SCOTUScast - Artis v. DC – Post-Argument SCOTUScast

On November 1, 2017, the Supreme Court heard argument in Artis v. District of Columbia, a case involving a dispute over the meaning of tolling as the term is used in the federal supplemental jurisdiction statute, 28 U.S.C. § 1367(d).
In April 2009, Stephanie Artis, a temporary employee for DC’s Department of Health (DOH), filed a claim with the U.S. Equal Employment Opportunity Commission (EEOC) alleging discrimination by her supervisor, Gerard Brown. Artis followed the charge with a series of grievances challenging notices of proposed infractions against her and alleging other violations of employee rights by Brown. The DOH terminated her employment in November 2010, and she lodged a final grievance in January 2011, alleging the termination was unlawful retaliation.
Artis filed suit against DC in federal district court in December 2011. She asserted a federal claim of unlawful termination in violation of Title VII of the Civil Rights Act of 1964, along with various other claims arising under DC statutes and the common law. In June 2014, the district court granted DC judgment on the pleadings and dismissed Artis’ sole federal claim under Title VII. Given the facial deficiency of that claim, the district court found no basis for exercising supplemental jurisdiction over Artis’ remaining non-federal claims. Fifty-nine days later Artis refiled those remaining claims in DC Superior Court. DC responded with a motion for dismissal on the grounds that the claims were time-barred based on the relevant statutes of limitations plus 28 U.S.C. § 1367(d) of the federal supplemental jurisdiction statute. The Superior Court agreed, concluding that § 1367(d) does not suspend state statutes of limitations at the time of an unsuccessful federal filing, but rather creates a thirty-day period for a claimant to file actions over which the U.S. District Court lacked jurisdiction.
The language of 1367(d) provides that statutes of limitations “shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.” On appeal to the DC Court of Appeals, Artis argued that there were nearly two years remaining on the statute of limitations when she filed her suit in the federal district court, and under the language of 1367(d) she had that period (plus thirty days) to file her claims in the Superior Court after her case was dismissed. DC countered that “tolled” should merely mean that a thirty-day “grace period” applies if the limitations period for the non-federal claims expires (as it would have in Artis’ case) while the federal claim is pending in federal court. The DC Court of Appeals found DC’s “grace period” reading more persuasive. As Artis had failed to refile her remaining claims within that grace period following dismissal, the Court of Appeals deemed them time-barred and affirmed the judgment of the Superior Court.
The U.S. Supreme Court granted certiorari to address the dueling interpretations of § 1367(d): whether that provision suspends the limitations period for a non-federal claim while the claim is pending and for 30 days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile.
To discuss the case, we have Misha Tseytlin, Solicitor General of Wisconsin.

CrowdScience - Does Technology Change How we Fall in Love?

How does technology affect how we fall in love? Crowdscience travels to India to answer listener Erin’s questions about the impact of the internet on our search for soulmates. We meet the traditional matchmaker who says her service provides security in an era of digital fraud. And ask whether computer algorithms are the best way to help people make permanent romantic connections?

Presenter: Chhavi Sachdev Producer: Marijke Peters

(Photo: A couple kiss while taking a selfie. Credit: Getty Images)

New Books in Native American Studies - Sarah Rivett, “Unscripted America: Indigenous Languages and the Origins of a Literary Nation” (Oxford UP, 2017)

In Unscripted America: Indigenous Languages and the Origins of a Literary Nation (Oxford University Press, 2017), Princeton University English Associate Professor Sarah Rivett studies how colonists in North America struggled to understand, translate, and interpret Native American languages, and the significance of these languages for theological and cosmological issues such as the origins of Amerindian populations, their relationship to Eurasian and Biblical peoples, and the origins of language itself. Through a close analysis of previously overlooked texts, Unscripted America places American Indian languages within transatlantic intellectual history, while also demonstrating how American letters emerged in the 1810s through 1830s via a complex and hitherto unexplored engagement with the legacies and aesthetic possibilities of indigenous words.

Ryan Tripp is an adjunct instructor for several community colleges and online university extensions. In 2014, he graduated from the University of California, Davis, with a Ph.D. in History. His Ph.D. double minor included World History and Native American Studies, with an emphasis in Linguistic Anthropology and Indigenous Archeology.

 

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Start the Week - Finland at 100

It is a hundred years since Finland declared independence following the Russian Revolution. Amol Rajan asks what is unique about Europe's most sparsely populated country. The conductor Sakari Oramo celebrates Finland's greatest composer Sibelius, while the curator Sointu Fritze looks at the work of Tove Jansson, famed for her cartoon creatures the Moomins as well as her daring political cartoons and images of the sea. The writer Horatio Clare travels around the frozen seas of Finland on board a government icebreaker, discovering stories of its history and character, while the economist Martin Sandbu evaluates a region seen as a capitalist utopia. Producer: Katy Hickman.

The NewsWorthy - Cyber Monday, Pope’s Visit & Miss Universe – Monday, November 27th, 2017

All the news you need to know for Monday, November 27th, 2017! 

Today we’re talking Cyber Monday, the longest-living president and the Pope's tricky trip this week.

Plus: smartphone addicts, Facebook's fake posts and Miss Universe. 

And much more - in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

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For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.

Amicus With Dahlia Lithwick | Law, justice, and the courts - Why the Cakeshop Case is So Delicious

As the high court continues through its unprecedented session, Dahlia speaks with Adam Liptak who covers the Supreme Court for the New York Times and knows the ins and outs of the Masterpiece Cakeshop case. And he gives his insight on what a jaw-dropping brief from the Solicitor General's office means for relations between the Court and the Trump administration. Plus, a look into how the Supreme Court Justices seem to be the last grown-ups left in Washington. 

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