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 for a surprise during the audience Q&A, as perhaps our most distinguished questioner ever crashes the party.

This episode is sponsored by Trupanion. Trupanion is the trusted name in pet insurance for nearly a half million pets and more than twenty thousand veterinarians. Go to trupanion.com/firstmondays to learn more and get a quick quote. Trupanion is underwritten by American Pet Insurance Company. Terms and conditions apply. See website for details.

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 Ginsburg’s health scare, Justice 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 and the Term’s first merits opinion to talk about. We also take a detour into the constitutionality of Acting Assistant General Matthew Whitaker’s appointment, and answer several questions from the Hotline. Despite all that content, we somehow managed to keep this one well under epic-length. The signal to noise ratio is very high in this episode! 

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite items from Everlane's selection of great clothing, and to get free shipping on your first order, visit everlane.com/firstmondays.

Thanks also The Great Courses Plus for sponsoring this week’s show. Learn about anything and everything—including the brand new course "Investigating American Presidents"—from some of the greatest minds on earth. For a month-long free trial with access to their entire library of content, visit thegreatcoursesplus.com/firstmondays.

OT2018 #6: "Hook 'Em, Tom"

We're live at the University of Texas School of Law in Austin! Because of Ian's early arrival, Texas's Prof. 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 federal courts and foreign relations that are being argued during the November sitting: Jam v. International Finance Corporation and Republic of Sudan v. Harrison. As a famous failed Supreme Court nominee once said, it's an "intellectual feast." Grab a fork and dig in!

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

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.

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by The Great Courses Plus. Learn about anything and everything-- including the hacking of American elections-- from some of the greatest minds on earth. For a free trial, visit http://www.thegreatcoursesplus.com/firstmondays.

OT2018 #4: “This Is About Frogs”

First Mondays is live from Columbia Law School, where we bring in a ringer: guest 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.

This episode is sponsored by Lending Club. Whether you want to pay off a credit card, make some improvements around the house, buy expensive baseball tickets, or take a fabulous vacation, Lending Club can loan you the money you need. Visit http://www.lendingclub.com/firstmondays to check your rate and get started.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

OT2018 #3: "Ordinary Pinch"

Judge Kavanaugh is now Associate Justice Brett M. Kavanaugh, and so we're back to a nine-member Court. Since Will 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 got two cases about the definition of burglary: Stokeling and Stitt.

Plus, can we tell if the justices are all getting along?

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a 7-day free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by The Great Courses Plus. Learn about anything and everything-- including the hacking of American elections-- from some of the greatest minds on earth. For a free trial, visit http://www.thegreatcoursesplus.com/firstmondays.

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 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 previewing this week's argument in Nielsen v. Preap.

This episode is sponsored by Helix Sleep. Helix Sleep designs custom mattresses just for you for a fair price. For up to $125 off your mattress order, visit http://www.helixsleep.com/firstmondays.

This episode is also sponsored by the Great Courses Plus. For a free seven-day trial of streaming access to their entire library of great content, go to http://www.thegreatcoursesplus.com/firstmondays.

OT2018 #1: "Rearranging Deck Chairs"

The first Monday of October Term 2018 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 8-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-depth analysis of the latest Kavanaugh confirmation news soon.

This episode is sponsored by The Great Courses Plus. Learn about anything and everything-- including the history of the Supreme Court-- from some of the greatest minds on earth. For a free trial, visit thegreatcoursesplus.com/firstmondays.

Thanks also to Everlane for sponsoring this week's show. To see a collection of our favorite picks, and to get free shipping on your first order, visit everlane.com/firstmondays.

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.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

This episode is also sponsored by Lending Club. Whether you want to pay off a credit card, make some improvements around the house, buy expensive baseball tickets, or take a fabulous vacation, Lending Club can loan you the money you need. Visit http://www.lendingclub.com/firstmondays to check your rate and get started.

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.

Kent's book is Corporations Are People Too: (And They Should Act Like It). It comes out next month-- pre-order today!

Adam's book is We the Corporations: How American Businesses Won Their Civil Rights.

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a 7-day free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

Good Behaviour #10: "Bad Bens"

In our (hopefully) final episode of Good Behaviour (for a while), Ian and Leah discuss their favorite and least favorite moments of the Kavanaugh confirmation hearings.

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite picks, and to get free shipping on your first order, visit everlane.com/firstmondays.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

 

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.

This episode is sponsored by Lending Club. Whether you want to pay off a credit card, make some improvements around the house, buy expensive baseball tickets, or take a fabulous vacation, Lending Club can loan you the money you need. Visit http://www.lendingclub.com/firstmondays to check your rate and get started.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

Good Behaviour #9: "A Bunch of Printers"

Will Baude joins us to discuss the latest news of the Kavanaugh nomination. Plus, what do we mean when we talk about originalism?

Thanks to Blinkist for sponsoring this episode. Not enough time to read that stack of books on your shelf? Blinkist provides summaries of thousands of best-selling non-fiction books that you can read or listen to within 15 minutes. For a 7-day free trial, visit http://www.blinkist.com/firstmondays.

This episode is also sponsored by Just France Sales. If you've ever dreamt of owning a farmhouse in the French countryside or a pied-à-terre in Paris, the team at Just France Sales can help. See their listings at http://www.justfrancesales.com and get their advice, no matter where you are in the process.

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.

Thanks to Everlane for sponsoring this week's show. To see a collection of our favorite picks, and to get free shipping on your first order, visit everlane.com/firstmondays.

Thanks also to The Great Courses Plus for sponsoring the show. Learn about anything and everything from some of the greatest minds on earth. For a free trial, visit thegreatcoursesplus.com/firstmondays

In Recess #7: "Robot Ban"

We recorded this week’s episode live at the Washington, DC offices of Akin Gump. We’re joined by two members of the firm’s Supreme Court and Appellate Practice—Pratik Shah, a former Assistant to the Solicitor General, and Martine Cicconi, who worked in the White House Counsel’s office and clerked for Justice Ginsburg. We talk through the strategy behind the firm’s win in Patchak v. Zinke, reflect on their important amicus brief in Trump v. Hawaii, and discuss how to build a successful Supreme Court practice in an increasingly crowded field. 

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Everlane, a clothing company that makes premium essentials using the finest materials but without traditional markups. To check out our personalized collection, and to get free shipping on your first order, go to http://www.everlane.com/firstmondays.

 

In Recess #6: "Allen Charge"

We were in Chicago speaking at the National Foundation of Judicial Excellence's Annual Judicial Symposium this past weekend, and we took some time to eat Japanese BBQ, drink sake, and record a new episode. We get caught up on our backlog of our (disappointingly male-dominated) hotline calls while also briefly recapping the latest news on the battle to confirm Judge Brett Kavanaugh to the Supreme Court. 

This episode of First Mondays is sponsored by The Great Courses Plus. To get a month-long, completely free trial of all the incredible courses and lectures they have to offer, visit http://www.thegreatcoursesplus.com/firstmondays.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will the best thing you’ve ever slept on. To take Helix Sleep’s 100-day risk-free trial, and to get up to $125 off your mattress order, go to http://www.helixsleep.com/firstmondays.

 

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 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 Court has on its docket—while also providing a brief update about just how much Supreme Court nominee Judge Brett Kavanaugh loves baseball.

This episode is sponsored by the Farmer's Dog, the company helping dogs live longer and healthier lives with fresh, ready-to-serve meals delivered directly to your door. For 50% off your two-week trial of fresh, healthy food, go to http://thefarmersdog.com/FIRSTMONDAYS.

This episode is also sponsored by Wunder Capital, the easiest way to invest in large-scale solar energy projects across the U.S. With Wunder, you can earn up to 7.5% annually while helping to finance renewable energy projects. To learn more, go to http://wundercapital.com/mondays.

Good Behaviour #7: "Not an Emirate"

Well, one question has been answered: Judge Brett Kavanaugh has been nominated to succeed Justice Anthony Kennedy on the Supreme Court.

But plenty more questions remain: How much did Justice Kennedy have to do with the nomination? Where does Judge Kavanaugh fall on the ideological scale? How did neatly packaged conservative and liberal judicial strategies come to be? And are we actually just re-living the beginning of the 20th century?