Category: 3-LawSometimeCommentary

On December 10, 2020 the Supreme Court decided United States v. Briggs. The question presented was whether the U.S. Court of Appeals for the Armed Forces erred in concluding–contrary to its own longstanding precedent–that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years. Briggs argued on appeal that rape was not “punishable by death” and thus was subject to the five-year statute of limitations for non-capital crimes. The United States Air Force Court of Criminal Appeals (AFCCA) rejected his challenge, but upon appeal tp to the U.S. Court of Appeals for the Armed Forces, the C.A.A.F. reversed the lower court.
Justice Alito wrote for a 8-0 majority, finding that there was no statute of limitations for military rape. Justice Amy Coney Barrett took no part in the decision.
Arthur Rizer, Resident Senior Fellow at the R Street Institute, and Prof. Richard Sala, Assistant Professor of Law at the Vermont Law School, join us today to discuss this decision and its implications.

On December 8, 2020, the Supreme Court heard oral argument in Facebook Inc. v. Duguid. The issue presented was whether the definition of an "automatic telephone dialing system" in the Telephone Consumer Protection Act of 1991 encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”
Megan Brown, Partner at Wiley Rein LLP, and Daniel Lyons, Professor of Law at Boston College Law School, join us today to discuss this case's oral argument.

On October 7, 2020, the Supreme Court heard oral argument in Ford Motor Company v. Montana Eight Judicial Circuit Court. The issue presented was whether the “arise out of or relate to” requirement for a state court to exercise specific personal jurisdiction over a nonresident defendant under Burger King Corp. v. Rudzewicz is met when none of the defendant’s forum contacts caused the plaintiff’s claims, such that the plaintiff’s claims would be the same even if the defendant had no forum contacts.
Karen Harned, Executive Director at National Federation of Independent Business Small Business Legal Center and Jaime A. Santos, Partner at Goodwin Procter LLP, join us today to discuss this case's oral argument.

Harvard Law Professor and activist Lawrence Lessig joins us to talk about his ongoing efforts to get rid of the Electoral College. It's a war being fought on multiple fronts, but Professor Lessig's current effort is to force states to assign delegates proportionally. The all or nothing system we have now is not actually written into the Constitution. Listen in for the full breakdown!

Links: Rodriguez v. Newsom cert petition, Baten v. McMaster, 967 F.3d 345

On January 25, 2021 the Supreme Court decided Henry Schein Inc. v. Archer and White Sales Inc.. The question presented was whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. This case arose out of a dispute between two dental equipment sales companies. In 2019, the 5th Circuit decided two questions. First, it concluded that the companies’ contract called for arbitration of the “gateway question” of whether a dispute is arbitrable. Second, it concluded that a court (rather than an arbitrator) should determine whether this particular dispute fell within an exception from the contract’s arbitration clause. The Supreme Court dismissed the writ of certiorari as improvidently granted.
Erika Birg, Partner at Nelson Mullins, and Richard Faulkner, Of Counsel at Bennett Injury Law, join us today to discuss this ruling and its implications.

On January 25, 2021 the Supreme Court decided Henry Schein Inc. v. Archer and White Sales Inc.. The question presented was whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. This case arose out of a dispute between two dental equipment sales companies. In 2019, the 5th Circuit decided two questions. First, it concluded that the companies’ contract called for arbitration of the “gateway question” of whether a dispute is arbitrable. Second, it concluded that a court (rather than an arbitrator) should determine whether this particular dispute fell within an exception from the contract’s arbitration clause. The Supreme Court dismissed the writ of certiorari as improvidently granted.
Erika Birg, Partner at Nelson Mullins, and Richard Faulkner, Of Counsel at Bennett Injury Law, join us today to discuss this ruling and its implications.

Melissa, Kate, and Leah recap opinions, preview the first week of arguments in the February sitting, and discuss the perils of Zoom filters and group texts.

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Why is the OA Facebook page blocked in Australia? Well, it's not just us, it's every news page! We've got the deep dive into why Facebook is blocking us and why Google isn't, even though they were targeted by the same law. Before that, we take a look at a truly terrible bill out of South Carolina that is going to be model legislation in a post-Roe America. It's every bit as anti-choice as you think and then some. Finally, a look at an absurd and pathetic attempt by Georgia Republicans to shield Trump from likely indictment by amending the constitution!

Texas Resources: Warming Centers – TDEM, Warming centers in Texas: How to find them, get help and help others, Live Doc with resources, TEXAS WEATHER CRISIS ASSISTANCE Links: Overview of Fetal Development, Abortion Policy in the Absence of Roe, AUS Digital Platforms Inquiry rpt, News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021 – Parliament of Australia, News Corp and Google Agree To Global Partnership, Changes to Sharing and Viewing News on Facebook in Australia, Georgia General Assembly - SR 100, 2021 Cornelius Vanderbroek Memorial Essay Competition for Law School Students, Maryland FBA Essay Contest

The many dangers of the lame duck that gave rise to our "Bullets Dodged" series raise the question - do we really need a lame duck period at all?  Akhil and Andy recall the "secession winters" of the past and how 2020 shared aspects of all of them; and of course, we have suggestions for how to solve it.  As for Lisbon, this is not the first episode of ours that references "Casablanca..."

Today's show is a fascinating deep-dive into one Amazon facility's efforts to unionize, and the implications it has on the entire company! After that, we have an update on the Senate power sharing agreement. Committee assignments galore!

Links: Amazon workers begin voting in landmark US union push, Amazon Workers in Delaware Reject Union Effort, Amazon has avoided unions for 25 years, Amazon 18-month non-competes, Amazon's Secret Program to Spy On Workers, Amazon training videos coach Whole Foods staff on how to discourage unions, Amazon: ‘They Work You to Death’, Amazon NLRB Case, National Labor Relations Act, 29 U.S.C. §§ 151 et seq, Signed RC petition, Amazon response, Amazon has lost its bid to delay Alabama union vote, NLRB petitions report, Res 27 power sharing, 2001 version S. RES. 8