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Bloomberg Law

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Supreme Court Leaks Show Justice's Maneuvers

Stephen Vladeck, a professor of constitutional law at the University of Texas Law School, discusses an extraordinary breach of the Supreme Court's rules of confidentiality and what it revealed about the inner workings of the court. Neil Kinkopf, a professor at the Georgia State University College of Law, discusses why the Supreme Court hasn’t shown much willingness during the Covid pandemic to second-guess emergency orders issued by public officials. June Grasso hosts. See omnystudio.com/listener for privacy information.

Aug 10, 202029 min

2020 Election is a Legal Logjam

Election law expert Justin Levitt, a professor at Loyola Law School, discusses why the 2020 election is on track to be the most litigated in U.S. history, with lawsuits pending in 42 states and D.C. June Grasso hosts. See omnystudio.com/listener for privacy information.

Aug 7, 202018 min

New Concerns About Accuracy of the Census

Leon Fresco, a partner at Holland & Knight, discusses new concerns about the 2020 Census. Carl Tobias, a professor at the University of Richmond Law School, discusses President Trump's upcoming list of potential nominees to the Supreme Court. Christopher Dolmetsch, Bloomberg Legal Reporter, discusses how a bail hearing for the teenager accused in the Twitter hack, got hacked. June Grasso hosts. See omnystudio.com/listener for privacy information.

Aug 6, 202030 min

N.Y. Prosecutor Suggests Fraud Part of Trump Inquiry

Former federal prosecutor Jessica Roth, a professor at Cardozo Law School, discusses Manhattan District Attorney Cyrus Vance Jr. suggesting his office may be investigating potential bank and insurance fraud by President Trump and the Trump Organization, as it seeks access to the president’s tax returns and other financial records. Bloomberg Law Reporter Madison Alder discusses Judge Esther Salas calling for more security for federal judges after a shooter killed her son and wounded her husband at their New Jersey home. June Grasso hosts.See omnystudio.com/listener for privacy information.

Aug 5, 202029 min

Ghislaine Maxwell Fights to Stop Document Release

Bloomberg Legal Reporter Patricia Hurtado discusses some revelations in newly unsealed documents in the Ghislaine Maxwell case and her attempts to block her deposition from 2016 from being revealed. Robert Bloom, a professor at Boston College Law School, discusses a federal appeals court throwing out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing. June Grasso hosts. See omnystudio.com/listener for privacy information.

Aug 4, 202028 min

Bias in Jury Selection Addressed in Bill

Former federal prosecutor Laurie Levenson, a professor at Loyola Law School, discusses why prosecutors and judges are resisting a proposal working its way through the California Legislature to require transparency around juror strikes in the nation’s largest state justice system, to address concerns of racial, gender, and other bias. June Grasso hosts. See omnystudio.com/listener for privacy information.

Aug 4, 202012 min

Justice Gorsuch Doesn't Care What You Think

Kimberly Strawbridge Robinson, Bloomberg Law Supreme Court Reporter, discusses the similarities between Justice Neil Gorsuch and his mentor, Justice Byron White -- and why Gorsuch doesn't care about public perception or criticism. Erin Mulvaney, Bloomberg Law Senior Legal Reporter, discusses new research suggesting that the pandemic has worsened gender dynamics between working parents and why working moms will find it hard to fight Covid-19 layoffs in court. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 31, 202025 min

Did Tech Titans Head Off Legal Action or Provoke It?

Jennifer Rie, Bloomberg Intelligence Senior Litigation Analyst, discusses the testimony of the four tech titans on Capitol Hill and whether more regulation or even break-ups are ahead for Amazon, Apple, Facebook and Google. Christopher Opfer, Bloomberg Law Team Leader for the Business of Law, discusses Uber's elite legal team and their strategy in the courts. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 31, 202035 min

Barr Squares Off with Democrats in Heated Testimony

Bradley Moss, a partner at Mark Zaid, discusses Attorney General William Barr offering a full-throated defense of the aggressive federal response to protests around the country and denying he has politicized the Justice Department during testimony on Capitol Hill. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 31, 202017 min

What Cases Are Missing From Upcoming SCOTUS Docket?

Bloomberg News Supreme Court Reporter Greg Stohr, discusses the upcoming term at the Supreme Court and why there are no cases on the Second Amendment or abortion rights. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 29, 202017 min

Taking the Bar Exam During Pandemic

Duke Law School Prof Marin Levy discusses the Supreme Court justices and lack of transparency on health issues. Bloomberg Industry Group's Sam Skolnick discusses Issues with taking the bar exam during pandemic. Bloomberg Industry Group's Ellen Gilmer discusses a Bid by Sierra Club, ACLU to stop border-wall construction. Stanford Law Professor Michael McConnell and University of Miami Law Prof Caroline Mala Corbin discuss the Supreme Court's refusal to lift Covid capacity limits on Nevada churchBloomberg Supreme Court Reporter Greg Stohr hosts.See omnystudio.com/listener for privacy information.

Jul 27, 202032 min

Courts Delay Reopening and New Trump Census Fight

Bloomberg Law Reporter Madison Alder, discusses why some courts are pumping the brakes on reopening efforts as Covid-19 cases rise, while others face pushback from lawyers over resuming in-person operations. Leon Fresco, a partner at Holland & Knight, discusses President Trump's memorandum that seeks to bar undocumented immigrants from being included in the census court. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 24, 202029 min

Ex-Trump Lawyer Cohen Says Jailed Over Planned Book

Bloomberg legal reporter Erik Larson discusses former Trump lawyer Michael Cohen's claim that his sudden return to prison is illegal retaliation for his decision to write an unflattering book about Trump before this year’s election. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 23, 20207 min

Federal Police Clash with Portland Protesters

Former federal prosecutor Elie Honig of Lowenstein Sandler discusses the clashes between federal agents and protesters in Portland, Oregon. Harold Krent a professor at the Chicago-Kent College of Law discusses the continuing legal battles over the subpoenas of President Trump's financial records. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 22, 202030 min

Who Really Won the Marshall-Jefferson Standoff?

Josh Blackman, a constitutional law professor at the South Texas College of Law, discusses Chief Justice John Roberts' majority opinion in Trump v. Vance which referred to Chief Justice John Marshall's rulings from the Aaron Burr treason trials. But did Marshall win the standoff over documents with President Thomas Jefferson or did Jefferson win? June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 19, 202011 min

Supreme Court Expands Religious Liberties

Richard Garnett, a professor at Notre Dame Law School, discusses the expansion of religious liberties at the Supreme Court this term. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 18, 202017 min

Supreme Court's Unusual Term: Victories and Losses

Stephen Vladeck, a professor of constitutional law at the University of Texas Law School, discusses the Supreme Court's most remarkable term featuring victories for immigrants, abortion rights, LGBTQ workers and religious freedoms and the dominant role of Chief Justice John Roberts. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 18, 202019 min

Ghislaine Maxwell’s Attack-the-Victim Strategy

Bloomberg Legal Reporter Patricia Hurtado discusses the bail hearing for Ghislaine Maxwell that ended with a ruling that she must spend the next year behind bars awaiting trial on sex-trafficking charges tied to her former boyfriend Jeffrey Epstein, but it also offered hints at her defense strategy. Bloomberg Legal Reporter Laurel Calkins discusses the legal battles of the Texas Republican Party in trying to force the city of Houston to host the party’s convention in person in the middle of a pandemic hot zone. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 16, 202028 min

Trump Supports Stone, Backs Down on Student Visas

Former federal prosecutor Robert Mintz, a partner at McCarter & English, discusses President Donald Trump commuting the sentence of longtime ally Roger Stone, sentenced to more than three years in prison for witness tampering and lying to Congress. Leon Fresco, a partner at Holland & Knight discusses the Trump administration rescinding a rule that would have required international students to transfer or leave the country if their schools held classes entirely online because of the coronavirus pandemic. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 15, 202027 min

Environmentalist's Trifecta of Wins Against Pipelines

Pat Parenteau, an environmental law professor at Vermont Law School, discusses three major victories for environmentalists in one week in blocking oil and gas pipelines, as a court ordered the Dakota Access pipeline to shut down during an environmental review, the Supreme Court refused to reinstate streamlined permitting for the Keystone XL pipeline and a decision by the developers of the Atlantic Coast pipeline to call it quits after years of legal delays. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 12, 202013 min

Judge Discusses Challenges of Juvenile Justice

Judge Dan Michael, the new President of the National Council of Juvenile and Family Court Judges, discusses his years on the bench of the Memphis and Shelby County Tennessee Juvenile Court, the work of the National Council, and his goals for juvenile and family courts. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 12, 202017 min

Musical 'Hamilton' Featured in Faithless Electors Case

Election law expert Richard Briffault, a professor at Columbia Law School, discusses the Supreme Court's ruling that states can require members of the Electoral College to vote for the presidential candidate who won the statewide balloting in a decision that refers to the hit Broadway musical "Hamilton" and the HBO comedy "Veep." Bloomberg Law Editor Jordan Rubin discusses a landmark 5-4 ruling, in which the Supreme Court affirmed the 19th-century reservation status of the Muscogee (Creek) Nation, in a criminal case. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 11, 202019 min

Trump Loses at Supreme Court But Wins Time

Leah Litman, a professor of constitutional law at the University of Michigan Law School, discusses today's pair of of 7-2 Supreme Court rulings rejecting President Trump’s expansive view of the presidency and his call for sweeping immunity, leaving room for Congress and state prosecutors to get access to a president’s private records with a strong enough showing. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 10, 202015 min

Case May Unearth Secrets of Epstein

Bloomberg Legal Reporter Patricia Hurtado describes how Ghislaine Maxwell, Jeffrey Epstein's former girlfriend, has gone from a luxury estate in New Hampshire to lockdown in Brooklyn and the secrets her case may reveal. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 8, 202013 min

Trump Appoints No Black Appellate Court Judges

Carl Tobias, a professor at the University of Richmond Law School, discusses how Donald Trump is on track to be the first president since Richard Nixon to go a full first term without selecting an African American nominee for a federal appeals court out of 53 confirmed appellate court judges. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 6, 202016 min

Is Roberts the Most Powerful Chief Justice?

Harold Krent, a professor at the Chicago-Kent College of Law, discusses the power Chief Justice John Roberts has, being the chief and now the swing vote on the Supreme Court. Richard Garnett, a professor at Notre Dame Law School, discusses the Supreme Court decision that states must include religious schools in programs that offer taxpayer subsidies for private education. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jul 3, 202027 min

Surprise Win for Abortion Rights At High Court

Stephen Vladeck, a professor at the University of Texas Law School discusses how a closely divided Supreme Court struck down a Louisiana law that would have left the state with only one abortion clinic, in a surprise reinforcement for women’s reproductive rights. Jill Fisch, a professor at the University of Pennsylvania Law School, discusses a divided Supreme Court ruling that the president has broad power to fire the director of the Consumer Financial Protection Bureau, saying that Congress went too far in trying to insulate the agency from political pressure. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jul 2, 202027 min

Did the Film 'The Shape of Water' Copy a Play?

Intellectual Property Litigator Terence Ross, a partner at Katten Muchin Rosenman LLP, discusses the Ninth Circuit reviving a copyright lawsuit that claims the film “The Shape of Water” copied the play “Let Me Hear You Whisper.” It was former Ninth Circuit Judge Alex Kozinski's first win at his former court since retiring from it after sexual misconduct allegations. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jun 30, 202011 min

Why Trump Administration Loses 90% of Agency Cases

Gillian Metzger, a professor at Columbia Law School, discusses why two high profile Supreme Court rulings are just the latest setbacks for the Trump administration in the area of federal agencies where it loses about 90% of its cases in court. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 28, 202016 min

SEC's Powers Curbed by Supreme Court

Jill Fisch, a professor at the University of Pennsylvania Law School, discusses the Supreme Court limiting the power of the Securities and Exchange Commission to recoup illegal profits from wrongdoers. Leon Fresco, a partner at Holland & Knight, discusses a divided Supreme Court bolstering the Trump administration's ability to quickly deport people who enter the country without documentation. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jun 27, 202019 min

Appeals Court Orders Judge to Dismiss Flynn Case

National security attorney Bradley Moss, a partner at Mark Zaid, discusses a federal appeals court ordering a judge to immediately dismiss the criminal case against President Donald Trump’s former national security adviser, Michael Flynn, who twice pleaded guilty to lying to the FBI. Professor Elora Mukherjee, Director of Columbia Law School’s Immigrants’ Rights Clinic, discusses a federal appeals court ruling that the Trump administration can use fast-track deportation proceedings for undocumented immigrants found anywhere in the U.S. who have been in the country for less than two years. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jun 25, 202029 min

Controversial Resignation of U.S. Attorney

Former federal prosecutor, Robert Mintz, a partner at McCarter & English, discusses the controversy surrounding the resignation of Geoffrey S. Berman, the chief federal prosecutor in New York, after a remarkable standoff with Attorney General William Barr and contradictory comments from President Donald Trump. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 23, 202013 min

Qualified Immunity Now a Question for Congress

Michael Dorf, a professor at Cornell Law School, discusses the Supreme Court refusing to take up a new test of “qualified immunity,” rejecting several appeals that challenged the legal doctrine that has become a broad liability shield for police officers accused of civil rights violations. June Grasso hosts. See omnystudio.com/listener for privacy information.

Jun 22, 202012 min

Supreme Court Stops Trump From Ending DACA

Leon Fresco, a partner at Holland & Knight, discusses how a divided Supreme Court dealt a rebuke to President Donald Trump, blocking him from ending the Obama-era program that shields 670,000 young undocumented immigrants from deportation and lets them seek jobs. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 20, 202014 min

A Watershed Moment for Gay Rights

Steve Sanders, a professor at Indiana University’s Maurer School of Law, discusses the Supreme Court's landmark decision that federal law protects gay and transgender workers from job discrimination, giving millions of LGBT people in dozens of states civil rights they've sought for decades. Pat Parenteau, a professor at Vermont Law School, discusses the Supreme Court upholding a crucial permit for the planned $8 billion Atlantic Coast Pipeline, clearing the natural-gas line to cross under the Appalachian Trail. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 19, 202031 min

Trump Unlikely to Stop Bolton Tell-All Book

National Security lawyer Bradley Moss, a partner at Mark Zaid, discusses the Trump administration seeking an emergency restraining order to stop the publication of a tell-all book by John Bolton, President Trump’s former National Security Advisor. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 18, 202016 min

The Deadliest Corporate Crime in U.S. History

Peter Henning, a professor at Wayne State University Law School, discusses PG&E Corp. pleading guilty to involuntary manslaughter, admitting in a California courtroom that the bankrupt utility killed 84 people after its equipment ignited the deadliest wildfire in state history. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 17, 202013 min

Legal risks for Companies Reopening

Samuel Estreicher, a professor at New York University law school and director of its Center for Labor and Employment Law, discusses the legal risks employers are wrestling with in getting workers back on the job while the pandemic is still spreading. Former federal prosecutor Robert Mintz, a partner at McCarter & English, discusses a federal appeals court hearing on the U.S. Justice Department’s request to drop the criminal case against former national security adviser Michael Flynn. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 16, 202030 min

Why Trump Keeps Losing Climate Cases in Court

Pat Parenteau, a professor of environmental law at Vermont Law School, discusses a string of courtroom defeats for President Trump because federal agencies have not adequately considered the consequences to a warming planet. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 15, 202016 min

The Law that Shields Police is Under Fire

Former federal prosecutor George Newhouse of Richards Carrington, discusses qualified immunity, a legal doctrine that has come under fire because it protects police against civil lawsuits for the violation of constitutional rights. Leon Fresco, a partner at Holland & Knight, discusses a federal judge ordering that ICE agents cannot arrest undocumented immigrants at New York state courthouses. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 13, 202019 min

You Can be Fired for Protesting in Most States

Merrick Rossein, a professor at the City University of New York School of Law, discusses how businesses are taking steps to support their workers during protests against police brutality, while also retaining the legal right to fire workers who participate if they disagree with their actions. Christopher Opfer, Bloomberg Legal Reporter, discusses how two former Obama civil rights lawyers "switched sides." June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 11, 202028 min

Is $550 Million Enough to Settle Facebook Suit?

Mark Rifkin, a partner at Wolf Haldenstein discusses s federal judge questioning Facebook Inc.’s $550 million settlement of a class-action privacy lawsuit, asking whether that was really a lot of money. Madison Alder, Bloomberg Law Reporter, discusses how the doors at federal courthouses around the nation are slowly starting to swing open with the convening of socially distanced grand juries. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 10, 202029 min

M. Night Shyamalan Beats Copyright Suit

Intellectual Property Litigator Terence Ross, a partner at Katten Muchin Rosenman LLP, discusses how filmmaker M. Night Shyamalan and Apple defeated claims that their Apple TV+ show “Servant” rips off a 2013 film with a similar premise, “The Truth About Emanuel." June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 9, 202011 min

Divided Supreme Court Curbs Pension Suits

Robert Hockett, a professor at Cornell Law School, discusses the Supreme Court ruling that U.S. Bank NA won’t have to face a lawsuit challenging steep losses to its pension plan, because the plan participants who filed suit have nothing to gain or lose through the case. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 7, 202016 min

Fmr Governor of Puerto Rico on SCOTUS Decision

The former Governor of Puerto Rico, Luis Fortuno, a partner at Steptoe & Johnson, discusses the U.S. Supreme Court decision upholding the oversight board responsible for resolving Puerto Rico’s debt crisis, rejecting a bondholder challenge. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 6, 20208 min

Getting a Conviction in the George Floyd Case

Former federal prosecutor Elie Honig, of Lowenstein Sandler, discusses the new charges against the four police officers in the death of George Floyd and how difficult it will be to get a conviction. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 5, 202016 min

Can Trump Send Military Troops Into States?

Harold Krent, a professor at the Chicago-Kent College of Law, discusses President Trump’s threat to send military troops into states and whether he has the authority under the law. Brad Moss, a partner at Mark Zaid, discusses the latest twists in the case of former National Security Advisor Michael Flynn. June Grasso hostsSee omnystudio.com/listener for privacy information.

Jun 5, 202029 min

George Floyd Protests Test the Law

Kimberlé Crenshaw, a professor at Columbia Law School and a leading scholar of critical race theory, discusses the protests in response to the killing of George Floyd while in police custody. Richard Garnett, a professor at Notre Dame Law School and a constitutional law expert, discusses the Supreme Court rejecting a call by a California church to block restrictions on worship services during the coronavirus outbreak. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 3, 202029 min

Spike in Divorces Likely After the Lockdowns

Peter Stambleck, a partner at matrimonial firm, Aronson Mayefsky & Sloan, discusses the likely spike in divorces in the U.S. after the pandemic. In China divorces hit record high numbers in several cities as couples emerged from weeks of government-mandated shutdowns. June Grasso hosts.See omnystudio.com/listener for privacy information.

Jun 2, 202011 min

Trump’s War on Twitter and Mail-In Ballots

Constitutional law expert Eugene Volokh, a professor at UCLA Law School, discusses President Trump unleashing an executive order targeting social media companies like Twitter that have drawn his wrath. Election law expert Richard Briffault, a professor at Columbia Law School, discusses the challenges election officials have with just weeks left to ensure that their states can handle a surge of mail-in votes in November in the face of fierce opposition from Trump. June Grasso hosts.See omnystudio.com/listener for privacy information.

May 30, 202029 min