PODCAST · news
Supreme Court Briefing
by FOOLYBOO
Discussing and breaking down every decision of the United States Supreme Court, along with important historical decisions and occasionally some legal news.
Episodes
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Ep 78 - Matal v. Tam
Does the First Amendment to the United States Constitution prohibit viewpoint discrimination by the Patent and Trademark Office in accepting trademark registrations?
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Ep 77 - TC Heartland v. Kraft
Venue for purposes of suing a corporate entity for patent infringement.
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Ep 76 - Packingham v. North Carolina
Constitutionality of a law prohibiting sex offenders from accessing social media.
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Ep 75 - Trinity Lutheran v. Comer
Can a state government exclude religious institutions from participating in programs for generally available benefits?
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Ep 74 - Henson v. Santander
What is a debt collector?
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Ep 73 - County of Los Angeles v. Mendez
Consideration of the Ninth Circuit’s provocation rule in analyzing claims of excessive force.
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Ep 72 - Impression Products, Inc v. Lexmark International, Inc
Exhaustion of protection for patents for items sold in the United States and in foreign countries for purposes of establishing patent liability under the United States Patent Act.
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Ep 71 - Kindred Nursing Care, LLC v. Clark
Kindred Nursing Care, LLC v. ClarkApplication of the Federal Arbitration Act to a decision of the Kentucky Supreme court requiring a specific grant of authority in a power of attorney in order for an agent (i.e. the holder of the power of attorney) to bind the principal (i.e. person who signed…
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Ep 70 - Howell v. Howell
Preemption of state law relating to division of marital assets involving a reduction of a military pension so that the former service member can receive disability pay.
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Ep 69 - Venezuela v. Helmerich and Payne
Standard for consideration of a motion to dismiss under the Foreign Sovereign Immunities Act.
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Ep 68 - NlRB v. SW General, Inc
Limitations on the President’s authority to appoint acting officers during a vacancy of officers required to be confirmed by the U.S. Senate..
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Ep 67 - Endrew F v. Douglas County School District RE-1
Standard for courts to assess whether an individual education plan for a disabled student provides a free appropriate public education.
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Ep 66 - McLane v. EEOC
Standard of review for appeals courts reviewing a District Court’s decision whether to enforce an EEOC administrative subpoena.
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Ep 65 - Expressions Hair Design v. Schneiderman
Does a commercial regulation prohibiting merchants from imposing a “surcharge” on credit card purchases, while allowing a discount for cash payments, implicate the First Amendment?
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Ep 64 - Star Athletica v. Varsity Brands
Standard for assessing copyright claims for artistic work when combined with a useful object.
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Ep 63 - Rippo v. Baker
Standard under the U.S. Constitution Due Process Clause for circumstances when a party requests that a judge be removed from a trial due to possible bias.
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Ep 62 - Bethune-Hill v. Virginia Board of Electors
Challenge to electoral districts established by the Virginia legislature which created with the specific goal of having at least 55% African-American voters.
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Ep 61 - Life Technologies v. Promega Corp
Application Section §271(f)(1) of the Patent Act, which creates liability for patent infringement when a “substantial portion” of the “components” of an invention protected by a US patent are made in the US and shipped overseas for assembly. Can one component be a “substantial portion” of the...
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Ep 60 - United States v. Nixon
The scope of the President’s executive privilege and how courts are to consider presidential claims of privilege.
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Ep 59 - International Shoe v. Washington
Watershed case discussing the jurisdiction of state courts over out of state corporations.
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Ep 58 - Lightfoot v. Cendant
Whether lawsuits involving the Federal National Mortgage Association, i.e. Fannie Mae, can be brought in federal court absent another basis of jurisdiction.
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Ep 57 - State Farm v. Rigsby
Whether a violation of the “in camera” or sealed case requirement for bringing a claim as a relator under the False Claims Act mandates dismissal.
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Ep 56 - White v. Pauly
Consideration of qualified immunity for a police officer being sued for a civil rights violation when the officer encounters an ongoing scene where other officers are already involved in a confrontation with an armed party.
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Ep 55 - Salman v. United States
Interpretation of the Securities Exchange Act criminal provisions relating to insider trading to a “tippee” who receives information from a “tipper” who does not receive pecuniary gain as a result of the tip.
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Ep 54 - Shaw v. United States
Can a person commit bank fraud if they steal a customer’s account by giving the customer’s identification information to the bank and arranging a transfer of the customer’s funds to a financial account controlled by the defendant?
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Ep 53 - Apple v. Samsung
Calculation of total profits for design patent infringement.
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Ep 52 - County of Allegheny v. American Civil Liberties Union
Constitutionality of a nativity scene and menorah in separate displays in Pittsburgh, PA.
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Ep 51 - Lynch v. Donelly
Constitutionality of a government sponsored Christmas display featuring a nativity scene.
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Ep 50 - Halo Electronics Inc v. Pulse Electronics Inc.
Standard and burden of proof for enhanced damages under the Patent Act.
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Ep 49 - United States v. Bryant
Use of convictions from tribal courts as predicate offenses for habitual domestic violence offender.
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Ep 48 - Green v. Brennan
Consideration of a statute of limitations for federal civil service employees claiming to be victims of discrimination or retaliation for bringing a claim of discrimination.
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Ep 47 - Bosse v. Oklahoma
Per Curiam opinion discussing limitations on admissibility of victim impact evidence in capital sentencing hearings.
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Ep 46 - Universal Health Services Inc v. United States
Standard for assessing implied false claim under the false claims act.
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Ep 45 - Encino Motorcars LLC v Navaro
Administrative law. Whether interpretative regulations issued by federal agencies are entitled to deference if the agency does not state sufficient grounds to justify the interpretation.
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Ep 44 - Kirtsaeng v. Wiley
Standard for awarding attorneys fees to the prevailing party in copyright litigation in federal court.
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Ep 43 - Mathis v United States.
Application of sentencing provision in the Armed Career Criminal Act (ACCA) to defendant convicted of being a felon in possession of a firearm with a prior conviction under Iowa’s burglary statute.
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Ep 42 - Fisher v. University of Texas at Austin
Constitutionality of the admissions process of the University of Texas, which considers the racial background of an applicant as a factor in admissions.
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Ep 41 - Cuozzo Speed Technologies, LLC v. LEE.
Judicial review of inter partes review of the validity of a patent.
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Ep 40 - Whole Woman's Health et al.
Opinion by Justice Breyer, 5-3 opinion.
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Ep 39 - McDonnell v. United States
Meaning of the term “official act” for purposes of a Hobbs Act prosecution, and whether things such having meetings, setting up phone calls, and hosting events qualifies.
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Ep 38 - Nichols v. United States
Applicability of the federal sex offender act (SORNA) to offenders who move from a U.S. jurisdiction
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EP 37 - Voisine v. United States.
Application of federal firearms act to individuals convicted of state law misdemeanor domestic violence offenses that contain a culpable mental state of “recklessly.”
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EP 36 - RJR Nabisco v. European Community
Application of the RICO law to activities occurring outside of the United States, and determining whether civil plaintiffs can sue for RICO injuries occurring outside the United States.
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EP 35 - Utah v. Strieff
Application of the exclusionary rule for a violation of the 4th Amendment’s prohibition on unreasonable searches and seizures when the police detain someone based on less than reasonable suspicion, and later find a valid arrest warrant.
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EP 34 - Commonwealth of Puerto Rico v. Franklin California Tax Free Trust
To follow Rich on twitter: @richorman To follow Rich on instragram: @blackclawdog
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EP 33 - Puerto Rico v. Sanchez Valle
Does the Commonwealth of Puerto Rico count as a “separate sovereign” for purposes of multiple prosecutions under the Double Jeopardy Clause of the United States Constitution?
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EP 32 - United States Army Corps of Engineers v. Hawks Co., Inc.
Finality of a jurisdictional determination regarding whether property is a wetland under the Clean Water Act.
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EP 31 - Sturgeon v. Frost
Kind of, sort of, about hovercraft regulations on a portion of the Nation River in Alaska.
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EP 30 - Nebraska v. Parker
Answer: Yes, it does.
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EP 29 - Heffernan v. Patterson
Can a person who did not exercise a constitutionally protected right sue government officials who retaliate against the person when the government officials mistakenly think that the person actually did exercise a constitutionally protected right?
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ABOUT THIS SHOW
Discussing and breaking down every decision of the United States Supreme Court, along with important historical decisions and occasionally some legal news.
HOSTED BY
FOOLYBOO
CATEGORIES
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