Dissenting Opinions
Dissenting Opinions
Will Baude
Welcome to Dissenting Opinions, a new podcast by the Constitutional Law Institute at the University of Chicago Law School. Hosted by Will Baude, each episode will have top legal minds discuss a Supreme Court case they believe is misunderstood -- with special episodes of a "deep dive" into a legal topic.
That Other Original Sin (with Maggie Blackhawk)
Will is joined by New York University law professor Maggie Blackhawk to discuss federal Indian law and cases including Oklahoma v. Castro-Huerta and the upcoming case Brackeen v. Haaland. Will and Maggie discuss the legacy of colonialism and the Constitution, the separation of powers in Indian Country, and the government's broader constitutional duties. They then discuss the history of the Indian Child Welfare Act (ICWA) and what we might see happen regarding ICWA this fall. Happy Constitution Day!
Sep 17, 2022
45 min
Finale
In the season finale of Deep Dive into Critical Race Theory, Will and Khiara discuss power, privilege, white supremacy, the possibility of a racial utopia, and confront the fundamental question: can one be a critical race theorist and also an individualist?
May 2, 2022
25 min
Life of the Body
In episode 6 of Deep Dive into Critical Race Theory, Will and Khiara dig into healthcare disparities, discussing possible systemic causes from housing to hospital placements to environmental justice. The discussion circles back to many earlier themes, including implicit bias, structural racism, and more.
Apr 28, 2022
35 min
Life of the Mind
In episode 5 of Deep Dive into Critical Race Theory, Will and Khiara discuss the implications of critical race theory interacts on education. They start with critical race theory and K-12 education, including some surprising arguments about Brown v. Board of Education. Then they graduate to affirmative action in college admissions. They also discuss what makes CRT "radical" and what true educational "utopia" would look like.
Apr 25, 2022
36 min
Liberation Isn't a Zero-Sum Game
In episode 4 of Deep Dive into Critical Race Theory, Will and Khiara discuss intersectionality, how we can focus on more than one injustice at time, and how the lens of intersectionality lets us examine the connections between different injustices.
Apr 21, 2022
29 min
Taking The Easy Way Out
In episode 3 of Deep Dive into Critical Race Theory, Will and Khiara zero in on “implicit bias.” They discuss criticisms of anti-racism trainings, legal definitions of racism, the use of social science, and start to preview health disparities and environmental racism, which they will return to a few episodes later.
Apr 18, 2022
24 min
We're Actually in a Haunted House
In episode 2 of Deep Dive into Critical Race Theory, Will and Khiara discuss structural racism, capitalism and land use/zoning laws, individual responsibility in eradicating racism, and how critical race theory became the hot topic phrase in the media today.
Apr 14, 2022
31 min
Critical Race Theory is a Verb
Will is joined by UC Berkeley Law professor Khiara M. Bridges to kick off Season 2 of Deep Dive into Critical Race Theory. In the first episode, Will and Khiara discuss: what IS critical race theory? What makes it “critical”? What distinguishes it from other work on race? What unites it as a theory? Will and Khiara further discuss how optimistic or pessimistic we should be about eradicating racism.
Apr 11, 2022
26 min
Checks and Balances (with Curt Bradley)
In our final episode of Season 1, Will is joined by the newest UChicago Law professor, Curt Bradley, to discuss INS v. Chadha: a transformative case that invalidated the "legislative" veto almost forty years ago. They discuss the formal and functional separation of powers, and the surprising possibility that it wasn't really so transformative after all. This episode also features a look at the scholarship of then-Senator Joseph Biden. Happy Constitution Day!
Sep 17, 2021
49 min
Fractured Opinions (with Nina Varsava)
Will is joined by University of Wisconsin law professor Nina Varsava, where they discuss how to make sense of fractured Supreme Court opinions in light of Marks v. United States. They also discuss the applications of Marks's "narrowest grounds" test in the recent jury-trial decision of Ramos v. Louisiana, with plenty of Dworkin along the way. Later in the episode they dig into Nina's infamous paper on judicial rhetoric.
Aug 11, 2021
50 min
Load more