The Gist - Encounters With the Very, Very Famous

One piece of interview advice from Chuck Klosterman: You can’t make a celebrity interview feel like a real conversation. “They know it’s not real. They wouldn’t be here, and I wouldn’t be asking these questions, if it wasn’t for the tape recorder,” says Klosterman. His new book, X, includes profiles and essays on some of the biggest names in pop culture from Klosterman’s storied career, including Kobe Bryant and Taylor Swift.

In the Spiel, breaking down the disparate, strange, nonsensical explanations for Donald Trump’s Russia leaks.

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SCOTUScast - National Labor Relations Board v. SW General, Inc. – Post-Decision SCOTUScast

On March 21, 2017, the Supreme Court decided National Labor Relations Board v. SW General, Inc. SW General, Inc. provides ambulance services to hospitals in Arizona. A union had negotiated longevity pay for SW General’s emergency medical technicians, nurses, and firefighters. In December 2012, between the expiration of one collective bargaining agreement and the negotiation of a new one, SW General stopped paying the longevity pay. The union filed an unfair labor practices claim with the National Labor Relations Board (NLRB), which issued a formal complaint. An administrative law judge determined that SW General had committed unfair labor practices, but SW General contended that the NLRB complaint was invalid because the Acting General Counsel of the NLRB at the time, Lafe Solomon, had been serving in violation of the Federal Vacancies Reform Act (FVRA). President Barack Obama had nominated Solomon--who had then been serving as Acting General Counsel after the General Counsel had resigned--to serve as General Counsel, but the Senate had not acted on the nomination. The president had ultimately withdrawn the nomination and replaced it with that of Richard Griffin, who was confirmed. In the intervening period--including when the NLRB complaint had issued against SW General--Solomon had continued to serve as Acting General Counsel. SW General argued that under the FVRA, Solomon became ineligible to hold the Acting position once nominated by the president to the General Counsel position. The U.S. Court of Appeals for the D.C. Circuit agreed and vacated the NLRB’s enforcement order. The NLRB then obtained a writ of certiorari from the Supreme Court. -- By a vote of 6-2, the Supreme Court affirmed the judgment of the D.C. Circuit. In an opinion by Chief Justice Roberts, the Court held that (1) subsection (b)(1) of the Federal Vacancies Reform Act of 1998, which prevents a person who has been nominated to fill a vacant office requiring presidential appointment and Senate confirmation from performing the duties of that office in an acting capacity, applies to anyone performing acting service under the FVRA and is not limited to first assistants performing acting service under Subsection (a)(1); and (2) Subsection (b)(1) prohibited Lafe Solomon from continuing his service as acting general counsel of the National Labor Relations Board once the president nominated him to fill the position permanently. The Chief Justice’s majority opinion was joined by Justices Kennedy, Thomas, Breyer, Alito, and Kagan. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. -- To discuss the case, we have Kristin Hickman, who is the Distinguished McKnight University Professor, Harlan Albert Rogers Professor of Law, and Associate Director, Corporate Institute at the University of Minnesota Law School.

Social Science Bites - Whose Work Most Influenced You? A Social Science Bites Retrospective, Part 3

Ask a number of influential social scientists who in turn influenced them, and you’d likely get a blue-ribbon primer on the classics in social science.

Wright Mills’ The Sociological Imagination. Ernest Becker’s The Denial of Death. Irving Goffman’s The Presentation of Self in Everyday Life. Emile Durkheim’s Suicide. Michel Foucault’s The Archaeology of Knowledge.

During the recording of every Social Science Bites podcast, the guest has been asked the following: Which piece of social science research has most inspired or most influenced you? And now, in honor of the 50th Bites podcast to air, journalist and interviewer David Edmonds has compiled those responses into three collections. This last of the three appears here, with answers presented alphabetically from Toby Miller to Linda Woodhead.

“I remember as a graduate student reading classics in epidemiology and sociology and feeling like a kid in the candy store,” recalls David Stuckler, now a University of Oxford sociologist, before namedropping? Durkheim.

Several of the guests gently railed at the request to name just one influence. “There isn’t one,” starts Mirca Madianou, a communications expert at Goldsmiths, University of London. “There may have been different books at different times of my formation.”

Social psychologist Steve Reicher said he instead liked the idea of desert Island books, which give multiple bites of this particular apple, and then named several influences, including E.P. Thompson’s The Moral Economy of the English Crowd in the Eighteenth Century and Natalie Davis’s The Rites of Violence: Religious Riot in Sixteenth-Century France, which he describes as “beautiful and rich depictions of patterns of social behavior.”

“I’m unprepared to answer this!” exclaims behavioral economist and Nobel laureate Robert Shiller before he cites Hersh Shefrin and Richard Thaler’s work that pioneered the connection between neuroscience and eEconomics.

Sometimes, though, the answer comes instantly. “Not a day that I don’t think about him or talk about him to somebody,” said Lawrence Sherman of Austin Bradford Hill, an economist whose work evaluating the use of streptomycin in treating tuberculosis created the template for randomized controlled trials.

The Goods from the Woods - Episode #142 – “Roadkill Café” with Keith Carey

In this episode, the Goods from the Woods Boys are joined by comedian Keith Carey (Comedy Central's Roast Battle, Mean Boys Podcast, Burn Booth) for the most rollicking episode we've ever done. We talk about Mr. Goodnight losing his tooth at South of the Border as well as some of the colorful cast of characters in the fucked up Lake Wobegon that is Rivers' hometown in East Alabama. We also talk roadkill, catch phrases, and erotic cannibalism. This episode slays. We can't wait for you to hear it! Follow Keith on Twitter @KeithTellsJokes.  Song of the week this week: "How the Gods Kill" by Danzig.  You can follow us on Twitter: @TheGoodsPod  Rivers is @RiversLangley  Dr. Pat is @ReallyPatReilly  Mr. Goodnight is @SepulvedaCowboy  Pick up a Goods from the Woods t-shirt at: http://prowrestlingtees.com/TheGoodsPod

Opening Arguments - OA69: The Tuesday Massacre – Trump Sacks FBI Director James Comey

In this episode, the guys analyze the justification given by Deputy Attorney General Rod Rosenstein for President Trump to fire former FBI Director James Comey. First, though, fan-favorite Yodelin' Trump returns with a related question from our listeners (including Kevin Hicks), who ask whether Trump's tweet about Sally Yates violated the law. In our main segment, Andrew breaks down the Rosenstein memo. Then, we answer a great listener question from Patron Ben Hatcher, who wants to know exactly what things are admissible in the record on appeal. Finally, we end with the answer to Thomas Takes the Bar Exam Question #23 about a class action breach-of-contract lawsuit against a scammer who sells your private information.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances: Thomas was recently a guest on Det. Matthew Maxon's new podcast, ______, and Andrew was recently a guest on Episode #116 of the Gaytheist Manifesto.  Go check 'em out! Show Notes & Links
  1. This is the text of 18 U.S.C. § 1512, the statute that governs witness tampering.
  2. And this is the text of Deputy Attorney General Rod Rosenstein's letter recommending the firing of Director Comey.
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The Gist - Chasing the Bauble With Brooke Gladstone

Lists of inaccurate statements by Donald Trump are good and satisfying and a little funny. But they aren’t what we need. We need reporting on the issues behind the lies, says Brooke Gladstone. She’s co-host of On The Media and author of a new book, The Trouble with Reality, which looks at the malfunctioning of American democracy.

In the Spiel, why voter ID laws are such a unique American con.

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SCOTUScast - Lewis v. Clarke – Post-Decision SCOTUScast

On April 25, 2017, the Supreme Court decided Lewis v. Clarke. Petitioners Brian and Michelle Lewis were driving on a Connecticut interstate when they were struck from behind by a vehicle driven by respondent William Clarke, a Mohegan Tribal Gaming Authority employee, who was transporting Mohegan Sun Casino patrons. The Lewises sued Clarke in his individual capacity in state court. Clarke moved to dismiss for lack of subject-matter jurisdiction, arguing that because he was an employee of the Gaming Authority—an arm of the Mohegan Tribe entitled to sovereign immunity—and was acting within the scope of his employment at the time of the accident, he was similarly entitled to sovereign immunity against suit. He also argued, in the alternative, that he should prevail because the Gaming Authority was bound by tribal law to indemnify him. The trial court denied Clarke’s motion, but the Supreme Court of Connecticut reversed, holding that tribal sovereign immunity barred the suit because Clarke was acting within the scope of his employment when the accident occurred. It did not consider whether Clarke should be entitled to sovereign immunity based on the indemnification statute. -- By a vote of 8-0, the U.S. Supreme Court reversed the judgment of the Supreme Court of Connecticut and remanded the case. In an opinion by Justice Sotomayor, the Court held that (1) in a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe's sovereign immunity is not implicated; and (2) an indemnification provision cannot, as a matter of law, extend sovereign immunity to individual employees who would otherwise not be protected. Justice Sotomayor’s majority opinion was joined by the Chief Justice and Justices Kennedy, Breyer, Alito, and Kagan. Justices Thomas and Ginsburg filed opinions concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case. -- To discuss the case, we have Zachary Price, who is Associate Professor at University of California Hastings College of Law.

SCOTUScast - Bethune-Hill v. Virginia State Board of Elections

On March 1, 2017, the Supreme Court decided Bethune-Hill v. Virginia State Board of Elections. Plaintiffs in Bethune-Hill each resided in one of twelve newly proposed majority-minority districts for the Virginia Legislature, created to satisfy Section 5 of the Voting Rights Act (VRA), which requires that any new districting plan must ensure that there be no “retrogression” in the ability of racial minorities to elect the candidate of their choice. Plaintiffs argued that the new districts constituted racial gerrymanders that violated the Equal Protection Clause of the Fourteenth Amendment. A three-judge panel of the U.S. District Court for the Eastern District of Virginia disagreed, holding that the plaintiffs had failed to establish that race was the predominant factor in the creation of 11 of the 12 challenged districts. The district court also held that, although race was the predominant factor in the creation of one district--District 75--the state legislature had satisfied the requirements of a compelling state interest and narrow tailoring. -- On appeal to the United States Supreme Court, plaintiffs argued that the district court panel erred in a number of respects, including in determining that that race could not predominate unless its use resulted in an “actual conflict” with traditional districting criteria. Plaintiffs also argued that the use of race in drawing House District 75 was not narrowly tailored to serve a compelling government interest. -- By a vote of 7-1, the Supreme Court affirmed the judgment of the district court panel in part, vacated it in part, and remanded the case. In an opinion delivered by Justice Kennedy, the Court held that the district court panel had employed an incorrect legal standard to determine whether race predominated, noting that challengers are permitted to establish racial predominance in the absence of an “actual conflict” by presenting direct evidence of the legislative purpose and intent or other compelling circumstantial evidence. The Court rejected Plaintiffs’ challenge to District 75, however, determining that the legislature’s action ultimately survived strict scrutiny. -- Justice Kennedy’s majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment in part and dissenting in part. --
To discuss the case, we have Jack Park, who is Of Counsel at Strickland Brockington Lewis LLP.