Lawyer and amateur historian Michael Buckner uses the History, Law & Justice podcast to explore legal issues affecting governance, society and culture of the United States and other civilizations, past and present, using history as his guide. From Ancient Greece, Egypt and Rome to the present digital age, Michael enthusiastically uses past historical and cultural lessons to assist his understanding of the how’s and why’s of our modern society.
History, Law & Justice
Claim This Podcastby Michael Buckner
10 episodes
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Podcast Overview
Lawyer and amateur historian Michael Buckner uses the History, Law & Justice podcast to explore legal issues affecting governance, society and culture of the United States and other civilizations, past and present, using history as his guide. From Ancient Greece, Egypt and Rome to the present digital age, Michael enthusiastically uses past historical and cultural lessons to assist his understanding of the how’s and why’s of our modern society.
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Publishing Since
4/19/2020
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Recent Episodes
June 22, 2020
Can the President Replace or Demote the Chief Justice of the Supreme Court?
On June 18, 2020, U.S. President Donald Trump, in response to two major legal setbacks before the Supreme Court, promised to release an updated slate of conservative candidates to serve as Justices should a vacancy arrive during the remainder of his current term or, a second term, if he is reelected in November 2020. Conservative commentators have been especially critical of Chief Justice John Robert’s role in the recent decisions—specifically, the Roberts-authored 5-4 opinion in the case involving the Trump Administration’s effort to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program. The President’s rallying call to the Republican base concerning Supreme Court justice nominations generated a question that host and lawyer Michael Buckner attempts to answer during the episode: Does Trump, or any U.S. President, possess the legal right to demote an incumbent Chief Justice to Associate Justice, and to appoint a new Chief Justice? -------------- Comments, Questions & Feedback: Email: michaelbucknerlaw@gmail.com Facebook: @michaelbucknerlaw YouTube: @michaelbucknerlaw Instagram: @michaelbucknerlaw Twitter: @mbucknerlaw -------------- Citations: Eric Bradner, “In repeat of 2016 strategy, Trump pledges new list of justices after two stinging Supreme Court losses,” CNN (June 18, 2020), available at: https://www.cnn.com/2020/06/18/politics/2020-election-trump-list-supreme-court/index.html. "FAQs - General Information," U.S. Supreme Court website, https://www.supremecourt.gov/about/faq_general.aspx. Judiciary Act of 1789. Judiciary Act of 1869. Pettys, Todd E., Choosing a Chief Justice: Presidential Prerogative Or a Job for the Court? Journal of Law & Politics, Vol. 22, p. 231, 2006; University of Iowa Legal Studies Research Paper No. 07-03, available at SSRN: https://ssrn.com/abstract=958829.
June 5, 2020
Peaceful or Violent: When Does An Assembly Lose Its First Amendment Protection?
Host and attorney Michael Buckner reviews the First Amendment to the U.S. Constitution in light of the protests, demonstrations and riots stemming from the May 25, 2020, death of George Floyd, an unarmed black man who was held down at the neck by a police officer for more than eight minutes. The right to peaceful assembly is protected by the First Amendment. In the episode, Michael summarizes when the First Amendment’s protections for a citizen’s right to an assembly end when it crosses the threshold from peaceful demonstration to violence. -------------- Comments, Questions & Feedback: Email: michaelbucknerlaw@gmail.com Facebook: @michaelbucknerlaw YouTube: @michaelbucknerlaw Instagram: @michaelbucknerlaw Twitter: @mbucknerlaw -------------- Episode Also Available on the Following Podcast Platforms: @Anchor: https://anchor.fm/michaelbucknerlaw/e... @ApplePodcasts: https://podcasts.apple.com/us/podcast... @Spotify: https://open.spotify.com/show/670axRq... @GooglePodcasts: https://www.google.com/podcasts?feed=... @Breaker: https://www.breaker.audio/history-law... @pocketcasts: https://pca.st/wj58eitc @RadioPublic: https://radiopublic.com/history-law-j... -------------- Citations: "Assembly and Association," Bill of Rights Institute (n.d.), available at: https://billofrightsinstitute.org/educate/educator-resources/landmark-cases/assembly-and-association. Ashutosh Bhagwat, “Liberty’s Refuge, or the Refuge of Scoundrels?: The Limits of the Right of Assembly,” 89 Wash. U. L. Rev. 1381 (2012). David L. Hudson Jr., “Freedom of Assembly Overview” (Oct. 29, 2002), https://www.freedomforuminstitute.org/first-amendment-center/topics/freedom-of-assembly/freedom-of-assembly-overview. John D. Inazu, Factions for the Rest of Us, 89 WASH. U. L. REV. 1435, 1438–40 (2012) (responding to concerns about the line between peaceable and violent assembly). "Learning to Give," Right to Assemble (n.d.), available at: https://www.learningtogive.org/resources/right-assemble. James L. Walker, "Brandenburg v. Ohio (1969)," The First Amendment Encyclopedia (n.d.), available at: https://www.mtsu.edu/first-amendment/article/189/brandenburg-v-ohio
May 26, 2020
United States v. Flynn: The Origins of the Writ of Mandamus
On May 21, 2020, the U.S. Court of Appeals for the District of Columbia Circuit directed U.S. District Judge Emmet G. Sullivan, who is presiding over the criminal case against former national security adviser Michael T. Flynn, to respond by June 1, 2020, to Flynn’s May 19, 2020, petition for writ of mandamus. The writ, if issued, would compel Judge Sullivan to grant the U.S. Department of Justice's May 7, 2020, motion to dismiss the criminal charges against Flynn. In today’s episode, host Michael Buckner investigates the origin and purpose of the writ of mandamus. -------------- Comments, Questions & Feedback: Email: michaelbucknerlaw@gmail.com Facebook: @michaelbucknerlaw YouTube: @michaelbucknerlaw Instagram: @michaelbucknerlaw Twitter: @mbucknerlaw -------------- Citations: Marbury v. Madison, 5 U.S. 137 (1803). Kerr v. U.S. Dist. Court, 426 U.S. 394 (1976). Cheney v. U.S. Dist. Court, 542 U.S. 367 (2004). United States v. Fokker Servs., B.V., 818 F. 3d 733 (D.C. Cir. 2016). Howard Brill, "Citizens' Relief Against . Inactive Federal Officials: Case Studies in Mandamus, Actions "In the Nature of Mandamus," And Mandatory Injunctions," 16 Akron Law Rev. 339 (July 2015). Encyclopædia Britannica. Edward Jenks, "The Preogative Writs in English Law," 32 Yale L.J. 6 (Apr. 1923).
10 total episodes available
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This podcast updates daily.
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This podcast is available on 4 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
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