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PODCAST

Digging a Hole: The Legal Theory Podcast

Digging a Hole Podcast

Yale Law School professors Samuel Moyn and David Schleicher interview legal scholars and dig into the debates heard inside law school halls.

science social sciences

All Episodes

00:55:42

Stephen Sachs and Ernest Young

Digging a Hole: The Legal Theory Podcast ·

2021/03/09

Stephen Sachs and Ernest Young, professors of law at Duke University, join us for a debate on the Erie doctrine. We pit these two scholars against one another to find out whether Erie was wrongly decided. Should state courts have the “last word” on interpretations of state law? Should we limit the role of general law? Does any of this matter? Additional readings, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

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01:04:48

Gabriel Winant

Digging a Hole: The Legal Theory Podcast ·

2021/02/23

On this week’s episode we talk to Gabriel Winant, Assistant Professor of U.S. History at the University of Chicago, about his forthcoming book, The Next Shift: The Fall of Industry and the Rise of Health Care in Rust Belt America. In it, he focuses on the political economy of Pittsburgh since World War II—specifically, how blue-collar manufacturing jobs were eventually replaced by female-dominated, yet lower-paid and less stable, positions in healthcare services. In this conversation, we mostly just

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00:42:58

Claire Priest

Digging a Hole: The Legal Theory Podcast ·

2021/02/16

On this episode we speak to our colleague, Claire Priest, about her new book, Credit Nation: Property Laws and Institutions in Early America. We discuss her research into the early American laws that commodified real and personal property as well as how those laws facilitated the rise of credit markets and helped entrench slavery. We also discuss the relationship between property owners and the state as well as the formalization of property rights during this period. Additional readings, including

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00:53:55

Kate Shaw & Leah Litman

Digging a Hole: The Legal Theory Podcast ·

2021/02/09

We’re kicking off Season 2 by chatting with the hosts of the Strict Scrutiny podcast, Kate Shaw and Leah Litman, about the future of the Supreme Court, reform proposals, and the Court’s past and present legitimacy. Additional reading, including any referenced during the episode, are available on our website: DiggingAHolePodcast.com.

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00:52:33

Omar Wasow

Digging a Hole: The Legal Theory Podcast ·

2020/12/15

On our last episode this season, we speak with Omar Wasow, assistant professor of politics at Princeton, about his new article that studies how 1960s Black-led protests impacted voting patterns. A key finding is that, while peaceful protests improved Democratic vote share in the 1968 election, violent protests likely led to a shift towards Republicans. We discuss the role of media in framing the protests then and today, and the moral and ethical considerations behind violent and nonviolent protest

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00:58:05

Tracey Meares

Digging a Hole: The Legal Theory Podcast ·

2020/12/01

Yale Law School professor Tracey Meares joins us to discuss the past and future of police reform, including her government and academic work in this area. We touch on what the Obama administration did and didn’t do after Ferguson. We also discuss how calls for defunding the police and prison abolition play out in the policy sphere. Additional reading, including those referenced during the episode, are available on our website: DiggingAHolePodcast.com.

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01:04:41

John Goldberg and Benjamin Zipursky

Digging a Hole: The Legal Theory Podcast ·

2020/11/24

John Goldberg, professor at Harvard Law School, and Benjamin Zipursky, professor at Fordham University School of Law, join us this week to discuss their new bookRecognizing Wrongs in which they outline what principles underly tort law and why tort law matters. We discuss why they think tort law is more than just “accident law” or“ regulation”or an archaic leftover from a different era of social policy. The authors also touch on how their theory of tort law fits into constitutional law,

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00:55:57

Ross Douthat

Digging a Hole: The Legal Theory Podcast ·

2020/11/17

Ross Douthat, a New York Times columnist and conservative political analyst, joins us this week to unpack the election. We discuss the ongoing political realignment. We dig into the future of economic populism on the right and the left. We also debate how each party might build its future coalition, including who might win the hotly-contested neoliberal vote. Additional reading, including those referenced during the episode, are available on our website: DiggingAHolePodcast.com.

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01:06:21

Michael Klarman and Amna Akbar

Digging a Hole: The Legal Theory Podcast ·

2020/11/10

Join us on this episode as we unpack the election with legal scholars Michael Klarman, Professor at Harvard Law School, and Amna Akbar, Professor at the Ohio State University Moritz College of Law. Michael’s forthcoming Harvard Law Review foreword outlines the threat President Donald Trump and the Republicans pose to democracy and how the Supreme Court has enabled them. Amna’s response article outlines what she views as the key movements of our time, including defund the police, cancel rent, and

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01:02:38

Matt Yglesias

Digging a Hole: The Legal Theory Podcast ·

2020/10/30

On this episode, we talk to Vox co-founder and noted political and economics journalistMatt Yglesias about his new bookOne Billion Americans: The Case for Thinking Bigger. Matt argues thatthe U.S. should take active steps — allowing greater immigration and adopting a suite of policies that encourage people to have children — to increase the size of the U.S.population to one billion. Doing so, he argues, would improve the U.S. economy and allow the country to remainthemost powerful nation in the

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01:03:28

Stephen Wertheim and Afroditi Giovanopoulou

Digging a Hole: The Legal Theory Podcast ·

2020/10/27

On this episode we discuss the legal theory of the origins of American empire. Stephen Wertheim, Deputy Director of Research and Policy at the Quincy Institute for Responsible Statecraft, and Afroditi Giovanopoulou, PhD Candidate at Columbia University, join us to discuss their recent works on this subject and debate the role law played in U.S. efforts to reshape the postwar global order. Wertheim’s book,Tomorrow the World: The Birth of U.S. Global Supremacy, discusses intellectual

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01:03:33

Cristina Rodríguez and Adam B. Cox

Digging a Hole: The Legal Theory Podcast ·

2020/10/20

Cristina Rodríguez, Professor of Law at Yale Law School, and Adam B. Cox, Professor of Law at NYU, join us to discuss their new book, The President and Immigration Law, where they outline how the Executive Branch gained nearly-unchecked discretion over immigration policy, the implications of this are for the future of immigration policy, and what this system says about the nature of executive power more broadly. Additional readings, including those referenced during the episode, are available on our

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00:59:32

Steven Teles

Digging a Hole: The Legal Theory Podcast ·

2020/10/13

On our third episode, we speak to Steven Teles, Professor of Political Science at Johns Hopkins University and Senior Fellow at the Niskanen Center about his new book, Never Trump: The Revolt of the Conservative Elites, co-authored with Robert P. Saldin. He outlines what he thinks drove “Never Trumpers” (elite conservatives) to campaign against then-candidate Donald Trump and the role this group now plays at the margins of the Republic Party. He also touches on the theories underlying his views on

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00:56:41

Amy Kapczynski

Digging a Hole: The Legal Theory Podcast ·

2020/10/09

On this episode, we speak to Amy Kapczynski, Professor of Law at Yale Law School, about about her new article in the Yale Law Journal, “Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis,” co-authored with Jedediah Britton-Purdy, David Singh Grewal, and K. Sabeel Rahman. The article outlines how approaches to law that center questions of market efficiency, neutrality, and formal equality render certain forms of power invisible, and “encases” the market from

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00:52:26

Jack Goldsmith

Digging a Hole: The Legal Theory Podcast ·

2020/09/30

With the end of Donald Trump’s presidency potentially imminent, debates have begun about how to reform American politics—and the powers of the executive branch in America’s constitutional system. On this episode, we speak with Jack Goldsmith, professor of law at Harvard University, who recently coauthored After Trump: Reconstructing the Presidency. In this episode, he discusses his vision for reforms that should—and possibly could—be used to reform the presidency after Donald Trump. A leading

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