Mooc Court | America's Written Constitution with Akhil Reed Amar

The video provides a clear and insightful explanation of the Supreme Court’s discretionary review process and the nuances of judicial opinions. The presenters, Nick Crown and Bradley Silverman, demonstrate a solid understanding of constitutional law and effectively communicate complex concepts to an audience with some legal background. The discussion of certiorari and the low grant rate accurately reflects the reality of the Supreme Court’s docket, and they correctly highlight the significant role of appellate courts in shaping law. The explanation of concurring and dissenting opinions is particularly strong, with the example of Harlan’s dissent in Plessy becoming the basis for Brown v. Board of Education illustrating how dissents can influence future decisions. The analysis of Holt v. Hobbs is thorough, tracing the evolution from Employment Division v. Smith to RFRA and RLUIPA, and they appropriately identify the key issue of whether the grooming policy is the least restrictive means. Similarly, the discussion of Elonis v. United States raises important questions about the mens rea requirement for threats and the potential chilling effect on speech. The presenters are careful to note uncertainties and do not overstate their claims. However, the video is an informal discussion rather than a formal lecture, and it lacks citations to specific legal sources. Some points, such as the number of circuit judges, are left unresolved, which slightly detracts from the overall rigor. The adéquation between title and content is strong, as the session directly complements the MOOC’s themes. Overall, the video offers valuable insights into the practical workings of the Supreme Court and the interpretation of the Constitution, making it a useful resource for students and enthusiasts of constitutional law.

The title accurately reflects the content, which is a bonus session for the Yale MOOC on America's Written Constitution, discussing how constitutional law is made and analyzing two pending cases.

8/10

The video is presented by two teaching assistants from Yale, likely with legal expertise, and discusses Supreme Court procedures and cases with accuracy and nuance. The content aligns with established legal concepts and case law, and the discussion is balanced and well-reasoned. However, it is an informal discussion without formal citations or peer review, and the presenters admit uncertainty on some points.

• 00:00How a case reaches the Supreme Court
• 03:17Concurrences, dissents, and pluralities
• 05:23When a dissent becomes the majority
• 08:57Holt v. Hobbs, and a half-inch beard
• 11:34Employment Division v. Smith, RFRA, and RLUIPA
• 15:43The search for a limiting principle
• 22:59Is a blanket ban the least restrictive means
• 24:31Elonis v. United States
• 25:31The interstate hook, and bratty children
• 29:37Intent, or the reasonable listener
• 38:17Chilling speech, and rap lyrics
• 43:34Predictions

• America's Written Constitution - Yale Online — Course page for the MOOC this video is part of.
• America's Written Constitution - Coursera — Coursera version of the course.
• YouTube Playlist — Playlist containing course videos.

• Supreme Court Procedures - US Courts — Official description of the certiorari process.