This show’s links: Ethan Leib’s faculty profile and articles This Week in Law 263: More Bodies on Blackacre, on which Joe and Christian were guests Nestor Davidson and Ethan Leib, Regleprudence - at OIRA and Beyond Mark Tushnet, Legislative and Executive Stare Decisis The nuclear option About OIRA, the Office of Information and Regulatory Affairs, and its resource page The major executive orders concerning federal regulation and the role of OIRA The repository of OIRA return letters Cass Sunstein, The Office of Information and Regulatory Affairs: Myths and Realities Catherine Sharkey, State Farm 'with Teeth': Heightened Judicial Review in the Absence of Executive Oversight Julius Cohen, Towards Realism in Legisprudence and Legisprudence: Problems and Agenda Lon Fuller, The Morality of Law Carol Rose, New Models for Local Land Use Decisions Cass Sunstein’s memorandum for agency heads, Disclosure and Simplification as Regulatory Tools Office of Management and Budget, Circular A-4 Public comments on the Obama administration’s proposal to revise the basic regulatory executive order (including comments from Martha Nussbaum, Eric Posner, Gillian Metzler, Richard Revesz, Michael Livermore, and Peter Strauss) Ethan Leib and David Ponet, Fiduciary Representation and Deliberative Engagement with Children Evan Criddle, Fiduciary Administration: Rethinking Popular Representation in Agency Rulemaking Special Guest: Ethan Leib.