OT2018 #14: "Decent Take"

Dan and Leah are joined by Danielle D'Onfro to break down the first week of the January sitting. We catch you up on everything the Court has been up to—including Justice Kavanaugh's very first majority opinion—before recapping oral arguments in Herrera v. WyomingObduskey v. McCarthy & Holthus LLP, and Franchise Tax Board v. Hyatt

This episode is sponsored by The Zebra. To compare prices from leading car insurance companies, and to start saving today, go to http://thezebra.com/firstmondays.

This episode is also sponsored by Blinkist, which provides 15- minute distillations of thousands of popular nonfiction books. For a free seven-day trial, go to http://blinkist.com/firstmondays.

Amici #25 [UNLOCKED]: "Tough Phone Call"

Merry Christmas Eve! We at First Mondays have gotten you all the gift we know you've been wishing for: an unlocked bonus episode that was previously released exclusively to our Patreon backers.

Last June, Dan interviewed our first judicial guests at the Arizona State Bar Convention. Hon. Andrew D. Hurwitz, Judge of the United States Court of Appeals for the Ninth Circuit, and Hon. Ruth McGregor, former Chief Justice of the Arizona Supreme Court, join us to talk about their careers, as well as their memories from their time as Supreme Court clerks.

OT2018 #12: "Inconceivable!"

It's an off week for the Supreme Court, so we've got another great ensemble cast to take a deep dive into issues that regularly come up on the show. Kate Shaw of Cardozo Law guest hosts with Leah. Anne Joseph O'Connell joins us to discuss the appointment of Matthew Whitaker, and Richard Primus gives us the lowdown on different methods of constitutional interpretation.

We're taking a break for the holidays, so we'll see you in January! Now's a great time to subscribe to our Patreon and catch up on bonus episodes. We've got a bunch in the bag that we'll be letting out one at a time over the coming weeks.

This episode is sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will be 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.

Thanks also 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.

OT2018 #11: "A Lot Of Meatballs"

There are twice as many women in this episode as there were at the Supreme Court podium in the whole December sitting. Leah and guest host Jaime Santos recap the week's arguments with two special guests. First, we’re delighted to have with us Lindsay See, the Solicitor General of West Virginia, to discuss her argument in Dawson v. Steager. Then, we play the highlight reel of another first-time advocate, Ishan Bhabha, in Biestek v. Berryhill. Finally, Kate Levine calls in to help us understand a case that kind of baffled us last week: Gamble v. United States.

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.

Thanks also The Great Courses Plus for sponsoring this week’s show. We've been loving a course called “The Modern Political Tradition.” And now is the perfect time to give it a listen, because The Great Courses Plus is offering 50% off your first three months. Go to TheGreatCoursesPlus.com/FIRSTMONDAYS soon to take advantage of this fantastic offer.

OT2018 #10: "Come On, General"

There's a lot to catch up on this week-- the second opinion of the term, some weird filings from the government, and plenty of Supreme Court news. Dan and Leah also recap two arguments: Carpenter v. Murphy and Timbs v. Indiana. We'll also look ahead to this week's argument in Gamble v. United States.

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.

OT2018 #9: "8,000 Pounds of Shark Fins"

If you're sick of leftovers, we've cooked up a fresh batch of argument previews for your enjoyment. Beth Colgan of UCLA joins us to prepare and serve the main course: a fascinating case about excessive fines (yes, really) called Timbs v. Indiana.

Thanks to 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.

This episode is also sponsored by Helix Sleep, a company that will build you a custom mattress at a great price that will be 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.

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.