Category: 3-LawSometimeCommentary

On October 14, 2015, the Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez. -- This case concerns a complaint by Jose Gomez that Campbell-Ewald Company, a marketing consultant for the U.S. Navy, allowed a third-party vendor to send him unsolicited text messages in violation of the Telephone Consumer Protection Act. -- Three questions are before the Court. The first is whether a case becomes moot when a plaintiff receives an offer of complete relief on his claim, and the second is whether the answer to that changes if the plaintiff is attempting to bring a class action. The third question is whether the doctrine of derivative sovereign immunity for government contractors is limited to claims arising out of property damage caused by public works projects. -- To discuss the case, we have Mark Chenoweth, who is General Counsel at Washington Legal Foundation.

On October 14, 2015, the Supreme Court heard oral argument in Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC v. Electric Power Supply Association. -- These consolidated cases involve the efforts of the Federal Energy Regulatory Commission (FERC) to specify the methodology that operators in the wholesale electricity market use when compensating users for a commitment to reduce their consumption at particular times, a phenomenon known as “demand response.” The U.S. Court of Appeals for the D.C. Circuit determined that FERC lacked statutory authority to impose such a methodology. The Supreme Court agreed to consider the following two questions: (1) Whether FERC reasonably concluded that it has authority under the Federal Power Act to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates; and (2) Whether the D.C. Circuit erred in holding that the rule issued by FERC is arbitrary and capricious. -- Justice Alito appears to be recused from this case. -- To discuss the case, we have James Coleman, who is assistant professor at the University of Calgary, Faculty of Law and Haskayne School of Business.

On October 13, 2015, the Supreme Court heard oral argument in Hurst v. Florida. Timothy Lee Hurst was convicted of murdering his co-worker and sentenced to death after a jury recommended that penalty by a vote of 7-5. The question before the Court here is whether Florida’s death sentencing scheme--which Hurst contends does not require unanimity in the jury death recommendation or in the finding of underlying aggravating factors--violates the Sixth or Eighth Amendments in light of the Court’s 2002 decision Ring v. Arizona, which holds that the aggravating factors necessary for imposition of a death sentence be found by a jury. -- To discuss the case, we have Jack Park, who is Of Counsel with Strickland Brockington Lewis LLP.

On October 6, 2015, the Supreme Court heard oral argument in Ocasio v. U.S. Ocasio challenges his conviction under the Hobbs Act for conspiracy to commit extortion, which arose from an alleged kickback scheme under which police officers funneled wrecked automobiles to a particular repair shop in exchange for monetary payments. -- The question before the Court is whether a conspiracy to commit extortion requires that the conspirators agree to obtain property from someone outside the conspiracy. -- To discuss the case, we have Timothy O’Toole, who is a Lawyer at Miller & Chevalier.

On October 6, 2015, the Supreme Court heard oral argument in DIRECTV v. Imburgia. This case involves a class action lawsuit which argues that DIRECTV improperly charged early termination fees to its customers. The question is whether the California Court of Appeal erred by holding that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act. -- To discuss the case, we have Cory Andrews, who is Senior Litigation Counsel at the Washington Legal Foundation.

Dahlia previews Foster v. Chatman, a Supreme Court appeal that contends with the problem of racial bias in the process of jury selection. Her guests include Stephen Bright, president of the Southern Center for Human Rights; and Glenn Ivey, a former prosecutor who has joined an amicus brief in support of the man at the center of Foster. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here.Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here. Amicus is sponsored by The Great Courses, offering a series of lectures about the impact that technology is having on the constitution and our rights. The series—titled "Privacy, Property & Free Speech: Law and the Constitution in the 21st Century"—is available right now at up to 80% off the original price if you visit TheGreatCourses.com/amicus. And by MileIQ. If you’re one of the 60 million Americans who drive for work then you know that your miles are your dollars. Every mile you don’t log is money that you are losing. MileIQ is the only mileage-tracker app that detects, logs, and calculates your miles for you, ensuring that every mile is accounted for and no dollar is lost. Try MileIQ for free today by texting AMICUS to 31996. Podcast production by Tony Field.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Dahlia speaks with law professor Robert J. Smith about Montgomery v. Louisiana, a Supreme Court case that focuses on a man who has served 53 years in prison for a murder he committed as a juvenile. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by The Rachel Maddow Show on MSNBC. Watch Rachel as she breaks down the big headlines for the local threads that tie them all together. It’s the Rachel Maddow Show … covering America one story at time. Weeknights at 9 Eastern only on MSNBC.

Learn more about your ad choices. Visit megaphone.fm/adchoices

As serious questions about lethal injection protocols continue to swirl, Dahlia speaks with The Marshall Project’s Andrew Cohen about where the Supreme Court currently stands on the constitutionality of the death penalty. Please let us know what you think of Amicus. Our email is amicus@slate.com. Subscribe to our podcast here. Want a transcript of this week’s episode? They’re all available to members of Slate Plus on our show page. If you're not a Slate Plus member, consider becoming one -- members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial here.Amicus is sponsored by the Great Courses, offering a series of lectures about business and presentation—including Scientific Secrets for a Powerful Memory, How Conversation Works, The Art of Public Speaking, and Influence: Mastering Life’s Most Powerful Skill. Order any one of these courses for only $9.95 for a limited time at TheGreatCourses.com/amicus.And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS. This week’s excerpts from the Supreme Court’s public sessions were provided by Oyez, a free law project at the Chicago-Kent College of Law, part of the Illinois Institute of Technology.

Learn more about your ad choices. Visit megaphone.fm/adchoices

October 5th will mark the first day of the 2015 Supreme Court term. Thus far, the Court's docket includes major cases involving the death penalty, affirmative action, unions, civil asset forfeiture, and more. -- Notable cases include Campbell-Ewald Company v. Gomez, which concerns pre-certification mootness; Tyson Foods v. Bouaphakeo, which concerns class certification where statistical methods are used to establish liability and damages; Spokeo v. Robins, which concerns Article III standing and statutory damages; Fisher v. University of Texas at Austin, which concerns affirmative action in admissions; Evenwel v. Abbott, which concerns redistricting law; Friedrichs v. California Teachers Association, which concerns teacher unions; and Kansas v. Gleason, Kansas v. Carr, Montgomery v. Louisiana, Foster v. Humphrey, and Hurst v. Florida, which all concern the death penalty. -- In addition to these cases and others, which may include abortion and contraceptive mandate questions, the panelists will discuss the current composition and the future of the Court. -- Featuring: Prof. Gail Heriot, Professor of Law, University of San Diego School of Law; Mr. John Elwood, Partner at Vinson & Elkins; Mr. Neal K. Katyal, Partner at Hogan Lovells; Prof. John F. Stinneford, Professor of Law and Assistant Director, Criminal Justice Center at Levin College of Law, University of Florida; and Mr. Ed Whelan, President of Ethics & Public Policy Center. Moderator: Mr. Adam Liptak, The New York Times.

Dahlia sits down with the LA Times’ David Savage to consider three of the big cases on the SCOTUS docket this fall -- and whether liberals are right to be worried about the outcomes of those cases. *********** Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Amicus is sponsored by the Great Courses, offering engaging audio and video lectures taught by top professors. Courses like "Cycles of American Political Thought." Right now, get up to 80 percent off the original price when you visit TheGreatCourses.com/AMICUS.And by LegalZoom—a way for regular people to confidently navigate the legal system. If you need help with Incorporation, Trademarks, Last Wills, Living Trusts, and more, then don't let legal hurdles become an excuse. Go to LegalZoom.com today and enter AMICUS in the referral box for additional savings. 
And by Casper, an online retailer of premium mattresses for a fraction of the price. Casper mattresses come with free delivery and returns within a one hundred day period. Right now, get 50 dollars toward any mattress by visiting Casper.com/amicus and using the promo code AMICUS.Please let us know what you think of our legal affairs podcast. Our email is amicus@slate.com.Podcast production by Tony Field.

Learn more about your ad choices. Visit megaphone.fm/adchoices