Divided Argument

Alle afleveringen

140 afleveringen, van nieuw naar oud

  1. Soft Target

    21 januari 2023 · 48 min

    Afspelen

    We're back sooner than expected to talk about the Court's release of the Marshal's report about the investigation of the Dobbs leak!

  2. Expanded Universe

    14 januari 2023 · 1 uur 16 min

    Afspelen
    We catch up on some odds and ends, take a long detour through a debate about the merits of the Star Wars trilogies, and then dig into Türkiye Halk Bankasi A.S. v. United States (starting at 38:10), an interesting case about the scope of foreign sovereign immunity being heard in the January sitting. Lees meer
  3. Unpersuasive Scholar Trolling

    24 november 2022 · 1 uur 19 min

    Afspelen

    We talk through the implications of the story about an alleged leak in the Hobby Lobby case, respond to a mysterious voicemail, and then break down two interesting federal criminal fraud cases, Cimenelli v. United States and Percoco v. United States.

  4. Relentless Personal Attacks

    14 november 2022 · 1 uur 25 min

    Afspelen

    In this mega-episode, we catch up on the orders list, circle back to Mallory, which we talked about last episode, and the dive into oral arguments in the affirmative action cases.

  5. For Liberty and not for Fascism

    2 november 2022 · 1 uur 1 min

    Afspelen
    We check in on some Court-related news and developments and Dan gives Will a hard time for his recent bold claim about the conservative justices. We then dig deep into Mallory v. Norfolk Southern Railway Co., a fascinating personal jurisdiction case being argued in the November sitting. Lees meer
  6. Horse Sausage

    2 oktober 2022 · 1 uur 4 min

    Afspelen
    We provided an extended preview of the arguments in one of the October cases, National Pork Producers Council v. Ross, which takes us into a long discussion of the "dormant" Commerce Clause and extraterritorial regulation. But first we discuss some statements from Justice Alito and Ginni Thomas, the newest circuit justice assignment, and some updates from last episode. Lees meer
  7. Maoist Takeover

    19 september 2022 · 1 uur 4 min

    Afspelen
    We open Season 3 with a live show at William and Mary Law School, part of the Scalia-Ginsburg Collegiality Speaker Series. With our first-ever guest, we discuss the limits of friendship and offer advice on civil disagreement. But first we break down the Supreme Court's ruling on an important stay application from Yeshiva University. Lees meer
  8. I Say "Timbre"

    30 juli 2022 · 1 uur 24 min

    Afspelen
    We catch up on listener questions and feedback (both positive and negative), and then spend a while on the neglected case of Vega v. Tekoh, about the intersection of remedies and Miranda. We also discuss Kennedy v. Bremerton, the case of the praying football coach. Unfortunately, Will recorded all of this into the wrong microphone. Lees meer
  9. Settling of Scores

    10 juli 2022 · 1 uur 21 min

    Afspelen
    We reflect on the Supreme Court term as a whole, and the direction and politics of the Court. We focus on West Virginia v. EPA, which canonized the "major questions" doctrine, and the upcoming case of Moore v. Harper, which confronts the "independent state legislature doctrine." Lees meer
  10. Character Sketches

    28 juni 2022 · 1 uur 57 min

    Afspelen

    In our longest episode yet, we break down two massively consequential cases: Dobbs v. Jackson Women's Health Organization and New York State Rifle & Pistol Association v. Bruen.

  11. COBRA

    19 juni 2022 · 1 uur 29 min

    Afspelen
    We try to catch up after the Court's big opinion dump this week, and end up focusing on Ysleta del Sur Pueblo v. Texas, Denezpi v. United States, Viking River Cruises, Inc. v. Moriana, and the DIG in Arizona v. San Francisco. Come for the legal analysis, stay for the health insurance advice. Lees meer
  12. SMUGLER

    11 juni 2022 · 1 uur 22 min

    Afspelen
    We're back to talk about Wednesday's decision in Egbert v. Boule and the problem of constitutional remedies. But first we catch up on the Court's pace of opinions, the leak investigation, the attempted attack on Justice Kavanaugh, and Puerto Rico (United States v. Vaello-Madero). Lees meer
  13. Marshal Law

    5 mei 2022 · 1 uur 1 min

    Afspelen

    We're back to talk about the big news: the draft of Justice Alito's opinion in Dobbs, and the questions that surround it -- how and why this might have happened, what it means for the Court, and what the Court can do about it.

  14. Hoosiers

    3 april 2022 · 1 uur 8 min

    Afspelen

    We try to clear our backlog after a break. We manage to make it through United States v. Tsarnaev, Ramirez v. Collier, and a few other odds and ends.

  15. Shmoland

    12 maart 2022 · 58 min

    Afspelen

    We try to catch up on what the Court did since we last recorded, but end only making it through the Court's opinions in United States v. Zubaydah and Wooden v. United States.

  16. Knife in the Back

    2 maart 2022 · 59 min

    Afspelen
    We catch up on the nomination of Judge Ketanji Brown Jackson, a new opinion by Justice Breyer, revisit a debate about who the greatest law professor on the Supreme Court is, and talk through each of our recent scholarly efforts. Tune in to hear Dan surprisingly attack Will's Fourth Amendment views from the right flank, learn an interesting tidbit about Justice Brandeis, and get some insight into the mysterious originalist gathering in San Diego. Lees meer
  17. Speakin' to the Youth

    12 februari 2022 · 1 uur 32 min

    Afspelen
    We're back after a long absence, but there's a good excuse. We catch up on the biggest developments from the last couple months, including the Breyer retirement, the Court's COVID decisions, the masking imbroglio, and the Alabama redistricting shadow-docket ruling. We also discuss Dan's childhood meeting with Justice Thomas, speculate about the median age of our listenership, and invent a new empirical metric for evaluating Supreme Court justices. Lees meer
  18. Completely Naïve Idiot

    14 december 2021 · 1 uur 10 min

    Afspelen

    Will and Dan try to make sense of the Court’s decisions in the two cases addressing the possibility of preenforcement challenges to Texas’s novel abortion ban.

  19. Out of Whack

    10 december 2021 · 1 uur 13 min

    Afspelen
    We’ve been waiting for months to bring you this one: we can finally talk about the President’s Supreme Court Commission, which just finalized its report this week. We also briefly talk about the recent argument in Dobbs and try to predict what the Court might do. Lees meer
  20. First in Flight

    6 november 2021 · 1 uur 7 min

    Afspelen

    Dan and Will catch up on what the Court's been up to other than dealing with the Texas abortion law, including cert grants addressing the EPA's power to regulate carbon emissions, a couple of summary reversals, and some other shadow-docket action.

  21. Fast and Loose

    2 november 2021 · 1 uur 5 min

    Afspelen

    Divided Argument is back after an unscheduled, unpredictable break to kick off a brand new season. We dig into this week's oral arguments in two cases involving Texas's abortion law.

  22. Sovereign to Sovereign

    25 september 2021 · 56 min

    Afspelen
    The road show continues as Will and Dan record another live episode at the National Association of Attorneys General's State Solicitors General and Appellate Chiefs Conference in Chicago. They delve deeper into Texas's abortion law and the US's lawsuit seeking to stop it. Then, they have a broader discussion about the role and power of states in Supreme Court litigation. Lees meer
  23. Unspeakable Cruelty

    22 september 2021 · 48 min

    Afspelen
    Divided Argument is live from the University of Chicago Law School! In our first ever episode in front of a live studio audience, we catch up on recent Court-related developments, such as several Justices' recent public remarks pushing back on Court politicization and the Court's latest foray into whether capital prisoners can have spiritual advisors with them in the execution chamber. Lees meer
  24. The Lightning Docket

    2 september 2021 · 1 uur 7 min

    Afspelen

    Will and Dan break down the Court's late-night refusal to block the implementation of Texas's controversial "fetal heartbeat" law, and what it might mean for the future of the Court's abortion jurisprudence.

  25. Out on a Limb

    14 augustus 2021 · 27 min

    Afspelen
    Dan and will try to catch up on the flurry of news from Thursday afternoon, including an update on the Acting Solicitor General and the Court’s surprising grant of injunctive relief against New York’s eviction procedures. Come for the breaking news, stay to find out how Dan procrastinate and to learn the relevance of Catskills humor to the shadow docket. Lees meer
  26. Beyond The Pale

    14 augustus 2021 · 56 min

    Afspelen
    As Will, Dan, and the Court all navigate their August vacations, we learn how a controversy over the qui tam statute indirectly saved Roe v. Wade. We then catch up on a few legal developments: The Biden Administration has renewed its eviction moratorium, confusing many legal observers in the process. The administration has also finally given us a nomination for Solicitor General. And a controversial cert. petition by the state of Oklahoma provokes an extended discussion of stare decisis and lawyer shaming. Lees meer
  27. Secondary Trolling

    2 augustus 2021 · 1 uur

    Afspelen
    As October Term 2020 recedes in the rear-view mirror, Dan and Will take a moment to reflect. We ponder the current balance of power on the Court and how the pandemic era might change the institution. We also address some listener feedback on Transunion; Will defends himself against the charge that he worships the justices too much; and Dan takes issue with a bold claim that Will snuck in on a previous episode. Lees meer
  28. Inner Sanctum

    28 juli 2021 · 59 min

    Afspelen

    Will and Dan deal with listener feedback that prompts them to recall some of the Court's most bad-faith decisions in recent years. They then do a deep dive into Transunion v. Ramirez, the Court's major standing decision from the end of the Term.

  29. Crime of the Day

    24 juli 2021 · 47 min

    Afspelen

    Will and Dan deal with some tough but fair listener feedback, and then get through AFP v. Bonta (finally). Listen to see if they get further!

  30. Very Breyeresque

    17 juli 2021 · 1 uur 16 min

    Afspelen
    Dan and Will return after their vacations to catch up on what they've missed. After checking in briefly on Justice Breyer, they try to talk about two of the Court's biggest cases from the end of the Term. They only manage to get through one of them: Brnovich v. DNC. Lees meer
  31. House Parties

    24 juni 2021 · 1 uur 10 min

    Afspelen
    Will and Dan break down two more decisions from Wednesday. First is Collins v. Yellen, a complicated separation of powers and severability case with a lot of money on the line. Second is Lange v. California, a Fourth Amendment case about the "hot pursuit" doctrine, which gives rise to some high school confessions. Lees meer
  32. Evil and Corrupt Language, Images, and Thoughts

    24 juni 2021 · 1 uur 7 min

    Afspelen
    The Court dropped four fascinating constitutional law opinions on Wednesday, and Will & Dan talk through two of them. First up is Mahanoy, which addresses First Amendment protections for Snapchatting school kids. Then we have Cedar Point, an important decision about the Takings Clause. Lees meer
  33. Early Wittgenstein

    22 juni 2021 · 1 uur

    Afspelen
    As October Term 2020 hurtles towards a thrilling conclusion (well, hopefully), Dan and Will break down two of Monday's decisions. They explore the separation of powers and severability in United States v. Arthrex and talk about antitrust law's implications for college sports in NCAA v. Alston. Lees meer
  34. Triple Bank Shot

    18 juni 2021 · 1 uur 21 min

    Afspelen

    Will and Dan break down the Court's sudden burst of interesting opinions – California v. Texas, Fulton v. Philadelphia, and Nestle v. Doe.

  35. So What

    4 juni 2021 · 53 min

    Afspelen

    Will and Dan break down the Court's fascinating decision yesterday in Van Buren v. United States, which interpreted the Computer Fraud and Abuse Act.

  36. Everybody Procrastinates

    3 juni 2021 · 1 uur 2 min

    Afspelen
    Dan and Will discuss the Court's recent run of unanimous cases, paying particular attention to United States v. Cooley; ponder weighty issues like the role of the Hart & Wechsler casebook in defining the field of federal courts; and announce a new way for listeners to engage with the show: our voicemail line, (314) 649-3790‬. Lees meer
  37. Faith in Princes

    23 mei 2021 · 56 min

    Afspelen

    Will and Dan ponder what this podcast is about, continue their discussion of good faith in judging, try to game out exactly what the Court is up to in Dobbs v. Jackson Women's Health, and respond to listener feedback.

  38. Grandma's House of Vice

    18 mei 2021 · 1 uur 4 min

    Afspelen
    Will and Dan ponder the significance Court's grant of certiorari in an abortion case, Dobbs v. Jackson Women's Health Organization, before going on to recap some of the opinions the Court released this week. They discuss Caniglia v. Strom, a Fourth Amendment case, and what it might mean for drug-dealing senior citizens. And they explore the puzzling world of criminal-procedure retroactivity in Edwards v. Vannoy, and in particular Justice Gorsuch's bold concurrence charting a new course for federal habeas corpus law. Lees meer
  39. Woke to the Trend

    17 mei 2021 · 40 min

    Afspelen
    Will and Dan finish up their conversation about the shadow docket. They discuss the Court’s summary reversal practices, try to get to the bottom of what might be wrong with the shadow docket, and ponder what it means for Supreme Court justices to act in “good faith.” Lees meer
  40. Normal Procedural Regularity

    15 mei 2021 · 55 min

    Afspelen
    In the inaugural episode of Divided Argument, Will and Dan have the first part of a two-part discussion of the Supreme Court's "shadow docket." Will explains how he came to coin the now-famous phrase in a 2013 article, and how good advice from a friend helped him avoid a "terrible title" for that piece. Will and Dan also discuss Justice Alito's contribution to the important field of original jurisdiction before closing out the episode with a plea for reviews on your podcast app of choice. Lees meer