Best RJ Dieken Podcasts (2024)

1
Trump v. United States (Presidential Immunity) 24:11

2d ago24:11

24:11

Trump v. United States A federal grand jury indicted former President Donald J. Trump on four counts for conduct that occurred during his Presidency following the November 2020 election. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud to obstruct the collec…

1
City of Grants Pass v. Johnson (Public Camping Laws) 12:38

2d ago12:38

12:38

City of Grants Pass v. Johnson Grants Pass, Oregon, is home to roughly 38,000 people, about 600 of whom are estimated to experience homelessness on a given day. Like many local governments across the Nation, Grants Pass has publiccamping laws that restrict encampments on public property. The Grants Pass Municipal Code prohibits activities such as c…

1
Fischer v. United States (Obstruction of Official Proceeding) 8:31

2d ago8:31

8:31

The Sarbanes-Oxley Act of 2002 imposes criminal liability on anyone who corruptly “alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding.” 18 U. S. C. §1512(c)(1). The next subsection extends that prohibit…

1
Loper Bright Enterprises v. Raimondo (Administrative Law / Chevron Deference) 20:58

5d ago20:58

20:58

Loper Bright Enterprises v. Raimondo This is a consolidated opinion of two cases that were argued this term. Both of them bring into question rules promulgated by the National Marine Fisheries Service under the Magnuson-Stevens Act -- which applies the Adminsitrative Procedures Act. The only question on appeal is whether Chevron is still good law. …

1
Moyle v. United States (Abortion) 25:44

6d ago25:44

25:44

In this very brief Per Curiam decision, RJ Dieken also reads the concurring opinions authored Justice Kagan and Justice Barrett.By Jake Leahy

1
Harrington v. Purdue Pharma (Bankruptcy) 10:01

6d ago10:01

10:01

Harrington v. Purdue Pharma Purdue Pharma pleaded guilty in 2007 to a federal felony based on its role in misbranding Oxycontin -- which was far more addictive than the company had made it out to be. Purdue faced seemingly endless lawsuits in the following years based on how addictive the opioid Oxycontin was. For over a decade that followed, the S…

1
Ohio v. EPA (Clean Air Act) 8:04

6d ago8:04

8:04

Ohio v. EPA The Clean Air Act requires both the States and federal government to help develop environmental regulations. When the EPA creates certain standards regarding air quality, states have to develop their own "State Implementation Plan," which requires States to both set out how to go about applying the federal regulations, and it also requi…

1
SEC v. Jarkesy (Jury Trial / Securities) 13:45

6d ago13:45

13:45

SEC v. Jarkesy In the aftermath of the Wall Street Crash of 1929, Congress passed a suite of laws designed to combat securities fraud and increase market transparency. Three such statutes are relevant: The Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940. These Acts respectively govern the registr…

1
Murthy v. Missouri (Standing / Social Media / First Amendment) 12:12

6d ago12:12

12:12

Murthy v. Missouri Missouri, alongside a few other states, sued the federal government alleging that certain federal officials illegally coordinated with social media companies to effectively silence certain viewpoints -- which they claim, amounts to these companies becoming state actors within the meaning of First Amendment jurisprudence. Held: Ne…

1
Snyder v. United States (Corruption) 10:59

6d ago10:59

10:59

Snyder v. United States Snyder served as the Mayor in a town in Indiana. After the town awarded a $1.2 million contract to a trucking company, he received a $13,000 payment from that company, he said this was for consulting services. He was prosecuted by the federal government and convicted for taking an illegal gratuity. He said that Section 666, …

1
Texas v. New Mexico (Rio Grande Compact) 8:18

6d ago8:18

8:18

Texas v. New Mexico Approved by Congress in 1938, the Rio Grande Compact is an interstate agreement that apportions the waters of the Rio Grande River among Colorado, New Mexico, and Texas. The Compact relies on the Federal Bureau of Reclamation’s operation of an irrigation system called the Rio Grande Project. Under the Compact, New Mexico must de…

1
Department of State v. Munoz (Immigration) 8:33

6d ago8:33

8:33

Department of State v. Munoz Sandra Munoz is an American citizen who married Luis Ascenio-Cordero -- an El Salvador resident -- in 2010. He was denied entry into the United States by the consulate in San Salvador. Generally, these are finally determinations. But, Munoz, his wife, filed suit, claiming that his denial represented a fundamental libert…

1
Erlinger v. United States (Sixth Amendment -- Jury Trial) 11:14

10d ago11:14

11:14

Erlinger v. United States Paul Erlinger pleaded guilty to being a felon in possession of a firearm in violation of 18 U. S. C. §922(g). At sentencing, the judge found Mr. Erlinger eligible for an enhanced sentence under the Armed Career Criminal Act, §924(e)(1), which increases the penalty for a 922(g) conviction from a maximum sentence of 10 years…

1
Smith v. Arizona (Expert Witnesses) 8:17

10d ago8:17

8:17

Smith v. Arizona The Sixth Amendment’s Confrontation Clause guarantees a criminal defendant the right to confront the witnesses against him. In operation, the Clause protects a defendant’s right of cross-examination by limiting the prosecution’s ability to introduce statements made by people not in the courtroom. The Clause thus bars the admission …

1
United States v. Rahimi (Second Amendment) 11:30

10d ago11:30

11:30

United States v. Rahimi Respondent Zackey Rahimi was indicted under 18 U. S. C. §922(g)(8), a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. A prosecution under Section 922(g)(8) may proceed only if the restraining order meets certain statutory criteria. In particular, the orde…

1
Gonzalez v. Trevino (Section 1983) 8:42

10d ago8:42

8:42

Gonzalez v. Trevino The decision of the 5th Circuit is vacated and remanded for further proceedings. Gonzalez was 72 years old, when in 2019, she was elected to a seat on her local City Council in Texas. She collected signatures for a petition trying to get the City Manager removed. There was a long debate at the meeting about this topic. The Mayor…

1
Moore v. United States (Tax) 12:02

10d ago12:02

12:02

Moore v. United States Congress generally taxes the income of American business entities in one of two ways. Some entities, such as S corporations and partnerships, are taxed on a pass-through basis, where the entity itself does not pay taxes. 26 U. S. C. §§1361–1362. Instead, the entity’s income is attributed to the shareholders or partners, who t…

1
Chiaverini v. City of Napoleon (Malicious Prosecution) 5:37

13d ago5:37

5:37

Chiaverini v. City of Napoleon This case involves a dispute between petitioner Jascha Chiaverini and police officers from Napoleon, Ohio. The officers charged Chiaverini, a jewelry store owner, with three crimes: receiving stolen property, a misdemeanor; dealing in precious metals without a license, also a misdemeanor; and money laundering, a felon…

1
Diaz v. United States (Evidence / Expert Testimony) 5:39

13d ago5:39

5:39

Petitioner Delilah Diaz was stopped at a port of entry on the United States-Mexico border. Border patrol officers searched the car that Diaz was driving and found more than 54 pounds of methamphetamine hidden in the vehicle. Diaz was charged with importing methamphetamine in violation of 21 U. S. C. §§952 and 960, charges that required the Governme…

1
United States Trustee v. John Q. Hammons Fall 2006, LLC (Bankruptcy Fee Remedy) 7:38

13d ago7:38

7:38

United States Trustee v. John Q. Hammons Fall 2006, LLC Two Terms ago, in Siegel v. Fitzgerald, 596 U. S. 464, the Court held that a statute violated the Bankruptcy Clause’s uniformity requirement because it permitted different fees for Chapter 11 debtors depending on the district where their case was filed. In this case, the Court is asked to dete…

1
Campos-Chavez v. Garland (Immigration) 7:38

13d ago7:38

7:38

Campos-Chavez v. Garland To initiate the removal of an alien from the United States who is either “inadmissible” under 8 U. S. C. §1182 or “deportable” under §1227, the Federal Government must provide the alien with “written notice” of the proceedings. §§1229(a)(1), (2). Two types of “written notice” are described in paragraphs (1) and (2) of §1229…

1
Garland v. Cargill (2nd Amendment) 10:10

13d ago10:10

10:10

The National Firearms Act of 1934 defines a “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” 26 U. S. C. §5845(b). With a machinegun, a shooter can fire multiple times, or even continuously, by engagi…

1
FDA v. Alliance for Hippocratic Medicine (Birth Control) 11:10

16d ago11:10

11:10

FDA v. Alliance for Hippocratic Medicine In 2000, the Food and Drug Administration approved a new drug application for mifepristone tablets marketed under the brand name Mifeprex for use in terminating pregnancies up to seven weeks. To help ensure that Mifeprex would be used safely and effectively, FDA placed additional restrictions on the drug’s u…

1
Starbucks Corp. v. McKinney (NLRB / Labor) 6:59

16d ago6:59

6:59

After several Starbucks employees announced plans to unionize, they invited a news crew from a local television station to visit the store after hours to promote their unionizing effort. Starbucks fired multiple employees involved with the media event for violating company policy. The National Labor Relations Board filed an administrative complaint…

1
Vidal v. Elster (First Amendment / Trademark) 11:06

16d ago11:06

11:06

Drawing on a 2016 Presidential primary debate exchange between thencandidate Donald Trump and Senator Marco Rubio, respondent Steve Elster sought to federally register the trademark “Trump too small” to use on shirts and hats. An examiner from the Patent and Trademark Office refused registration based on the “names clause,” a Lanham Act prohibition…

1
Truck Insurance Exchange v. Kaiser Gypsum (Bankruptcy) 8:23

17d ago8:23

8:23

Petitioner Truck Insurance Exchange is the primary insurer for companies that manufactured and sold products containing asbestos. Two of those companies, Kaiser Gypsum Co. and Hanson Permanente Cement (Debtors), filed for Chapter 11 bankruptcy after facing thousands of asbestos-related lawsuits. As part of the bankruptcy process, the Debtors filed …

1
Becerra v. San Carlos Apache Tribe 12:33

17d ago12:33

12:33

The Indian Self-Determination and Education Assistance Act, 25 U. S. C. §5301 et seq., enables an Indian tribe to enter into a “self-determination contract” with the Indian Health Service to assume responsibility for administering the healthcare programs that IHS would otherwise operate for the tribe. §5321(a)(1). When IHS administers such programs…

1
Connelly v. United States (Tax) 6:05

20d ago6:05

6:05

Connelly v. United States Michael and Thomas Connelly were the sole shareholders in Crown C Supply, a small building supply corporation. The brothers entered into an agreement to ensure that Crown would stay in the family if either brother died. Under that agreement, the surviving brother would have the option to purchase the deceased brother’s sha…

1
Cantero v. Bank of America (Banking) 9:08

23d ago9:08

9:08

In Cantero v. Bank of America, the Supreme Court reviewed a Second Circuit decision that struck down a New York bank regulation, finding that the State's authority was preempted by federal law. The Court held that Dodd-Frank requires a nuanced analysis -- rather than a bright line test -- on the issue of federal preemption. Justice Kavanaugh, writi…

1
NRA v. Vullo (First Amendment) 11:18

1M ago11:18

11:18

Petitioner National Rifle Association (NRA) sued respondent Maria Vullo—former superintendent of the New York Department of Financial Services (DFS)—alleging that Vullo violated the First Amendment by coercing DFS-regulated parties to punish or suppress the NRA’s gun-promotion advocacy. The Second Circuit held that Vullo’s alleged actions constitut…

1
Thornell v. Jones (Ineffective Assistance) 11:26

1M ago11:26

11:26

Thornell v. Jones Respondent Danny Lee Jones was convicted of the premeditated firstdegree murders of Robert and Tisha Weaver and the attempted premeditated murder of Robert’s grandmother Katherine Gumina. Arizona law at the time required the trial court to “impose a sentence of death” if it found “one or more” statutorily enumerated “aggravating c…

1
Coinbase v. Suski (Arbitration) 4:51

1M ago4:51

4:51

Coinbase v. Suski The dispute here involves a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and respondents, who use Coinbase. The first contract—the Coinbase User Agreement that respondents agreed to when they created their accounts—contains an arbitration provision with a del…

1
Brown v. United States (Criminal) 12:01

1M ago12:01

12:01

These cases concern the application of the Armed Career Criminal Act to state drug convictions that occurred before recent technical amendments to the federal drug schedules. ACCA imposes a 15-year mandatory minimum sentence on defendants who are convicted for the illegal possession of a firearm and who have a criminal history thought to demonstrat…

1
Alexander v. NAACP (Redistricting / Gerrymandering) 13:07

1M ago13:07

13:07

Alexander v. NAACP The Constitution entrusts state legislatures with the primary responsibility for drawing congressional districts, and legislative redistricting is an inescapably political enterprise. Claims that a map is unconstitutional because it was drawn to achieve a partisan end are not justiciable in federal court. By contrast, if a legisl…

1
Harrow v. Department of Defense (Equitable Tolling / Jurisdictional Deadlines) 5:36

1M ago5:36

5:36

In Harrow v. Department of Defense, Stuart Harrow appealed an adverse administrative decision after the 60-day deadline -- claiming that he was unaware of the deadline. He filed this appeal to the Federal Circuit. Because the Federal Circuit saw the mandatory "shall" language in the statute (that is, it shall be filed within 60 days), the Court den…

1
Smith v. Spizzirri (Arbitration) 4:34

1M ago4:34

4:34

Smith v. Spizzirri The Federal Arbitration Act (FAA) sets forth procedures for enforcing arbitration agreements in federal court. Section 3 of the FAA, entitled “Stay of proceedings where issue therein referable to arbitration,” provides that when a dispute is subject to arbitration, the court “shall on application of one of the parties stay the tr…

1
Consumer Financial Protection Bureau v. Community Financial 10:12

2M ago10:12

10:12

CONSUMER FINANCIAL PROTECTION BUREAU ET AL. v. COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., ET AL. The Constitution gives Congress control over the public fisc subject to the command that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Art. I, §9, cl. 7. For most federal agencies, Congr…

1
Culley v. Marshall (Asset Forfeiture) 8:35

2M ago8:35

8:35

Culley v. Marshall Petitioner Halima Culley loaned her car to her son, who was later pulled over by Alabama police officers and arrested for possession of marijuana. Petitioner Lena Sutton loaned her car to a friend, who was stopped by Alabama police and arrested for trafficking methamphetamine. In both cases, petitioners’ cars were seized under an…

1
Warner Chappell Music v. Nealy (Copyright) 4:29

2M ago4:29

4:29

Warner Chappell Music v. Nealy Under the Copyright Act, a plaintiff must file suit “within three years after the claim accrued.” 17 U. S. C. §507(b). On one understanding of that limitations provision, a copyright claim “accrue[s]” when “an infringing act occurs.” Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U. S. 663, 670. But under an alternative v…

1
Muldrow v. St. Louis (Employment Discrimination) 8:19

2M ago8:19

8:19

Muldrow v. City of St. Louis Sergeant Jatonya Clayborn Muldrow maintains that her employer, the St. Louis Police Department, transferred her from one job to another because she is a woman. From 2008 through 2017, Muldrow worked as a plainclothes officer in the Department’s specialized Intelligence Division. In 2017, the new Intelligence Division co…

1
McIntosh v. United States (Criminal Forfeiture) 11:21

3M ago11:21

11:21

McIntosh v. United States Petitioner Louis McIntosh was indicted on multiple counts of Hobbs Act robbery and firearm offenses. The indictment set forth the demand that McIntosh “shall forfeit . . . all property . . . derived from proceeds traceable to the commission of the [Hobbs Act] offenses.” The Government also later provided McIntosh with a pr…

1
Rudisill v. McDonough (VA Benefits) 11:15

3M ago11:15

11:15

Petitioner James Rudisill enlisted in the United States Army in 2000 and served a total of eight years over three separate periods of military service. He became entitled to Montgomery Bill benefits as a result of his first period of service. Rudisill earned an undergraduate degree and used 25 months and 14 days of Montgomery benefits to finance hi…

1
DeVillier v. Texas (Inverse Condemnation) 4:03

3M ago4:03

4:03

DEVILLIER v. TEXAS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Argued Jan. 16, 2024—Decided Apr. 16, 2024 Richard DeVillier and more than 120 other petitioners own property north of U. S. Interstate Highway 10 between Houston and Beaumont, Texas. The dispute here arose after the State of Texas took action to use portions …

1
Sheetz v. El Dorado County (Takings Clause) 6:53

3M ago6:53

6:53

George Sheetz was required by the County of El Dorado to pay $23,420 George Sheetz tried to get a residential building permit from El Dorado County. To do so, the County made him pay a $23,420 "traffic impact fee." The fee was part of the County's "General Plan" -- this plan was intended to address the impact that development has on public services…

1
Macquarie Infrastructure v. Moab Partners (SEC Disclosure) 6:55

3M ago6:55

6:55

Macquarie Infrastructure Corporation owns a subsidiary that operates terminals to store bulk liquid commodities, including No. 6 fuel oil, which has almost 3% sulfer. The UN adopted IMO in 2016, which set in in 2020. This regulation capped the sulfur content on fuel oil used in shipping to 0.5%. Macquarie did not discuss this IMO in its public docu…

1
Bissonnette v. LePage Bakeries (Federal Arbitration Act) 5:45

3M ago5:45

5:45

Flowers makes baked goods that are then distributed across the country. Bissonnette owned the distribution rights in a certain part of the country. Their contract subjected them to the F.A.A.. After Bissonnette sued under Labor (wage) laws, Flowers moved to compel arbitration. Bissonnette said they're exempt because the F.A.A. exempts “contracts of…

1
FBI v. Fikre (No Fly List) 6:46

4M ago6:46

6:46

Respondent Yonas Fikre, a U. S. citizen and Sudanese emigree, brought suit alleging that the government placed him on the No Fly List unlawfully. In his complaint, Mr. Fikre alleged that he traveled from his home in Portland, Oregon to Sudan in 2009 to pursue business opportunities there. At a visit to the U. S. embassy, two FBI agents informed Mr.…

1
Wilkinson v. Garland (Immigration) 8:00

4M ago8:00

8:00

Wilkinson v. Garland Congress gives immigration judges discretionary power to cancel the removal of a noncitizen and instead permit the noncitizen to remain in the country lawfully. 8 U. S. C. §§1229b(a)–(b). An IJ faced with an application for cancellation of removal proceeds in two steps: The IJ must decide first whether the noncitizen is eligibl…

1
O'Connor-Ratcliff v. Garnier (Public Official Social Media) 4:29

4M ago4:29

4:29

O'Connor-Ratcliff v. Garnier In 2014, Michelle O’Connor-Ratcliff and T. J. Zane created public Facebook pages to promote their campaigns for election to the Poway Unified School District (PUSD) Board of Trustees. While O’Connor-Ratcliff and Zane (whom we will call the Trustees) both had personal Facebook pages that they shared with friends and fami…

1
Lindke v. Freed (Public Official Social Media) 9:11

4M ago9:11

9:11

James Freed, like countless other Americans, created a private Facebook profile sometime before 2008. He eventually converted his profile to a public “page,” meaning that anyone could see and comment on his posts. In 2014, Freed updated his Facebook page to reflect that he was appointed city manager of Port Huron, Michigan, describing himself as “D…

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