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Irrational Basis Review: Daily Summaries Delivered
by Leah Litman Melissa Murray Kate Shaw
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- Jan 14, 202213 min
Appointment & Removal
Welcome to season 2 of Irrational Basis Review! We're kicking things off with an overview of Article II of the Constitution and the President's power to appoint officers and remove them.
- Jan 14, 202219 min
Sex, Gender, & the Constitution
Join us for a deep dive into the Fourteenth Amendment's relationship to sex and gender. Even though Abigail Adams implored her husband John to "remember the ladies" when helping to draft the Constitution, the original text doesn't mention women, much less gender. When the Fourteenth Amendment was adopted in 1868, guaranteeing all American citizens equal protection under the law, it became a tool for women and minorities to fight discrimination.
- Jan 14, 202218 min
Race Conscious Remedies
In Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that standard in Brown v. Board of Education, the case holding that racial segregation in schools was unconstitutional. In the past couple of decades, however, a new question has arisen—should strict scrutiny apply to laws that distinguish on the basis of race in order to help minorities?
- Jan 14, 202212 min
Incorporation Doctrine
When first adopted, the Bill of Rights only applied to the federal government -- not state governments. But in the early twentieth century, the Supreme Court began to rule that the rights enumerated in the Bill of Rights are part of the liberty that is protected by the due process clause in the Fourteenth Amendment. Here's a quick and dirty dive into the incorporation doctrine.
- Jan 14, 202241 min
Law School 101
Whether you're just starting law school or need some extra inspiration to help you continue, this conversation is here to help. We're joined by Lindsay Kendrick, Dean of Students and the Assistant Dean for Diversity and Inclusion at NYU School of Law, and Susie Spies Roth, Associate Dean, Dean of Students, and Clinical Assistant Professor of Law at Northwestern's Pritzker School of Law.
- Mar 29, 202118 min
Animus
What happens when rational basis gets bitten by a radioactive animus spider? It becomes super-powered and invalidates a range of discriminatory conduct. Where did this toothier form of rational basis come from? And which Justice made it his life’s work to wring every bit of goodness out of the whole concept of animus?
- Mar 15, 202113 min
Carolene Products: Footnote 4
Start your study of individual rights on the right foot(note) with this discussion of Con Law’s most famous footnote and the tiers of scrutiny that it spawned.
- Feb 20, 20219 min
State Action
A quick, handy guide to the state action doctrine.
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About Irrational Basis Review
Irrational Basis Review: a constitutional law podcast that’s rationally related to a legitimate educational purpose. We'll provide deep dives about the constitutional law cases that are foundational to the first year law school curriculum. For professors, law students, and anyone interested in law! Hosted by Leah Litman, Melissa Murray, and Kate Shaw. Produced by Melody Rowell.
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