Unpublished Opinions

Unpublished Opinions


Unpublished Opinions 5 | Legal Fictions

February 05, 2024

It’s the latest episode of Unpublished Opinions, a Short Circuit podcast (but not actually Short Circuit). This is the podcast where Institute for Justice attorneys talk about the legal world beyond the federal courts of appeals. Diana Simpson and Josh Windham drop in to dialogue and diatribe about quite a few subjects you may—or may not—have your own opinions about. These include legal fictions, stare decisis, the vintage of the incorporation doctrine, and the Supreme Court’s recent opinion in Acheson Hotels v. Laufer (that’s the Americans with Disabilities Act case about mootness and standing–or should it be standing and mootness?).


Acheson Hotels v. Laufer


Richard Dietz, Factories of Generic Constitutionalism


Mazzone & Tecimer, Interconstitutionalism


General Law and the Fourteenth Amendment