It's our annual Supreme Court term roundup, with special guest Ian Samuel. We discuss, natch, one case, Carpenter v. United States, which concerns the need for a warrant to get records from cell phone companies concerning the location of your phone. But there's much more, including: hard drive upgrades, the sum total of human writing, audio vs. text for messaging, emojis, AI and grunts, Supreme Court-packing / balancing / restructuring (16:37), what rules of procedure an enlarged Court should set for itself and what rules should be imposed on it (29:00), podcast lengths and listening habits (51:04), Carpenter v. United States(01:02:06), Batman movies, and Hold-Up.
This show’s links:
First Mondays (http://www.firstmondays.fm)
Ian Samuel’s writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=936551)
Ian Samuel, The New Writs of Assistance (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3075587)
Snopes, Did Facebook Shut Down an AI Experiment Because Chatbots Developed Their Own Language? (https://www.snopes.com/fact-check/facebook-ai-developed-own-language/) (no, but interesting)
Oral Argument 134: Crossover (http://oralargument.org/134)
Christian Turner, Amendment XXVIII: A First Draft (https://www.hydratext.com/blog/2018/7/12/amendment-xxviii)
Ian Ayres and John Witt, Democrats Need a Plan B for the Supreme Court. Here’s One Option. (https://www.washingtonpost.com/opinions/democrats-need-a-plan-b-for-the-supreme-court-heres-one-option/2018/07/27/4c77fd4e-91a6-11e8-b769-e3fff17f0689_story.html)
Oral Argument 37: Hammer Blow (http://oralargument.org/37) (with Michael Dorf); Oral Argument 38: You're Going to Hate this Answer_ (http://oralargument.org/38) (with Steve Vladeck); Christian Turner, Bound by Federal Law (http://www.hydratext.com/blog/2014/10/29/bound-by-federal-law) (including links to posts by Michael and Steve on the issue of state courts' not being bound by federal circuit courts)
Carpenter v. United States (https://www.supremecourt.gov/opinions/17pdf/16-402_new_o75q.pdf)
Radiolab, Eye in the Sky (https://www.wnycstudios.org/story/update-eye-sky/)
Ian Samuel, Warrantless Location Tracking (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1092293)
Lucas v. South Carolina Coastal Council (https://scholar.google.com/scholar_case?case=659168721517750079)
Florida v. Jardines (https://scholar.google.com/scholar_case?case=2570635442757547915)
Justice Souter’s discussion of Plessy and the role of history in judging (http://www.c-span.org/video/?284498-2/america-courts) (watch from minute one until about minute fourteen) and his Harvard Commencement speech (http://news.harvard.edu/gazette/story/2010/05/text-of-justice-david-souters-speech/) on Plessy
Hold Up! (http://www.hydratext.com/blog/2015/7/24/hold-up)
Special Guest: Ian Samuel.