OT2017 #25: “The Way The Chief Loves Mootness”

OT2017 #25: “The Way The Chief Loves Mootness”Supreme Court opinions have been coming down in a slow trickle, but it’s enough to quench our thirst. This week, we recap five cases the justices have decided, from sports betting to privacy expectations in rental cars, from shackling criminal defendants to determining effective assistance of counsel. Plus, we return briefly to the eight-member court as Justice Neil Gorsuch sits out […]

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OT2017 #25: “The Way The Chief Loves Mootness”

Supreme Court opinions have been coming down in a slow trickle, but it’s enough to quench our thirst. This week, we recap five cases the justices have decided, from sports betting to privacy expectations in rental cars, from shackling criminal defendants to determining effective assistance of counsel. Plus, we return briefly to the eight-member court as Justice Neil Gorsuch sits out a case about wiretapping.

We’ll start it all off looking at some cases that have been granted for next term, and we’ll finish by trying to game out who is writing which remaining opinions.

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OT2017 #24: “Kudos To Whoever Did This”

OT2017 #24: “Kudos To Whoever Did This”This week, we come to you from Bank of America’s Legal Round Table conference in Charlotte, North Carolina. After sitting on a panel, we recruited two guest hosts for this episode: Roman Martinez of Latham & Watkins, and Willy Jay of Goodwin Procter. The Supreme Court hasn’t given us much to talk about, but fortunately we held a couple […]

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OT2017 #24: “Kudos To Whoever Did This”

This week, we come to you from Bank of America’s Legal Round Table conference in Charlotte, North Carolina. After sitting on a panel, we recruited two guest hosts for this episode: Roman Martinez of Latham & Watkins, and Willy Jay of Goodwin Procter.

The Supreme Court hasn’t given us much to talk about, but fortunately we held a couple of opinions for exactly this reason. We’ll get into the results in the patent-law cases of Oil States Energy Services v. Greene’s Energy Group and SAS Institute Inc. v. Iancu.

Finally, we’ll get a tiny peek into next season of First Mondays by going over some recent grants, including one interesting death-penalty case about the method of execution.

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OT2017 #23: “After Dark”

OT2017 #23: “After Dark”The Supreme Court finished up its final sitting of October Term 2017 last week, and the justices heard argument in several big cases in what is proving to be a hugely consequential term. We recap oral arguments in the travel-ban case, Trump v. Hawaii, as well as the fascinating separation-of-powers dispute, Lucia v. SEC. We also take a deep dive into Jesner v. Arab […]

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OT2017 #23: “After Dark”

The Supreme Court finished up its final sitting of October Term 2017 last week, and the justices heard argument in several big cases in what is proving to be a hugely consequential term. We recap oral arguments in the travel-ban case, Trump v. Hawaii, as well as the fascinating separation-of-powers dispute, Lucia v. SEC. We also take a deep dive into Jesner v. Arab Bank, one of the biggest opinions the court has released so far this term.

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OT2017 #22: “Cf. Everything”

OT2017 #22: “Cf. Everything”We’re live at the University of Akron School of Law to preview the Supreme Court’s final—and perhaps its most important—sitting of October Term 2017. Come for our predictions on the travel-ban case, Trump v. Hawaii. Stay for Ian’s rant on interstate egg regulation, Dan’s second thoughts on #GorsuchStyle, a radical proposal for habeas reform, and […]

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OT2017 #22: “Cf. Everything”

We’re live at the University of Akron School of Law to preview the Supreme Court’s final—and perhaps its most important—sitting of October Term 2017. Come for our predictions on the travel-ban case, Trump v. Hawaii. Stay for Ian’s rant on interstate egg regulation, Dan’s second thoughts on #GorsuchStyle, a radical proposal for habeas reform, and a whole lot more—including a recap of the court’s biggest opinion of the term so far, Sessions v. Dimaya. We also fill you in on the court’s slightly-less-exciting opinions in United States v. Microsoft and Wilson v. Sellers, discuss some interesting relists and take some great audience questions—including one by a Volokh Conspirator who makes a surprise appearance (listen ’til the end to find out who!).

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OT2017 #21: “Under the Mattress”

OT2017 #21: “Under the Mattress”We’re coming up on the final arguments of the term, and we’ll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We’ll also catch up on grants, orders and opinions. What’s with the Supreme Court and qualified immunity cases? Why is Justice Sonia Sotomayor fired up in her dissent, and […]

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OT2017 #21: “Under the Mattress”

We’re coming up on the final arguments of the term, and we’ll get you ready with a preview of the future of online sales tax in South Dakota v. Wayfair. We’ll also catch up on grants, orders and opinions. What’s with the Supreme Court and qualified immunity cases? Why is Justice Sonia Sotomayor fired up in her dissent, and why is Justice Ruth Bader Ginsburg the only other liberal justice to back her up? Plus, with the help of a hotline call, we’ll talk about what would happen if a majority of justices have to recuse themselves from a case.

And speaking of hotline calls, we got a lot of them! We’ll answer your questions and praise your dedicated research skills.

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OT2017 #20: “I Am The Split”

OT2017 #20: “I Am The Split”The Supreme Court’s March sitting goes out like a lamb… if a lamb symbolizes a 9-0 opinion written by Chief Justice John Roberts. But first, we’re going in like a lion and naming names in the War on Arbitration— those Biglaw firms that require summer associates to sign arbitration agreements. And as for that lamb of […]

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OT2017 #20: “I Am The Split”

The Supreme Court’s March sitting goes out like a lamb… if a lamb symbolizes a 9-0 opinion written by Chief Justice John Roberts. But first, we’re going in like a lion and naming names in the War on Arbitration— those Biglaw firms that require summer associates to sign arbitration agreements.

And as for that lamb of a sitting, we’ll talk about what the chief’s opinion in Hall v. Hall means for the definition of “consolidation.” And then, it’s round two of partisan gerrymandering in Benisek v. Lamone. With some incisive questions from the chief and Justices Anthony Kennedy and Elena Kagan, we might be a little closer to understanding the potential outcomes.

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OT2017 #19: “This Classroom Is Not Full”

OT2017 #19: “This Classroom Is Not Full”Live from Yale Law School, it’s First Mondays! We’re joined by Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse. First, we discuss the orders docket — what does it signal when the three liberal justices join Justice Stephen Breyer in a statement about denying a death penalty case? Then, we address the […]

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OT2017 #19: “This Classroom Is Not Full”

Live from Yale Law School, it’s First Mondays! We’re joined by Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse. First, we discuss the orders docket — what does it signal when the three liberal justices join Justice Stephen Breyer in a statement about denying a death penalty case? Then, we address the trickle of opinions that have come out and speculate about what’s holding back the floodwaters. We move on to recapping the argument in NIFLA v. Becerra, the case about abortion and the First Amendment. Is Justice Anthony Kennedy right in that justices shouldn’t use the internet to supplement the record? Finally, we preview Hughes v. United States and Benisek v. Lamone. For the latter, we theorize about why the Supreme Court is hearing another partisan-gerrymandering case when Gill v. Whitford is still pending.

With court business taken care of, we get some time to talk to Linda about some of her recent writing, including her view of Chief Justice John Roberts’ search for middle ground, and how she thinks Justice Antonin Scalia’s legacy is holding up.

And since it’s live, we’ll close with a few audience questions! Many thanks to Yale Law School for hosting us, and to Linda Greenhouse for joining our discussion.

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OT2017 #18: “Legal Faux Pas”

OT2017 #18: “Legal Faux Pas”Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We’ll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce. But […]

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OT2017 #18: “Legal Faux Pas”

Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. We preview National Institute of Family and Life Advocates v. Becerra, a case at the intersection of abortion and the First Amendment. We’ll also talk about Sveen v. Melin, a contracts clause case that will determine what happens to life insurance after divorce.

But before we get into those, we try something new– flagging a few interesting cert petitions that we’ll watch as they make their way through the court’s discussion lists. There are also birthdays and anniversaries to celebrate, as well as some key corrections to issue.

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OT2017 #17: “Elephants Rarely Hide in Pajamas”

OT2017 #17: “Elephants Rarely Hide in Pajamas”While the Supreme Court takes a breather between sittings, we delve into the grants, orders and opinions they’ve been churning out over the past few weeks. Good news — at least some of them are interesting! We’ll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant’s rights, with a lot more in between. […]

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OT2017 #17: “Elephants Rarely Hide in Pajamas”

While the Supreme Court takes a breather between sittings, we delve into the grants, orders and opinions they’ve been churning out over the past few weeks. Good news — at least some of them are interesting! We’ll talk about everything from original jurisdiction, to the death penalty, to a detained immigrant’s rights, with a lot more in between. Plus, we turn to Danielle D’Onfro for her expertise in one bankruptcy case — and another case merely pretending to be a bankruptcy case.

We’ll close out with a few hotline calls, including one that will speak to your inner poet.

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OT2017 #16: “Robots in Ireland”

OT2017 #16: “Robots in Ireland”The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31; Minnesota Voters Alliance v. Mansky; United States v. Microsoft Corp.; and Lozman v. City of Riviera Beach. Next week we’ll talk about orders and opinions, and we’ll […]

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OT2017 #16: “Robots in Ireland”

The February sitting is over, but the argument recaps are just beginning. We welcome back Nina Totenberg to talk about four big cases from the past two weeks: Janus v. American Federation of State, County, and Municipal Employees, Council 31Minnesota Voters Alliance v. ManskyUnited States v. Microsoft Corp.; and Lozman v. City of Riviera Beach.

Next week we’ll talk about orders and opinions, and we’ll also answer your questions—so call the hotline: 202-813-0839.

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