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Supreme Podcast

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What's New at the United States Supreme Court? Each week we bring you up to date coverage of the most recent cases and decisions before SCOTUS, discussing the Supreme Court's most recent grants and denials of certiorari, orders, opinions, oral arguments and constitutional jurisprudence. We also present in-depth special reports on the justices, important constitutional rights and the most controversial legal issues of our time (e.g. Abortion, Affirmative Action, Gay Rights, Women's Rights, Privacy, Campaign Finance, Same-Sex Marriage, Patent Law, Criminal Law and First Amendment Law). An essential podcast for any law school student or layperson interested in learning more about the Supreme Court and the United States Constitution.

Location:

United States

Description:

What's New at the United States Supreme Court? Each week we bring you up to date coverage of the most recent cases and decisions before SCOTUS, discussing the Supreme Court's most recent grants and denials of certiorari, orders, opinions, oral arguments and constitutional jurisprudence. We also present in-depth special reports on the justices, important constitutional rights and the most controversial legal issues of our time (e.g. Abortion, Affirmative Action, Gay Rights, Women's Rights, Privacy, Campaign Finance, Same-Sex Marriage, Patent Law, Criminal Law and First Amendment Law). An essential podcast for any law school student or layperson interested in learning more about the Supreme Court and the United States Constitution.

Language:

English


Episodes

May Congress Prohibit New Jersey from Legalizing Sports Betting

11/27/2017
The Court’s decision in New York v. United States, 505 U.S. 144 (1992), held that the Constitution’s fundamental federal structure does not permit Congress to “directly . . . compel the States to require or prohibit [certain] acts.” In September 2013, the U.S. Court of Appeals for the Third Circuit upheld the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701 et seq., against a constitutional challenge under New York by construing PASPA’s proscription against States...

Duration:00:07:49

May the Congress Prohibit New Jersey from Legalizing Sports Betting

11/27/2017
The Court’s decision in New York v. United States, 505 U.S. 144 (1992), held that the Constitution’s fundamental federal structure does not permit Congress to “directly . . . compel the States to require or prohibit [certain] acts.” In September 2013, the U.S. Court of Appeals for the Third Circuit upheld the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701 et seq., against a constitutional challenge under New York by construing PASPA’s proscription against States...

Duration:00:07:49

Decision - Future Dangerousness Based on Race

3/4/2017
On this episode we review the Court's recent decision in Buck v. Davis, wherein the Court considers whether Mr. Buck's trial counsel was constitutionally ineffective for knowingly presenting an “expert” who testified that Mr. Buck was more likely to be dangerous in the future because he is Black, where future dangerousness was both a prerequisite for a death sentence and the central issue at sentencing.

Duration:00:10:27

May the Government Refuse to Issue a Trademark to an Asian-American Named the "Slants"?

1/27/2017
On this episode, we review the oral arguments last week in Lee v. Tam. Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), provides that no trademark shall be refused registration on account of its nature unless, inter alia, it "[c]onsists of . . . matter which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." The question presented by the case is whether the disparagement provision in 15 U.S.C. 1052(a) is...

Duration:00:30:08

May the Government Refuse to Issue a Trademark to an Asian-American Band Named the "Slants"?

1/27/2017
On this episode, we review the oral arguments last week in Lee v. Tam. Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), provides that no trademark shall be refused registration on account of its nature unless, inter alia, it "[c]onsists of . . . matter which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute." The question presented by the case is whether the disparagement provision in 15 U.S.C. 1052(a) is...

Duration:00:30:08

Transgender Bathroom Update - Engineering a Delay

12/22/2016
On this episode we consider a delay granted by the Court in Gloucester County School Board v. G.G., a case which the Supreme Court was expected to hear this Term concerning whether states are bound by a Department of Education interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity.”

Duration:00:02:59

Police Use of Force: The Provocation Rule

12/21/2016
On this episode we review the Court's recent grant of review to the case of Los Angeles County v. Mendez, which considers the merits of the Ninth Circuit's application of its "Provocation Rule" and whether that rule conflicts with Supreme Court precedent. Under the “provocation” rule, an officer may be held responsible for an otherwise reasonable use of force where the officer intentionally or recklessly provoked a violent confrontation, and the provocation was itself an independent Fourth...

Duration:00:07:54

Use of Current Medical Standards to Revisit Prior Disability Determinations in Death Penalty Cases

12/3/2016
Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.

Duration:00:17:05

Transgender Bathrooms

11/5/2016
On this episode, we review the Court's recent grant of review to Gloucester County School Board v. G.G., which considers whether courts should extend deference to an unpublished agency letter that requires publicly funded schools to "treat transgender students consistent with their gender identity” in the use of bathrooms.

Duration:00:06:09

Is Juror Testimony About Racial Bias During Jury Deliberations Admissible?

10/9/2016
On this episode we discuss a case to be heard in oral arguments this week concerning a rule of evidence that prohibits the introduction of juror testimony regarding statements made during deliberations when offered to challenge the jury’s verdict. The question here is whether that rule applies when a defendant is attempting to prove a violation of the Sixth Amendment's "right to an impartial jury."

Duration:00:07:22

May a Trademark be Denied Because it is Offensive?

10/8/2016
This term the Court considers the case of Lee v. Tam, which considers whether Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), is constitutional. Section 2(a) prohibits the registration of a trademark that “may disparage ... persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” In this case, the Government denied a trademark to "The Slants," an Asian-American rock band based in Portland. In choosing to name the band "The Slants,"...

Duration:00:11:17

Is it a Crime to Buy a Public Official's Time or Influence?

7/9/2016
On this episode we review the Court's decision in McDonnell v. United States, which considers whether a former Virginia Governor Robert McDonnell was given a fair trial when he was convicted under the federal bribery statute (18 U. S. C. §201), which makes it a crime for “a public official or person selected to be a public official, directly or indirectly, corruptly” to demand, seek, receive, accept, or agree “to receive or accept anything of value” in return for being “influenced in the...

Duration:00:14:51

The Texas Abortion Case

6/29/2016
On this episode, we review the Court's decision this week in Whole Woman’s Health v. Cole, which considered whether a Texas law that had the effect of closing half of the abortion clinics in the state constituted “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion" that the Court had declared unconstitutional in its landmark 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey.

Duration:00:14:36

May States Make it a Crime to Refuse a Breath or Blood Test?

6/26/2016
On this episode we review the Court's decision in Birchfield v. North Dakota, which considered whether in the absence of a warrant, a State may make it a crime for a person to refuse to take a chemical test to detect the presence of alcohol in the person’s blood.

Duration:00:08:27

May Congress Legislate a New Rule That Courts Must Apply in a Particular Pending Case

5/10/2016
This case concerns nearly $2 billion of bonds in which Bank Markazi, the Central Bank of Iran, held an interest in Europe as part of its foreign currency reserves. Plaintiffs, who hold default judgments against Iran, tried to seize the assets. While the case was pending, Congress enacted §502 of the Iran Threat Reduction and Syria Human Rights Act of 2012, 22 U.S.C. §8772. By its terms, that statute applies only to this one case: to “the financial assets that are identified in and the...

Duration:00:05:18

May a State Challenge an Executive Branch Decision to Defer the Deportation of Entire Classes of Illegal Aliens

5/7/2016
On this episode, we review the Court's oral arguments in United States v. Texas, which considers whether a State has Article III standing and a justiciable cause of action under the Administrative Procedure Act (APA), 5 U.S.C. § 500 et seq., to challenge the Secretary’s exercise of immigration enforcement discretion, simply because an increase in the number of immigrants receiving deferred action might ultimately increase the net costs of the State’s driver’s license program.

Duration:00:57:29

Decision - Heffernan v. Paterson, N.J.

5/1/2016
On this episode we review the Court's decision in Heffernan v. Paterson, N.J., which considered whether the First Amendment bars the government from demoting a public employee based on a supervisor's perception that the employee supports a political candidate, even if that perception is inaccurate.

Duration:00:05:52

May States Criminalize the Refusal to Submit to a Breathalyzer Test?

4/23/2016
On this episode, we review the oral arguments this week in three consolidated cases, known as Birchfield v. North Dakota, in which the Court considers whether in the absence of a warrant, a State may make it a crime for a person to refuse to take a chemical test to detect the presence of alcohol in the person’s blood.

Duration:00:30:33

The Full Faith and Credit Clause and Fairness

4/23/2016
On this episode we review the Court's opinion this week in California Franchise Tax Board v. Hyatt, which considers whether the Constitution permits a Nevada Court to apply a rule of Nevada law that awards damages against California that are greater than it could award against its own state in similar circumstances.

The Full Faith and Credit Clause and Fairness

4/22/2016
On this episode we review the Court's opinion this week in California Franchise Tax Board v. Hyatt, which considers whether the Constitution permits a Nevada Court to apply a rule of Nevada law that awards damages against California that are greater than it could award against its own state in similar circumstances.

Duration:00:13:16