CRACKDOWN TIME, with Mila Sohoni! Whatever the law says in the books, it is felt by all of us when it is enforced. How should we think about a sudden change in enforcement priorities that cracks down on some allegedly bad thing? Mila helps us to understand the many reasons agents might have to crack down. From sudden, strict, money-raising speed-limit enforcement to rounding up minorities. We discuss connection with interpretation and “islands of simple literalism,” the role of judges in holding and rhetoric. And speed traps return!
This show’s links:
Mila Sohoni’s faculty profile (https://www.sandiego.edu/law/faculty/profiles/bio.php?ID=1252) and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=976436)
Mila Sohoni, Crackdowns (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2877476)
Bond v. United States (https://scholar.google.com/scholar_case?case=14369486041709640908) and Yates v. United States (https://scholar.google.com/scholar_case?case=4276838743116849486)
Judge Reinhardt’s concurrence in Ortiz v. Sessions (https://scholar.google.com/scholar_case?case=15687290100748814315)
Jed Rakoff, The Financial Crisis: Why Have No High-Level Executives Been Prosecuted? (http://www.nybooks.com/articles/2014/01/09/financial-crisis-why-no-executive-prosecutions/)
Enquist v. Oregon Department of Agriculture (https://scholar.google.com/scholar_case?case=4204636530314193260)
About the Devil’s Advocate (https://en.wikipedia.org/wiki/Devil%27s_advocate)
Zachary Price, Reliance on Nonenforcement (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2823808) (see also his Washington Post op-ed Could the Trump Administration Entrap Dreamers? (https://www.washingtonpost.com/opinions/entrapping-the-dreamers/2016/11/24/36ac92b0-b19f-11e6-8616-52b15787add0_story.html?utm_term=.3c318b1166a5))
Special Guest: Mila Sohoni.