This week's episode takes us back to the year 2000 when all hell broke loose in the Presidential Election. Brett and Nazim dive deep into the Bush v. Gore case, including why the case came before the Supreme Court, the lower decisions that put the Supreme Court in place to "decide" the election, and how much blame the Supreme Court should take from this with sixteen years of hindsight on our side. The entire episode covers the broad context of the issue, but the most specific law starts around (09:30).
This week's mini-episode covers two State law issues that deal with victorious and/or spiteful Public Defenders, with the first being Delaware's Death Penalty being declared unconstitutional after a case involving the PD's office, and the second being Missouri's PD Office appointing public officials to criminal cases as revenge for a lack of funding. The recent Third Circuit decision denying New Jersey's sports gambling law is also tacked on, which covers the extent of federal power over selective States. Law starts at (02:54).
This week's episode continues the discussion from last week about non-BOR amendments, only this week is decidedly more positive. This week centers mostly on voting, equality, and taxes; and to liven things up, Brett and Nazim suggest fairly unworkable changes to our existing system of government. Finally, Brett and Nazim discuss whether or not Citizens United, or any other proposal, will be the next amendment on this list. Law starts at (06:52).
The non-Bill of Rights Amendments, 11 through 27, cover a host of different topics including government regulation, voting, and equality; and this week's episode covers part one of our efforts to rank these amendments from the bottom up. The goal is to cover how the Constitution is amended, and whether its possible for an amendment to be passed in the upcoming future. This episode covers rankings 17-9, which include amendments that appear non-consequential, amendments that seem like objectively bad ideas, and amendments that prohibit alcohol consumption. Law starts at (01:50).
Planes are going down over ABQ, as this is the finale of Season 2 of the Citizen's Guide to the Supreme Court. Much like last year, Brett and Nazim make podcast announcements, cover cases were cert. was denied, wrap up the historical value of this term, and laugh at their own jokes. Unlike last year, we're still coming back next week with more podcasts. Podcast announcement starts at (6:39) and law starts at (13:59).
This week's episode wraps up the 2015/2016 term, where Brett and Nazim almost come to blows over Spokeo v. Robbins, guess Thomas' complaints with Green v. Brennan, share a laugh over Nichols v. US, vet out the appellate process over Welch v. US, and ruminate about the government over McDonnell v. U.S. Law starts at (6:22).
This week's episode covers Fisher v. University of Texas, which held that UOT's affirmative action program was in compliance with the Constitution and the Equal Protection clause. Brett and Nazim vet out how and why this program was able to pass the seemingly high barrier of strict scrutiny and what that says for future programs implementing similar procedures. Law starts (08:21), following this episode's rendition of "This Week in Ravioli Talk".
This week's episode first covers Beylund v. North Dakota and Voisine v. U.S., two cases that deal with the viability of criminal statutes aimed at stopping drunk driving and preventing firearm possession by domestic violence offenders. Law starts at (03:26) but there is one tangent on summer movies and the other featuring a controversial take on hamburgers. It's a serious episode, so you can let your hair down a little.
In this mini-episode, Brett and Nazim spend 30 minutes breaking down a one-line order from the Supreme Court in the immigration case of U.S. v. Texas, including why there is no decision, what will/should happen next now that the Executive Order has been quashed by the 5th Circuit, and whether this decision rests on solid Constitutional grounds or is just revenge for Obamacare. Law starts (0:37).
This week's episode takes a deep dive into Whole Women's Health v. Hellerstadt, the case that invalidated a Texas law that set impossibly high medical standards on abortion clinics. Brett and Nazim discuss how/whether this case changed the undue burden standard, and in light of this decision, where a women's right to choose currently sits in regard to all of our Constitutional rights. The Law starts at (9:00), but the intro covers the results of the Fantasy League and introduces a new game involving the multi-state bar exam.
This week's episode covers three big cases that were issued in the last week. Utah v. Strieff seemingly erodes the 4th amendment into a nub, U.S. v. Taylor seemingly destroys federalism, and Kirtsaeng v. Wiley & Sons seemingly opens the gates for frivolous copyright claims. You; however, luckily have an episode that addresses these concerns in order, for purposes of determining whether or not the sky is truly falling. Law starts at (3:56).
Brett and Nazim had some extra time this week, so this episode serves as a supplement to last Sunday's episode on non-SCOTUS decisions, which include the Connecticut assault rifle ban, Justice Thomas' possible retirement, and the Net Neutrality decision in D.C. circuit court. Law starts at (4:06).
It's been a boring week in the Supreme Court, so Brett and Nazim cover popular legal cases in lower Federal and State Courts, including the 9th Circuit concealed weapon decision, the Stanford Swimmer Judge controversy, the Google/Oracle slugfest, and a 9-1-1 Operator liability decision out of the 10th Circuit. The law starts at (7:56), but skipping that far passes our new favorite game "How Many Current Supreme Court Justices Have Seen One Episode of Game of Thrones"?
This edition of the expedited podcast covers the recent decisions in Puerto Rico v. Sanchez Valle (which held that double jeopardy applied to Puerto Rico), Dietz v. Bouldin (which held that a judge is allowed to call a jury back after releasing them), and Williams v. Pennsylvania (which held that a judge who worked on a death penalty case for the district attorney could not later hear the appeal on that same case. Law starts at (5:57).
We welcome Nazim back from vacation this episode, and to cover their butts for episodes recorded four weeks ago, Brett and Nazim cover U.S. Army Corps v. Hawkes (which was covered in the last episode on admin law) and Foster v. Chatman (which deals with racial considerations in jury selection).
Admin law gets a bad rap, because it's generally boring and hard to understand, so Brett and Nazim take this week to expound on its many virtues, including what it is, how you can get involved it, and how Courts resolve issues with agency decisions. After covering the Chevron decision in record time, Brett and Nazim cover United States Army Corps v. Hawkes, which deals with the travails of purchasing land subject to the Clean Water Act. Law basically starts at (2:32) and there's a five minute tangent about Peanut Butter and the song Under Pressure around (19:21).
This week's episode covers the contentious topic of eminent domain, which is the when the government is permitted to use or take your Property. Brett and Nazim cover how that is done directly as seen in Kelo v. City of New London, and indirectly by way of the Takings Clause as seen in the upcoming case Murr v. Wisconsin. The Law starts at (5:00), and Brett shares his world famous pasta sauce recipe at (15:00).
The purpose of this episode was to cover Dietz v. Boldin, which deals with whether or not a civil case should result in a mistrial when the jury was released momentarily before being brought back in by the judge; however, it soon became about a host of topics in civil law, including general jury elements, the 7th amendment, working in personal injury, picking jurors, discovery, and the general life of the civil attorney/law clerk. Spoiler, it's boring. Law starts at (5:08).
This week predicts how the Court would evaluate the North Carolina Bathroom law, and transgender rights in general, under the concepts of Substantive Due Process, Equal Protection and Vagueness. Brett and Nazim also discuss two circuit court cases that deal with transgender rights, Fields v. Smith and Glenn v. Brumby. Legal analysis starts at (4:15).
Brett and Nazim gather on short notice to discuss the recent decision in Zubik v. Burwell, specifically what happens next, why this is the best outcome, and whether this would have been the decision had Scalia still been on the Court.
What do drunk driving, getting fired for speaking your mind and terrorism have in common? In addition to being things that scare middle-class white people, each of these topics are the subject of this week's episode, which takes a look at the oral arguments in Beylund v. North Dakota on the 4th amendment, the free-speech decision in Heffernan v. City of Patterson, and the Bank Markazi v. Peterson decision regarding the use of Iranian funds to pay off a civil judgment.
This week's episode covers complicated topics (labor unions & trademarks) through the prism of football (Tom Brady & the Washington Redskins). Brett and Nazim discuss Tom Brady's 2nd Circuit appeal, Friedrichs v. California Teachers Association, Lee v. Tam and Profootball, Inc. v. Blackhorse. Nazim also attempts to get revenge on Brett for the last football episode by administering a test of difficult football questions to Brett and Jess.
This week's guest Kim is an old law school friend of Brett andNazim, and a dedicated employee within family court and the childprotection system. Through that experience, Brett and Kimdiscuss Voisine v. U.S., Clark v. Ohio, V.L. v. E.L., and generalwomen's and family rights cases within the Supreme Court. Please note that the opinions expressed in this podcast belongsolely to the presenters and do not reflect the opinions of anygovernment or governmental agency.
This week's episode covers the general nuances of copyright law, including how to get one, how to enforce one, and why the internet is killing all of them. Brett and Nazim also cover the case of Kirtsaeng v. John Wiley & Sons, in which the Supreme Court must decide whether a student who made approximately one million dollars selling imported textbooks may receive attorney fees against the textbook publisher who sued him unsuccessfully for copyright infringement.
This week's episode is a hodgepodge of legal topics, including review of a judge's ability to sue for Constitutional violations from the legislature, the unavoidable stalemate coming in U.S. v. Texas, and a review of speedy trial rights in sentencing from Betterman v. Montana. Brett and Nazim also rank hot East Coast sandwiches in this week's edition of The Citizen's Guide to the Food Court.