OT2018 #10: “Come On, General”

OT2018 #10: “Come On, General”There’s a lot to catch up on this week — the second opinion of the term, some weird filings from the government and plenty of Supreme Court news. Dan Epps and Leah Litman also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana. We’ll also look ahead to this week’s argument in Gamble v. United States.

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OT2018 #10: “Come On, General”

There’s a lot to catch up on this week — the second opinion of the term, some weird filings from the government and plenty of Supreme Court news. Dan Epps and Leah Litman also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana. We’ll also look ahead to this week’s argument in Gamble v. United States.

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OT2018 #9: “8,000 Pounds of Shark Fins”

OT2018 #9: “8,000 Pounds of Shark Fins”If you’re sick of leftovers, we’ve cooked up a fresh batch of argument previews for your enjoyment. Beth Colgan of UCLA joins us to prepare and serve the main course: a fascinating case about excessive fines (yes, really) called Timbs v. Indiana.

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OT2018 #9: “8,000 Pounds of Shark Fins”

If you’re sick of leftovers, we’ve cooked up a fresh batch of argument previews for your enjoyment. Beth Colgan of UCLA joins us to prepare and serve the main course: a fascinating case about excessive fines (yes, really) called Timbs v. Indiana.

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OT2018 #8: “Animal Magnetism”

OT2018 #8: “Animal Magnetism”The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we […]

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OT2018 #8: “Animal Magnetism”

The First Mondays national tour continues! This week we’re live at Duke Law School, with not one but two great guest hosts: Professors Marin Levy and Steve Sachs. We catch up on recent SCOTUS news and talk through a recent set of opinions from the “shadow docket.” Then, as both of our guests are civil procedure experts, we take a deep dive into Nutraceutical Corp. v. Lambert, a nerdy-but-interesting procedural case that arises from some particularly spicy factual allegations. Listen to the end for a surprise during the audience Q&A, as perhaps our most distinguished questioner ever crashes the party.

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OT2018 #7: “Now Who’s the Legal Realist?”

OT2018 #7: “Now Who’s the Legal Realist?”If you were hoping that the Supreme Court news cycle would slow down, you’re going to be disappointed this week — there’s a lot to talk about! Will and Dan catch you up on Justice Ruth Bader Ginsburg’s health scare, Justice Brett Kavanaugh’s investiture, a couple of interesting requests for additional briefing in recently argued […]

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OT2018 #7: “Now Who’s the Legal Realist?”

If you were hoping that the Supreme Court news cycle would slow down, you’re going to be disappointed this week — there’s a lot to talk about! Will and Dan catch you up on Justice Ruth Bader Ginsburg’s health scare, Justice Brett Kavanaugh’s investiture, a couple of interesting requests for additional briefing in recently argued cases, some intriguing new cert grants, lots of activity on the “shadow docket,” and more. And — oh yeah — there’s also the end of the November argument session to recap and the term’s first merits opinion to talk about. We also take a detour into the constitutionality of Acting Assistant General Matthew Whitaker’s appointment, and answer several questions from the Hotline. Despite all that content, we somehow managed to keep this one well under epic-length. The signal-to-noise ratio is very high in this episode!

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OT2018 #6: “Hook ‘Em, Tom”

OT2018 #6: “Hook ‘Em, Tom”We’re live at the University of Texas School of Law in Austin! Because of Ian’s son’s early arrival, UT Law Professor Steve Vladeck stepped up to the plate to join Dan as a guest host. We talk about a recently revealed SCOTUS-related wedding proposal, the Supreme Court’s headwear rules, some proposed changes to the court’s rules and other interesting pieces […]

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OT2018 #6: “Hook ‘Em, Tom”

We’re live at the University of Texas School of Law in Austin! Because of Ian’s son’s early arrival, UT Law Professor Steve Vladeck stepped up to the plate to join Dan as a guest host. We talk about a recently revealed SCOTUS-related wedding proposal, the Supreme Court’s headwear rules, some proposed changes to the court’s rules and other interesting pieces of Supreme Court news. Then, after quickly catching you up on the orders docket, we take a deep dive into two cases at the intersection of federal courts and foreign relations that are being argued during the November sitting: Jam v. International Finance Corporation and Republic of Sudan v. Harrison. As a famous failed Supreme Court nominee once said, it’s an “intellectual feast.” Grab a fork and dig in!

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OT2018 #5: “Arbitration Nation”

OT2018 #5: “Arbitration Nation”This episode is late, but we have a good reason. We get up to speed on Supreme Court news, as well as some grants with truly great and truly terrible case names. Then, we turn to the week’s arguments, making you an expert in all things arbitration.

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OT2018 #5: “Arbitration Nation”

This episode is late, but we have a good reason.

We get up to speed on Supreme Court news, as well as some grants with truly great and truly terrible case names. Then, we turn to the week’s arguments, making you an expert in all things arbitration.

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First Mondays, OT2018 #4: “This Is About Frogs”

First Mondays, OT2018 #4: “This Is About Frogs”First Mondays is live from Columbia Law School, where we bring in a ringer: Professor Richard Epstein of NYU. He joins us in discussing the frogs of Weyerhaeuser Company v. United States Fish and Wildlife Service and a very mysterious brief in opposition for United States v. Haymond.

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First Mondays, OT2018 #4: “This Is About Frogs”

First Mondays is live from Columbia Law School, where we bring in a ringer: Professor Richard Epstein of NYU. He joins us in discussing the frogs of Weyerhaeuser Company v. United States Fish and Wildlife Service and a very mysterious brief in opposition for United States v. Haymond.

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OT2018 #3: “Ordinary Pinch”

OT2018 #3: “Ordinary Pinch”Judge Brett M. Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we’re back to a nine-member court. Since Will Baude is filling in as recurring guest host, we’ll take a look at the so-called “shadow docket” to see what the justices are up to outside of the courtroom. Then, we’ll get back to […]

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OT2018 #3: “Ordinary Pinch”

Judge Brett M. Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we’re back to a nine-member court. Since Will Baude is filling in as recurring guest host, we’ll take a look at the so-called “shadow docket” to see what the justices are up to outside of the courtroom.

Then, we’ll get back to business as usual and recap arguments from the last week. Nielsen v. Preap features some great advocacy, wherein the justices get a taste of their own hypothetical-infused medicine. Then, we’ve got two cases about the definition of burglary: Stokeling v. United States and United States v. Stitt.

Plus, can we tell if the justices are all getting along?

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OT2018 #2: “Alea Iacta Est”

OT2018 #2: “Alea Iacta Est”You might have forgotten given everything else that has been going on, but the Supreme Court is actually still hearing cases. We’re halfway through the October sitting, and Ian is joined by returning guest host Professor James Stern of William & Mary Law School to break things down. We cover labor law’s intersection with arbitration, […]

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OT2018 #2: “Alea Iacta Est”

You might have forgotten given everything else that has been going on, but the Supreme Court is actually still hearing cases. We’re halfway through the October sitting, and Ian is joined by returning guest host Professor James Stern of William & Mary Law School to break things down. We cover labor law’s intersection with arbitration, the takings clause and immigration—plus lots more—as we recap last week’s arguments in Knick v. Township of Scott and New Prime Inc. v. Oliveira while also previewing this week’s argument in Nielsen v. Preap.

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OT2018 #1: “Rearranging Deck Chairs”

OT2018 #1: “Rearranging Deck Chairs”The first Monday of the October 2018 term is upon us, which means it’s time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week’s arguments. The cases involve a range of issues, from the Federal Arbitration Act to the death penalty, and we know that — […]

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OT2018 #1: “Rearranging Deck Chairs”

The first Monday of the October 2018 term is upon us, which means it’s time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week’s arguments. The cases involve a range of issues, from the Federal Arbitration Act to the death penalty, and we know that — for now — they’ll be decided by an eight-member court. Speaking of, that hearing was … something. We’ll share our reactions as best we can, with the hopes that we’ll do a more in-depth analysis of the latest on Judge Brett Kavanaugh’s confirmation news soon.

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