Dissenting Opinions

Sep 17 2022 24 ep. 40 mins 116
Dissenting Opinions Podcast artwork

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.

  Education  Government
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That Other Original Sin (with Maggie Blackhawk)

Sep 17 2022 45 mins  
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 histor

Finale

May 02 2022 25 mins  
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?

Life of the Body

Apr 28 2022 35 mins  
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.

Life of the Mind

Apr 25 2022 36 mins  
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 wha

Liberation Isn't a Zero-Sum Game

Apr 21 2022 29 mins  
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.

Taking The Easy Way Out

Apr 18 2022 24 mins  
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.

We're Actually in a Haunted House

Apr 14 2022 31 mins  
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.

Critical Race Theory is a Verb

Apr 11 2022 26 mins  
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 abou

Checks and Balances (with Curt Bradley)

Sep 17 2021 49 mins  
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

Fractured Opinions (with Nina Varsava)

Aug 11 2021 50 mins  
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