Episodes
On March 19, 2024, the Supreme Court issued its ruling in Federal Bureau of Investigation v. Fikre. At issue was whether or not the government failed to meet its burden to demonstrate that respondent's removal from the government’s No Fly List mooted his 42 U.S.C. § 1983 case. Join us to hear Joseph Davis break down the decision and discuss its potential ramifications. Featuring: Mr. Joseph Davis, Legal Counsel, Becket Fund for Religious Liberty
Published 05/31/24
Published 05/31/24
On May 23, 2024, the Supreme Court issued its ruling in Coinbase, Inc. v. Suski. At issue was whether a court or an arbitrator must decide which contract governs where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts. Join us to hear Professor Tamar Meshel break down the decision and discuss its potential ramifications Featuring: Prof. Tamar Meshel,...
Published 05/30/24
On February 21, 2024, the Supreme Court issued its ruling in Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. At issue was whether choice-of-law provisions in maritime contracts are presumptively enforceable under federal maritime law. Join us to hear Professor Andrew Hessick break down the decision and discuss its potential ramifications. Featuring: Prof. Andrew Hessick, Judge John J. Parker Distinguished Professor of Law and Associate Dean for Strategy & Planning,...
Published 05/08/24
On April 17, 2024, the Supreme Court issued its ruling in Muldrow v. City of St. Louis, Missouri. At issue was whether an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. Join us to hear Alison Somin break down the decision and discuss its potential ramifications. Featuring: Mrs. Alison Somin, Legal Fellow, Center for the...
Published 05/07/24
On April 12, 2024, the Supreme Court issued its ruling in Bissonnette v. LePage Bakeries Park St., LLC. At issue was whether a transportation worker need not work in the transportation industry to be exempt from coverage under Section 1 of the Federal Arbitration Act. Join us to hear Professor Samuel Estreicher break down the decision and discuss its potential ramifications. Featuring: Prof. Samuel Estreicher, Dwight D. Opperman Professor of Law and Director, Center for Labor, New York...
Published 05/03/24
On April 25, 2024, the Supreme Court heard oral argument in Trump v. United States. The Court considered whether, and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Please join us as we break down and analyze how oral argument went before the Court. Featuring: Mr. Steven Bradbury, Distinguished Fellow, The Heritage Foundation
Published 05/02/24
On April 12, 2024, the Supreme Court issued its ruling in Sheetz v. County of El Dorado, California. At issue was whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation. Join us to hear Nancie Marzulla and Jayson Parsons break down the decision and discuss its potential ramifications. Featuring: Ms. Nancie Marzulla,...
Published 04/30/24
On April 16th, 2024, the Supreme Court issued its ruling in Devillier v. Texas. At issue was whether owners of property north of U. S. Interstate Highway 10 adversely affected by the flood evacuation barrier constructed by Texas should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law. Join us to hear Prof. Ilya Somin break down the decision and discuss its potential ramifications. Featuring: Prof. Ilya Somin, Professor of...
Published 04/29/24
On April 17, 2024, the Supreme Court issued its ruling in McIntosh v. United States. At issue was whether a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s requirement to enter a preliminary order imposing criminal forfeiture before sentencing bars a judge from ordering forfeiture at sentencing subject to harmless-error principles on appellate review. Join us to hear Stefan Cassella break down the decision and discuss its potential...
Published 04/26/24
On April 12, 2024, the Supreme Court issued its ruling in Macquarie Infrastructure Corp. v. Moab Partners, L.P. At issue was whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. Join us to hear Prof. Adam Pritchard break down the decision and its...
Published 04/24/24
On March 15, 2024, the Supreme Court issued its ruling in Pulsifer v. United States. The Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?" At issue was the meaning of the word "and" in the statute, and whether text and context required "and" in this case be read as "and" to mean "or". Join us to hear Vikrant Reddy...
Published 03/26/24
On February 28, 2024, the Supreme Court heard oral argument in Garland v. Cargill. The Court considered whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Please join us as we break down and analyze how oral argument went before the Court. Featuring: Stephen Halbrook, Senior Fellow, Independent Institute (Moderator) Robert Leider, Assistant Professor of Law, George Mason University, Antonin Scalia Law School
Published 03/20/24
On March 4, 2024, the Supreme Court issued its ruling in Trump v. Anderson. At issue was whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot; the Court held that Colorado did err in excluding Trump from the ballot. Join us to hear Professor Muller break down the decision and offer his criticism of the Court's reasoning and ruling. Featuring: Prof. Derek Muller, Professor of Law, Notre Dame Law School
Published 03/20/24
On January 9, 2024, the Supreme Court will hear oral argument in Sheetz v. County of El Dorado, CA. The Court considered whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v. California Coastal Commission and Dolan v. City of Tigard, Oregon simply because it is authorized by legislation Please join us as we break down and analyze how oral argument went before the Court. Featuring: David Lanferman, Partner, Rutan & Tucker...
Published 02/02/24
On January 17, 2024 the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The Court considered whether it should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. Join us as we break down and analyze how oral argument...
Published 01/31/24
On January 16, 2024, the Supreme Court heard oral argument in Macquarie Infrastructure Corp. v. Moab Partners, L.P. The Court considered whether U.S. Court of Appeals for the 2nd Circuit erred in holding that a failure to make a disclosure required under Item 303 of SEC Regulation S-K can support a private claim under Section 10(b) of the Securities Exchange Act of 1934, even in the absence of an otherwise misleading statement. Featuring: Professor Adam Pritchard, Frances and George...
Published 01/17/24
On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy. The Court considered three questions – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendment; (2) Whether statutory provisions that authorize the SEC to choose to enforce the securities laws through an agency adjudication instead...
Published 01/11/24
On December 5, 2023, the Supreme Court heard oral argument in Moore v. United States. The Court considered whether the 16th Amendment authorizes Congress to tax unrealized sums without apportionment among the states. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor David Schizer, Dean Emeritus and Harvey R. Miller Professor of Law and Economics, Columbia University Law School
Published 12/07/23
On December 4, 2023, the Supreme Court heard oral argument in Harrington v. Purdue Pharma L.P. The Court considered whether as part of a plan of reorganization under a Chapter 11 bankruptcy, if the Bankruptcy Code authorizes a court to approve a release that extinguishes claims held by nondebtors against nondebtor third parties, without the claimants’ consent. Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Anthony Casey, Donald M....
Published 12/05/23
On November 7, 2023, the Supreme Court heard oral argument in United States v. Rahimi. The Court considered whether 18 U.S.C. § 922(g)(8), prohibiting the possession of firearms by persons subject to domestic-violence restraining orders, violated the Second Amendment on its face Join us as we break down and analyze how oral argument went before the Court. Featuring: Professor Mark W. Smith, Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College
Published 12/01/23
On February 22, the Supreme Court issued its ruling in Bartenwerfer v. Buckley. At issue was whether a debtor is liable for a debt incurred by her partner’s fraud and if she can discharge that debt in bankruptcy, regardless of her own culpability; the Court held that she could not discharge that debt. Join us to hear Prof. Plank break down the decision and offer his criticism of the Court's reasoning and ruling. Featuring: Thomas Plank, Professor Emeritus, University of Tennessee College...
Published 06/07/23
On April 25, the Supreme Court heard oral argument in Yegiazaryan v. Smagin. At issue is whether a foreign plaintiff states a cognizable civil claim under the Racketeer Influenced and Corrupt Organizations Act when it suffers an injury to intangible property. Join us to hear Prof. Aaron Simowitz break down the background of the case and oral argument. Featuring: Aaron Simowitz, Associate Professor of Law, Willamette University College of Law
Published 06/07/23
On April 18, the Court heard oral argument in Groff v. Dejoy and is set to address two issues concerning the protections provided employees who seek to practice their religious beliefs in the context of the workplace. The Court is considering whether to overrule the “more-than-de-minimis-cost” test for refusing religious accommodations under Title VII of the Civil Rights Act of 1964 established in Trans World Airlines, Inc. v. Hardison. Also at issue is whether burdens on employees are...
Published 06/01/23
On May 11, the Supreme Court issued its ruling in Percoco v. United States. Justice Scalia once commented “[t]hough it consists of only 28 words, the [honest services] statute has been invoked to impose criminal penalties upon a staggeringly broad swath of behavior.” In this case, the Court is asked to decide if a private citizen who holds no elective office or government employment owes a fiduciary duty to the general public sufficient to be convicted of honest-services fraud if they...
Published 06/01/23