Month: July 2022

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SCOTUScast - United States v. Tsarnaev – Post-Decision SCOTUScast

On March 4, 2022, the U.S. Supreme Court decided United States v. Tsarnaev. In a 6-3 decision, the Court reversed the judgment of the U.S. Court of the Appeals for the First Circuit, holding that the court improperly vacated Dzhokhar Tsarnaev's capital sentences.

The Court held that the judge's conduct of voir dire conformed to its precedents and reversed the First Circuit's holding that the judge had violated a rule established by that circuit under its supervisor power. The Court held that courts of appeals have no power to circumvent or supplement legal standards established in Supreme Court precedents.

The Court also held that the judge was within his authority to exclude from the penalty trial hearsay evidence of Tsarnaev's brother's involvement in an unrelated murder. The Court rejected the argument that the Eighth Amendment requires admission of all mitigating evidence no matter how dubious or how weakly mitigating.

Justice Thomas delivered the opinion of the court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett joined. Barrett filed a concurring opinion, in which Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

Featuring:
Kent Scheidegger, Legal Director, Criminal Justice Legal Foundation
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Stuff They Don't Want You To Know - Is LaMDA alive? Part II

Recently, Google engineer Blake Lemoine made international news with his claims that the company's creation LaMDA - Launguage Model for Dialogue Applications - has become sentient. While Google does describe LaMDA as "breakthrough conversation technology," the company does not agree with Lemoine -- to say the least. In part two of this two-part series, Ben and Matt explore the critics' responses -- as well as Lemoine and LaMDA's takes. (Note: shortly after this recording, Lemoine was officially fired from Google.)

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Honestly with Bari Weiss - The Eternally Radical Idea

There is no organization that’s done more to fight for freedom of speech on American campuses over the past 20 years than FIRE, The Foundation for Individual Rights in Education. If you care deeply about the First Amendment and a robust culture of free speech, FIRE is the kind of organization you hope will go out of business. 


Unfortunately, as our friend Andrew Sullivan has perfectly put it, we all live on campus now. 

As the culture of campus has become the culture of the country—one in which ideological conformity is enforced by mobs that wield the weapons of shame and stigma—it should not come as a surprise that 62% of Americans say they hold views they are afraid to share in public.


All of which is why FIRE is radically expanding its scope and its ambition. The Foundation for Individual Rights in Education is now The Foundation for Individual Rights and Expression. And the organization has announced a goal of $75 million in order to pick up the flag the ACLU has put down by becoming the premier civil liberties organization in America.


Today: a conversation with the president and CEO of FIRE, Greg Lukianoff. Lukianoff is also the author of “Unlearning Liberty” and the co-author, with Jonathan Haidt, of “The Coddling of the American Mind.” 

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CBS News Roundup - World News Roundup: 07/27

The Justice Department is investigating President Trump's actions on January 6th. The Fed expected to hike interest rates again. Britney Griner back in court. CBS News Correspondent Steve Kathan has today's World News Roundup.

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Headlines From The Times - He took Trump’s Jan. 6 close-up

The Jan. 6 House subcommittee investigating the events of that day have poured through thousands of hours of videos. But during the hearings, the public also got a sneak preview of even more moments caught on tape — from a documentary that tells the events of the U.S. Capitol insurrection through a behind-the-scenes view of Donald Trump.

Today, we’re talking with documentary filmmaker Alex Holder about his movie “Unprecedented,” which aired this month on Discovery Plus. The documentary offers an inside view into the Trump organization right as Jan. 6 was happening. Read the full transcript here.

Host: Gustavo Arellano

Guests: Filmmaker Alex Holder

More reading:

Jan. 6 panel to receive Trump family footage from 2020 election and Capitol insurrection

Five takeaways from the Trump Jan. 6 documentary ‘Unprecedented’

A new Trump doc was subpoenaed by Jan. 6 committee. It’s not as revelatory as it sounds

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Time To Say Goodbye - Fake boba, fake pork with Wei Tchou

Hello from a walk-up apartment! 

This week, Tammy and Jay invite food-and-culture writer Wei Tchou to discuss trends in plant-based meat and beverages. Wei has written beautifully about fermenting tempeh, making her own soy sauce, and learning to love baijiu. 

In our first investigative segment (lol), we send Jay out on the streets of Norcal. The U.S. chain Peet’s Coffee has proclaimed this the “Summer of Jelly,” dropping a new “boba-like” drink addition that’s been deemed cultural appropriation by some, harmless bobafication by others. Jay ventures to the original Peet’s in Berkeley to find out: Is the jelly any good? 

Then, Wei shills for Big Fake Pig! Could Impossible Pork be the answer to her tireless search for a veg alternative in cooking Chinese? How do new vegan meat products fit into food landscapes that have long used plant-based substitutes? Could vegan pork be an ecological and ethical cure in regions where meat consumption is still on the rise? Plus: David Chan’s unique brand of service journalism and Wei’s problematic cookbook fave. 

Check out our subscriber Discord for bonus items from Jay’s Peet’s odyssey and Wei’s kitchen.

And, on August 25, we’ll be having a subscribers-only book club with the great novelist Lisa Hsiao Chen, author of Activities of Daily Living. Come on through! 

Thanks as always for your support! Please subscribe and stay in touch via Patreon and Substack, follow us on Twitter, and email us at timetosaygoodbyepod@gmail.com. 



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The Intelligence from The Economist - Kicking the canister down the road: EU energy policy

Russia cut the gas flowing through the Nord Stream 1 pipeline by half in what many see as retaliation for Europe’s support of Ukraine. EU energy ministers fear further cuts as winter approaches. A new research review suggests the decades-long reliance on SSRIs to treat depression was based on a false premise. And why Dakar’s plant vendors show such high levels of trust. For full access to print, digital and audio editions of The Economist, subscribe here www.economist.com/intelligenceoffer