PODCAST · business
Term Talk
by FJC
The nation's top legal scholars discuss what Federal Judges need to know about the U.S. Supreme Court's most impactful decisions.
Episodes
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Term Talk Extended: Mahmoud v. Taylor; Catholic Charities Bureau v. Wisconsin Labor; Oklahoma Statewide Charter Board v. Drummond
First Amendment. Religion. Experts discuss the Supreme Court's expanded application of the Yoder exception to school curriculum in Mahmoud v. Taylor; state discrimination among religions in Catholic Charities Bureau v. Wisconsin Labor; and the tensions created by public funding of religious…
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Term Talk Extended: Mahmoud v. Taylor; Catholic Charities Bureau v. Wisconsin Labor; Oklahoma Statewide Charter Board v. Drummond
First Amendment. Religion. Experts discuss the Supreme Court's expanded application of the Yoder exception to school curriculum in Mahmoud v. Taylor; state discrimination among religions in Catholic Charities Bureau v. Wisconsin Labor; and the tensions created by public funding of religious…
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Term Talk Extended: Free Speech Coalition v. Paxton; TikTok v. Garland
First Amendment. Speech. Experts discuss the Supreme Court decisions applying intermediate scrutiny to speech restrictions encompassing both protected and unprotected speech in Free Speech Coalition v. Paxton, and to restrictions on foreign ownership of a social media platform in TikTok v.…
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Term Talk Extended: Free Speech Coalition v. Paxton; TikTok v. Garland
First Amendment. Speech. Experts discuss the Supreme Court decisions applying intermediate scrutiny to speech restrictions encompassing both protected and unprotected speech in Free Speech Coalition v. Paxton, and to restrictions on foreign ownership of a social media platform in TikTok v.…
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Term Talk: F.D.A. v. R.J. Reynolds; Diamond Alternative v. E.P.A.; Royal Canin v. Wullschleger
Federal Jurisdiction. Standing. Legal experts discuss the Supreme Court's broadening of the zone of interest for standing in F.D.A. v R.J. Reynolds Vapor Co. and how predictable downstream economic harm can confer standing on non-regulated parties in Diamond Alternative Energy v. E.P.A. In their...
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Term Talk: F.D.A. v. R.J. Reynolds; Diamond Alternative v. E.P.A.; Royal Canin v. Wullschleger
Federal Jurisdiction. Standing. Legal experts discuss the Supreme Court's broadening of the zone of interest for standing in F.D.A. v R.J. Reynolds Vapor Co. and how predictable downstream economic harm can confer standing on non-regulated parties in Diamond Alternative Energy v. E.P.A. In their...
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Term Talk: Lackey v. Stinnie; BLOM Bank SAL v. Honickman; Waetzig v. Halliburton
Civil Procedure. Relief from judgment. Civil rights. Prevailing party. Legal experts discuss Lackey v. Stinnie and the Supreme Court's interpretation of a prevailing party in civil rights litigation entitled to an award of attorneys' fees, and in BLOM Bank SAL v. Honickman and Waetzig v....
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Term Talk: Lackey v. Stinnie; BLOM Bank SAL v. Honickman; Waetzig v. Halliburton
Civil Procedure. Relief from judgment. Civil rights. Prevailing party. Legal experts discuss Lackey v. Stinnie and the Supreme Court's interpretation of a prevailing party in civil rights litigation entitled to an award of attorneys' fees, and in BLOM Bank SAL v. Honickman and Waetzig v....
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Term Talk: F.C.C. v. Consumers Research; Kennedy v. Braidwood Mgmt.; Trump v. Wilcox
Administrative Law. Non-delegation Doctrine. Appointments Clause. Legal experts discuss the Supreme Court's analysis of intelligible principles that support congressional delegation of power to agencies in F.C.C. v. Consumers' Research and congressional delegations of appointment powers to heads…
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Term Talk: F.C.C. v. Consumers Research; Kennedy v. Braidwood Mgmt.; Trump v. Wilcox
Administrative Law. Non-delegation Doctrine. Appointments Clause. Legal experts discuss the Supreme Court's analysis of intelligible principles that support congressional delegation of power to agencies in F.C.C. v. Consumers' Research and congressional delegations of appointment powers to heads…
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Term Talk: Medina v. Planned Parenthood South Atlantic; Perttu v. Richards
Civil Rights. § 1983. Prison Litigation Reform Act. Legal experts discuss the Supreme Court's analysis of language that confers individual rights in Medina v. Planned Parenthood South Atlantic and the requirement of a jury finding when there is a factual dispute over exhaustion of remedies under...
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Term Talk: Medina v. Planned Parenthood South Atlantic; Perttu v. Richards
Civil Rights. § 1983. Prison Litigation Reform Act. Legal experts discuss the Supreme Court's analysis of language that confers individual rights in Medina v. Planned Parenthood South Atlantic and the requirement of a jury finding when there is a factual dispute over exhaustion of remedies under...
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Term Talk: United States v. Skrmetti; Ames v. Ohio Dept. of Youth Servs.
Equal Protection. Title VII. Experts discuss the Supreme Court's application of rational basis review to restrictions on transgender medical care for minors in United States v. Skrmetti, and in Ames v. Ohio, the application of the same evidentiary standard to all protected classes under Title…
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Term Talk: United States v. Skrmetti; Ames v. Ohio Dept. of Youth Servs.
Equal Protection. Title VII. Experts discuss the Supreme Court's application of rational basis review to restrictions on transgender medical care for minors in United States v. Skrmetti, and in Ames v. Ohio, the application of the same evidentiary standard to all protected classes under Title…
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Term Talk: Gutierrez v. Saenz; Andrew v. White
Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White. Participants. Laurie...
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Term Talk: Gutierrez v. Saenz; Andrew v. White
Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White. Participants. Laurie...
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Term Talk: Glossip v. Oklahoma; Barnes v. Felix
Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances. Participants. Laurie...
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Term Talk: Glossip v. Oklahoma; Barnes v. Felix
Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances. Participants. Laurie...
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Term Talk: Trump v. CASA
Universal Injunctions. Experts discuss Supreme Court limitations on lower court issuance of Universal Injunctions and the remedies that may remain available to them. Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley…
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Term Talk: Trump v. CASA
Universal Injunctions. Experts discuss the Supreme Court limitations on lower court issuance of Universal Injunctions and the remedies that may remain available to them. Participants. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley,...
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Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.
Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons as well as the Court’s rejection of the release of claims against third-party non-debtors without claimant consent in Purdue Pharma....
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Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.
Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons as well as the Court’s rejection of the release of claims against third-party non-debtors without claimant consent in Purdue Pharma....
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Term Talk: Smith v. Arizona; Diaz v. United States
Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when…
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Term Talk: Smith v. Arizona; Diaz v. United States
Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when…
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Term Talk: Erlinger v. United States; Pulsifer v. United States
Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act in Pulsifer v. United...
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Term Talk: Erlinger v. United States; Pulsifer v. United States
Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act in Pulsifer v. United...
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Term Talk: City of Grants Pass v. Johnson; McElrath v. Georgia
Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent…
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Term Talk: City of Grants Pass v. Johnson; McElrath v. Georgia
Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent…
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Term Talk: Chiaverini v. City of Napoleon
Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim. Participants. Laurie Levenson, David W. Burcham Chair in Ethical Advocacy, Loyola Law School;...
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Term Talk: Chiaverini v. City of Napoleon
Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim. Participants. Laurie Levenson, David W. Burcham Chair in Ethical Advocacy, Loyola Law School;...
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Term Talk: Fischer v. United States; Snyder v. United States
Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.…
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Term Talk: Fischer v. United States; Snyder v. United States
Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.…
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Term Talk: Alexander v. S.C. State Conference of NAACP; Robinson v. Callais
Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais....
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Term Talk: Alexander v. S.C. State Conference of NAACP; Robinson v. Callais
Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais....
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Term Talk: United States v. Rahimi; Garland v. Cargill
Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act....
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Term Talk: United States v. Rahimi; Garland v. Cargill
Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act....
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Term Talk: Murthy v. Missouri; National Rifle Assoc. v. Vullo
First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo. Participants. Erwin Chemerinsky,...
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Term Talk: Murthy v. Missouri; National Rifle Assoc. v. Vullo
First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo. Participants. Erwin Chemerinsky,...
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Term Talk: Moody v. NetChoice; Lindke v. Freed
First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials becomes government speech…
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Term Talk: Moody v. NetChoice; Lindke v. Freed
First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials becomes government speech…
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Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.
Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the...
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Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.
Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the...
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Term Talk: Glacier Northwest, Inc. v. Teamsters
Preemption. NLRA. Experts discuss the aggravated imminent and foreseeable harm needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.
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Term Talk: National Pork Producers Council v. Ross
Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.
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Term Talk: Glacier Northwest, Inc. v. Teamsters
Preemption. NLRA. Experts discuss the aggravated imminent and foreseeable harm needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.
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Term Talk: National Pork Producers Council v. Ross
Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.
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Term Talk: Turkiye Halk Bankasi v. United States, Pugin v. Garland
Turkiye Halk Bankasi A.S. v. United States. Foreign Sovereign Immunities Act. (link) Whether FSIA applies to criminal cases, and whether an immunity might be found in common law. Pugin v. Garland. Immigration and Nationality Act. (link) The meaning of “related to obstruction of justice” in the...
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Term Talk: Smith v. United States, Samia v. United States, In Re Grand Jury
Experts discuss the Supreme Court’s opinion in Smith v. United States which held that double jeopardy does not attach to trials conducted in the wrong venue. In Samia v. United States, they analyze whether the use of a non-testifying co-defendant’s confession that implicates the other defendant...
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Term Talk: Turkiye Halk Bankasi v. United States, Pugin v. Garland
Turkiye Halk Bankasi A.S. v. United States. Foreign Sovereign Immunities Act. (link) Whether FSIA applies to criminal cases, and whether an immunity might be found in common law. Pugin v. Garland. Immigration and Nationality Act. (link) The meaning of “related to obstruction of justice” in the...
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Term Talk: Smith v. United States, Samia v. United States, In Re Grand Jury
Experts discuss the Supreme Court’s opinion in Smith v. United States which held that double jeopardy does not attach to trials conducted in the wrong venue. In Samia v. United States, they analyze whether the use of a non-testifying co-defendant’s confession that implicates the other defendant...
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ABOUT THIS SHOW
The nation's top legal scholars discuss what Federal Judges need to know about the U.S. Supreme Court's most impactful decisions.
HOSTED BY
FJC
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Frequently Asked Questions
How many episodes does Term Talk have?
Term Talk currently has 104 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is Term Talk about?
The nation's top legal scholars discuss what Federal Judges need to know about the U.S. Supreme Court's most impactful decisions.
How often does Term Talk release new episodes?
Term Talk publishes regularly with 104 episodes available. Check the episode list for the typical release schedule.
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Who hosts Term Talk?
Term Talk is created and hosted by FJC.
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