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OT2018 #19: “Fake Mootness”

As we enter the February sitting, we give you the rarest of episodes: a completely comprehensive preview of all the cases that will be argued this week! All two of them! The post OT2018 #19: “Fake Mootness” appeared first on SCOTUSblog.
Tags: Law, First Mondays


OT2018 #18: “Rorschach Test”

We thought it’d be a quiet week, but the Supreme Court had other plans. Amy Howe joins to catch us up on the news. We also get a taste of American University law professor Robert Tsai’s new book, “Practical Equality: Forging Justice in a Divided Nation.” The post OT2018 #18: “Rorschach Test” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, American University, Amy Howe, First Mondays, Robert Tsai


OT2018 #17: “The Most Distinguished Recording Location”

Dan Epps and Leah Litman were in San Francisco this past weekend for a great symposium sponsored by the Hastings Law Journal called “The Jurisprudence of Justice Anthony M. Kennedy—Four Decades of Influence.” While he was in the City by the Bay, Epps managed to record a fun conversation with Judge Marsha Berzon of the U.S. Court of the Appeals for the 9th Circuit and Professors Rory Little and Zach Price of UC-Hastings College of the Law. They offer their takes on Kennedy’s legacy, talk through ...
Tags: Law, San Francisco, Kennedy, Anthony M Kennedy, Leah Litman, Dan Epps, Marsha Berzon, U S Court of the Appeals, First Mondays, Hastings Law Journal, Bay Epps


OT2018 #16: “From Scratch”

We’ve got a breather between sittings, so Professor Stephen Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions about his and Professor William Baude’s amicus brief in Franchise Tax Board of California v. Hyatt. Plus, we get a peek at an upcoming bonus episode with Professors Leah Litman and Michele Goodwin, discussing the history of abortion regulations in light of Box v. Planned Paren...
Tags: Law, Kentucky, Indiana, William Baude, Michele Goodwin, Leah Litman, Stephen Sachs, First Mondays, Tax Board of California, Hyatt Plus


OT2018 #15: “Second Best Opinion”

The January sitting is over and the Supreme Court will be out of session for a few weeks. But First Mondays keeps on working even when the justices are taking a break. Professors Dan Epps and Leah Litman catch you up on the court’s latest opinions; review the big batch of cert grants, as well as the high-profile petitions the court hasn’t (yet) granted; and play a few fun clips from last week’s arguments. That’s not all—listen to hear us discuss an interesting recent piece by Professor Daniel He...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Leah, U S Court of Appeals, Daniel Hemel, Leah Litman, Neil Gorsuch, Dan Epps, First Mondays, Stokeling, Rehaif


OT2018 #14: “Decent Take”

Dan Epps and Leah Litman are joined by Danielle D’Onfro to break down the first week of the January sitting. We catch you up on everything the Supreme Court has been up to — including Justice Brett Kavanaugh’s very first majority opinion — before recapping oral arguments in Herrera v. Wyoming, Obduskey v. McCarthy & Holthus LLP and Franchise Tax Board v. Hyatt. The post OT2018 #14: “Decent Take” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Hyatt, Herrera, Leah Litman, Brett Kavanaugh, Tax Board, Dan Epps, First Mondays, Danielle D Onfro, McCarthy Holthus LLP, Wyoming Obduskey


OT2018 #13

New year, new sitting! Merritt McAlister joins us from the University of Florida to catch up on Supreme Court news and look ahead to the coming arguments. The post OT2018 #13 appeared first on SCOTUSblog.
Tags: Supreme Court, Law, University of Florida, First Mondays, Merritt McAlister


OT2018 #13: “Beer For Lunch”

New year, new sitting! Merritt McAlister joins us from the University of Florida to catch up on Supreme Court news and look ahead to the coming arguments. The post OT2018 #13: “Beer For Lunch” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, University of Florida, First Mondays, Merritt McAlister


Amici #25 [UNLOCKED]: “Tough Phone Call”

Merry Christmas Eve! We at First Mondays have gotten you all the gift we know you’ve been wishing for: an unlocked bonus episode that was previous released exclusively to our Patreon backers. Last June, Dan Epps interviewed our first judicial guests at the Arizona State Bar Convention. Judge Andrew D. Hurwitz of the U.S. Court of Appeals for the 9th Circuit and former Chief Justice Ruth McGregor of the Arizona Supreme Court join us to talk about their careers, as well as their memories from thei...
Tags: Supreme Court, Law, Arizona, Arizona Supreme Court, Amici, U S Court of Appeals for the 9th Circuit, Dan Epps, First Mondays, Andrew D Hurwitz, Ruth McGregor


OT2018 #12: “Inconceivable!”

It’s an off week for the Supreme Court, so we’ve got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts with Leah Litman. Anne Joseph O’Connell joins us to discuss the appointment of Acting Attorney General Matthew Whitaker, and Richard Primus gives us the lowdown on different methods of constitutional interpretation. The post OT2018 #12: “Inconceivable!” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Matthew Whitaker, Kate Shaw, Richard Primus, First Mondays, Leah Litman Anne Joseph O Connell


OT2018 #11: “A Lot Of Meatballs”

There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah Litman and guest host Jaime Santos recap the week’s arguments with two special guests. First, we’re delighted to have with us Lindsay See, the solicitor general of West Virginia, to discuss her argument in Dawson v. Steager. Then, we play the highlight reel of another first-time advocate, Ishan Bhabha, in Biestek v. Berryhill. Finally, Kate Levine calls in to help us unders...
Tags: Supreme Court, Law, West Virginia, United States, Gamble, Dawson, Leah Litman, Berryhill, First Mondays, Jaime Santos, Biestek, Ishan Bhabha, Lindsay See, Kate Levine


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. The post OT2018 #10: “Come On, General” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, Indiana, United States, Murphy, Gamble, Carpenter, Leah Litman, Dan Epps, First Mondays, Timbs


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 . The post OT2018 #9: “8,000 Pounds of Shark Fins” appeared first on SCOTUSblog.
Tags: Law, Indiana, Ucla, First Mondays, Beth Colgan, Timbs


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 f...
Tags: Law, Lambert, Duke Law, First Mondays, Nutraceutical Corp, Marin Levy, Steve Sachs


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...
Tags: Supreme Court, Law, Ruth Bader Ginsburg, Dan, Matthew Whitaker, Brett Kavanaugh, First Mondays


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 f...
Tags: Supreme Court, Law, Tom, Dan, Ian, Jam, Harrison, Steve Vladeck, University of Texas School of Law, First Mondays


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. The post OT2018 #5: “Arbitration Nation” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, First Mondays


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. The post First Mondays, OT2018 #4: “This Is About Frogs” appeared first on SCOTUSblog.
Tags: Law, United States, Columbia Law School, Nyu, Richard Epstein, Weyerhaeuser Company, United States Fish and Wildlife Service, First Mondays, Haymond


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 go...
Tags: Law, Nielsen, Will Baude, Stitt, United States and United States, Brett M Kavanaugh, Preap, First Mondays, Stokeling


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 previewi...
Tags: Supreme Court, Law, Nielsen, Ian, Oliveira, William Mary Law School, James Stern, New Prime Inc, Preap, First Mondays, Knick v Township of Scott, Alea Iacta Est


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-dep...
Tags: Featured, Law, St Louis, Washington University, Brett Kavanaugh, First Mondays, Nomination of Brett Kavanaugh to the Supreme Court


OT2018 #0: “Looks A Lot Like Grift”

We’re kicking off our third season with a live show at William & Mary! Professor  James Stern  joins us as we take the birds-eye view of OT2018. This year will bring cases about  excessive fines , the  death   penalty and just about everything in between. The post OT2018 #0: “Looks A Lot Like Grift” appeared first on SCOTUSblog.
Tags: Law, First Mondays, William Mary Professor James Stern


In Recess #10: “Special Horses”

It’s our first five-mic episode! We’re joined by Kent Greenfield and Adam Winkler, who both have new books about corporate personhood, as well as our bankruptcy expert, Danielle D’Onfro. Greenfield’s book is “Corporations Are People Too: (And They Should Act Like It).” It comes out next month– pre-order today! Winkler’s book is “We the Corporations: How American Businesses Won Their Civil Rights.” They are both excellent, and you’re in for a treat. The post In Recess #10: “Special Horses” app...
Tags: Law, Adam Winkler, Winkler, First Mondays, Kent Greenfield, Danielle D Onfro Greenfield


Good Behaviour #10: “Bad Bens”

In our (hopefully) final episode of Good Behaviour (for a while), Ian Samuel and Leah Litman discuss their favorite and least favorite moments of Judge Brett Kavanaugh’s confirmation hearing. The post Good Behaviour #10: “Bad Bens” appeared first on SCOTUSblog.
Tags: Law, Bens, Leah Litman, Brett Kavanaugh, Ian Samuel, First Mondays, Nomination of Brett Kavanaugh to the Supreme Court


In Recess #9: “Hoofbeats in the Distance”

Just in time for the Kavanaugh confirmation circus, we have a lively interview with David Kaplan about his new book, “ The Most Dangerous Branch: Inside the Supreme Court’s Assault on the Constitution .” The post In Recess #9: “Hoofbeats in the Distance” appeared first on SCOTUSblog.
Tags: Supreme Court, Law, David Kaplan, Kavanaugh, First Mondays


Good Behaviour #9: “A Bunch of Printers”

Will Baude joins us to discuss the latest news of Judge Brett Kavanaugh’s nomination. Plus, what do we mean when we talk about originalism? The post Good Behaviour #9: “A Bunch of Printers” appeared first on SCOTUSblog.
Tags: Law, Will Baude, Brett Kavanaugh, First Mondays, Nomination of Brett Kavanaugh to the Supreme Court


1L First Street #1: “Dumbo’s Feather”

We’re launching a new series aimed at helping law students survive the best/worst three years of their lives. In this episode, we’ll talk about study groups, thinking like your professor and the best food-related way to make it through an exam. The post 1L First Street #1: “Dumbo’s Feather” appeared first on SCOTUSblog.
Tags: Law, First Mondays


In Recess #8: “Would You Rather”

Rick Hasen joins us to talk about his new book, “The Justice of Contradictions: Antonin Scalia and the Politics of Disruption .” The post In Recess #8: “Would You Rather” appeared first on SCOTUSblog.
Tags: Law, Antonin Scalia, Rick Hasen, First Mondays


In Recess #5: “The Ghost of LBJ”

October Term 2017 has been officially gaveled out, and the justices are all doing exciting things like “teaching” in Europe. But we’re not taking the summer off. Instead, we’re here to give you 2018’s first installment of our summer series, “In Recess.” In this episode, we start to chip away at our huge backlog of hotline calls, and talk through some interesting religious liberty cases the Supreme Court has on its docket—while also providing a brief update about just how much Supreme Court nomin...
Tags: Europe, Supreme Court, Law, Brett Kavanaugh, First Mondays, Nomination of Brett Kavanaugh to the Supreme Court


Good Behaviour #6: “The Drift”

Just how political are Supreme Court justices, and what can we learn from data? In this episode, the latest installment of our “Good Behaviour” series, we talk with Professor Lee Epstein of Washington University in St. Louis, the leading expert on the empirical analysis of the Supreme Court. She helps us think through Justice Anthony Kennedy’s legacy, what his retirement means for Chief Justice John Roberts and how his replacement might change the law. The post Good Behaviour #6: “The Drift” ...
Tags: Supreme Court, Law, St Louis, John Roberts, Washington University, Anthony Kennedy, Lee Epstein, First Mondays, Retirement of Justice Anthony Kennedy