Dishonorable Tradition

Divided Argument

We defy all predictions by releasing a third episode in a week. This time, we talk about the intersection of public accommodations law and the First Amendment in 303 Creative and the Confrontation Clause in Samia v. United States.

2023-07-27 74 min Transcript

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Will: Our readers are going to say-- listeners. Listeners are going to say, [unintelligible . It will not be a two-hour episode, I don't think.
Will: Okay, then maybe we-- okay, that brings me a second one. Maybe we can have the trials at the same time, but separately. There's a couple of ways to do that. You could just have two rooms next to each other, move the witnesses back and forth but neither of them would be able to watch the person's trial because it'll be in their own trial. Or if that's too much work, have one trial with two juries. And then when stuff that D1's jury is not supposed to hear happens, get D1's jury out of the room. And then, when the stuff that D2's jury is not supposed to hear, get them out of the room, and there are parts of the trial they both can watch. Then, you actually avoid the [unintelligible problem, and it's a little more work because you need twice as many jurors, but only one trial.

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