Best Carlos Vidal Podcasts (2024)

1
Courthouse Steps Decision: Corner Post, Inc. v. Board of Governors of the Federal Reserve System 1:00:09

15h ago1:00:09

1:00:09

On July 1, 2024, the U.S. Supreme Court issued their opinion in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asked whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)—the six-year default federal statute of limitations—when an agency issues a rule or when the ru…

1
Courthouse Steps Decision: Fischer v. United States 56:25

1d ago56:25

56:25

Fischer v. United States concerned whether to prove a violation of 18 U.S.C. § 1512(c)(2) — a provision of the Sarbanes-Oxley Act — the government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to …

1
Courthouse Steps Decision: City of Grants Pass, Oregon v. Johnson 51:36

1d ago51:36

51:36

City of Grants Pass, Oregon v. Johnson raised the question of whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and unusual punishment" as prohibited by the Eighth Amendment. The codes in question only impose civil penalties, which can, in certain circu…

1
Courthouse Steps Decision: Loper Bright & Relentless 1:01:18

1d ago1:01:18

1:01:18

Chevron v. NRDC (1984) and subsequent precedents held that courts should defer to agency interpretations of ambiguous statutes. This “Chevron Deference” has been a topic of great debate, with many calling for it to be overturned, while others argue it is a vital part of how Courts address the complexity of law and agency actions. In two cases this …

1
Current & Future Uses of the Impeachment Power 1:02:25

8d ago1:02:25

1:02:25

Congress’s impeachment power has been used dozens of times since the republic’s founding, mostly for relatively low- and mid-level executive and judicial officers involving clear instances of bribery or other felonies. Its attempted use to remove Supreme Court justices, presidents, and now cabinet secretaries is more controversial, and since the 19…

1
Courthouse Steps Decision: FDA v. AHM 57:51

9d ago57:51

57:51

In November 2022, the Alliance Defending Freedom (ADF) filed a federal lawsuit in the U.S. District Court for the Northern District of Texas, Amarillo Division, against the United States Food and Drug Administration (FDA) on behalf of the Alliance of Hippocratic Medicine (AHM) and others. The suit challenged the FDA’s 2000 decision to legalize mife…

1
Courthouse Steps Decision: United States v. Rahimi 1:00:17

9d ago1:00:17

1:00:17

United States v. Rahimi raised the question of whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic violence restraining orders, violates the Second Amendment on its face. Zackey Rahimi was found in possession of a rifle and pistol while subject to a domestic violence restraining order after the a…

1
Courthouse Steps Decision: Thornell v. Jones 44:12

15d ago44:12

44:12

In 1992, Danny Lee Jones was convicted of two first-degree murder charges and one attempted premeditated murder charge by a trial court in Arizona and was sentenced to death. Mr. Jones appealed, and the Arizona Supreme Court upheld his sentence. Later, Mr. Jones sought post-conviction review on multiple grounds, including a federal habeas petition.…

1
Courthouse Steps Decision: Vidal v. Elster 59:16

21d ago59:16

59:16

In recent years, the Supreme Court has decided two cases in which it held that certain restrictions against registering certain kinds of marks violate the Free Speech Clause of the First Amendment. In Matal v. Tam (2017), it invalidated the Lanham Act proscription against registering marks containing terms disparaging toward a person or institution…

1
Courthouse Steps Decision: Becerra v. San Carlos Apache Tribe 34:16

22d ago34:16

34:16

The Indian Self-Determination and Education Assistance Act (ISDA), which allows Native tribes to administer their healthcare programs instead of the Indian Health Service (IHS), also requires IHS to pay “contract support costs” (CSCs) to tribes to offset overhead costs incurred by the tribes while administering their healthcare programs…

1
Is the National Institute of Standards and Technology’s New Proposal on March-in a Price-Control Vehicle? 59:38

29d ago59:38

59:38

The Biden Administration recently proposed new regulatory guidelines that would permit agencies to impose price controls on products based on inventions derived from upstream federally funded research. The new regulations would affect such price controls by expanding the “march-in” power of the Bayh-Dole Act. In addition to its core function allowi…

1
A Conversation about Supreme Court Ethics and Journalistic Integrity 57:39

1M ago57:39

57:39

For several weeks, much media attention has focused on reports of flags flown outside the primary residence and vacation home of Supreme Court Justice Samuel Alito. Several publications assert that the flags are associated with support for the “Stop the Steal” movement, Christian nationalism, and/or the January 6 attack on the U.S. Capi…

1
AI Policy Roundup 57:50

1M ago57:50

57:50

On October 30, 2023, President Biden signed the most far-reaching presidential action in AI, Executive Order 14,110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The EO directs dozens of federal agencies to take over 100 discrete actions to implement it over eight distinct policy areas. The EO received significant a…

1
Abortion and IVF post-Dobbs: LePage, Mayes, Etc. 1:00:02

1M ago1:00:02

1:00:02

Since Dobbs v. Jackson Women’s Health Organization, state courts and legislatures have grappled with its legal and policy implications, especially as they pertain to abortion and IVF. In LePage v. Center for Reproductive Medicine, for example, the Alabama Supreme Court held that frozen embryos should be regarded as “children” for the purposes of Al…

1
The Trump New York Verdict: Constitutional, Legal, and Prudential Questions 1:01:47

1M ago1:01:47

1:01:47

A New York City jury recently convicted former President Donald Trump of 34 criminal counts of falsifying business documents. In New York, it is a misdemeanor to falsify business records with “the intent to defraud,” a crime with a two year statute of limitations. If the falsification is carried out for the purpose of concealing another crime, it i…

1
Courthouse Steps Decision: NRA v. Vullo 1:00:59

1M ago1:00:59

1:00:59

On May 30, 2024, the Supreme Court issued its decision in National Rifle Association of America v. Vullo. In a 9-0 decision, the Court sided with the NRA, affirming the actions taken by New York Department of Financial Services Maria Vullo violated the First Amendment. The case, known as one of the two "jawboning" cases heard this term (along with …

1
Does Ranked Choice Voting Help or Hurt? 1:00:41

1M ago1:00:41

1:00:41

Ranked choice voting, also known as instant runoff voting, is a voting method where voters select several candidates in the order of preference on a single ballot. Ranked choice voting has been used by certain states, cities, and political party primaries. Recently, a series of jurisdictions have implemented bans on ranked choice voting. A panel of…

1
Bail Reform: Illinois’ Experience After 9 months 1:00:19

2M ago1:00:19

1:00:19

Balancing safety and justice is especially challenging in the pretrial context where difficult decisions must be made quickly while evidence is still being gathered. In September 2023, an overhaul of Illinois’ pretrial system went into effect, eliminating the use of cash bail while also expanding the authority of judges to detain defendants without…

1
Legal Scrutiny Ahead: Assessing the Implications of EPA's Final Power Plant Rule 1:00:52

2M ago1:00:52

1:00:52

On April 25th, the Environmental Protection Agency announced a suite of final rules meant to reduce pollution from fossil fuel-fired power plants. The rule was among four measures targeting coal and natural gas plants that the EPA said would provide “regulatory certainty” to the power industry and encourage them to make investments to transition “t…

1
Litigation Update: Arizona Supreme Court Opinion in Planned Parenthood v. Mayes / Hazelrigg 56:55

2M ago56:55

56:55

Throughout Arizona’s history as a state, the criminal code authorized penalties against any person who performed or procured an abortion for a pregnant woman. In 1971, Planned Parenthood Center of Tucson challenged that law on state and federal constitutional grounds. In early 1973, the state intermediate appellate court upheld the criminal law as …

1
Is Patent Eligibility Doctrine in Need of Reform? 1:01:35

2M ago1:01:35

1:01:35

Between 2010-2014, the Supreme Court handed down four decisions resulting in the Mayo-Alice two-step test for what counts as an invention or discovery eligible for patent protection. In the ensuing decade, the issue of whether this test is indeterminate, too restrictive, or both, has been vigorously debated by lawyers, judges, and scholars. Recentl…

1
Litigation Update: Sagebrush Rebels and Western States Challenge Presidential Monument Designations 30:45

2M ago30:45

30:45

Congress passed the Antiquities Act in 1906 to protect Native American archaeological sites from looters and vandalism, empowering the President to designate historic landmarks, structures, or objects of scientific interest as national monuments on federal land. However, it also imposed limitations, requiring such designations to cover only "the sm…

1
FTC’s Sweeping Non-Compete Ban: Summary, States’ Views, and Litigation Challenges 1:00:51

2M ago1:00:51

1:00:51

On April 23, 2024, the FTC voted 3-2 to adopt a final rule banning the use of non-compete agreements nationwide, impacting 30 million workers by the FTC’s own estimates. This near categorical ban on the non-compete agreements is a contrast from a regime in which these agreements had been recognized to have potential procompetitive value and therefo…

1
FTC Policy Unpacked: Achieving Change at the Federal Trade Commission 1:03:37

2M ago1:03:37

1:03:37

FTC Chair Khan has sought to implement aggressive and profound changes at the agency from novel approaches on antitrust to groundbreaking rulemakings. But will these efforts have lasting effects? Former FTC Chairs Tim Muris and Maureen Ohlhausen were joined by Howard Beales, former Director of the Bureau of Consumer Protection at the FTC, to compar…

1
Courthouse Steps Oral Argument: Starbucks Corp. v. McKinney 51:07

2M ago51:07

51:07

Starbucks Corp. v. McKinney sits at an interesting intersection of Labor and Administrative law. The facts of the case concern Starbucks Corp.'s alleged retaliation against seven Memphis workers for unionization efforts. The employees received disciplinary action and ultimately lost their jobs in the wake of their involvement in a unionization effo…

1
Standing and Section 2: Does Section 2 of the Voting Rights Act Provide a Private Right of Action? 59:05

3M ago59:05

59:05

In 2021, in Arkansas State Conference NAACP v. Arkansas Board of Apportionment, private litigants sued to challenge the Arkansas state House redistricting map as violating Section 2 of the Voting Rights Act by illegally diluting the vote of racial minorities. In 2022, the U.S. District Court for the Eastern District of Arkansas ruled that Section 2…

1
Nuziard v. MBDA: What is the Future of Equal Protection Litigation? 54:18

3M ago54:18

54:18

On March 5, 2024, U.S. District Court Judge Mark Pittman of the Northern District of Texas entered a declaratory judgment and nationwide injunction against the Minority Business Development Agency, preventing the agency from extending a federally-sponsored racial preference to groups seeking to access capital and government contracts. This case, Nu…

1
Déjà Vu all over again? The Return of Network Neutrality 1:00:27

3M ago1:00:27

1:00:27

In 2002, under Chairman Michael Powell, the FCC passed the Cable Modem Order which classified cable modem internet service providers (ISPs) as not subject to common carrier non-discrimination requirements. The order’s critics said the FCC had created a non-neutral internet where dominant firms could use their market power to harm consumers and dimi…

1
Discrimination By Proxy?: Arlington Heights Cases in the Post Students for Fair Admissions Era 1:06:48

3M ago1:06:48

1:06:48

In the consolidated Students for Fair Admissions cases, the Supreme Court held unlawful the use of race in undergraduate admissions at Harvard University and the University of North Carolina. Many colleges and universities have nonetheless indicated that they plan to circumvent the decision by using proxies for race instead. A 1978 Supreme Court ca…

1
Litigation Update: Ream v. U.S. Department of Treasury - Is Home-Distilling Commerce? 48:31

3M ago48:31

48:31

John Ream, an engineer and owner of Trek Brewing Company which creates craft beers in Newark, Ohio, is suing the U.S. Department of Treasury over the regulations that prohibit distilling spirits and hard alcohols at home. Mr. Ream asserts that he would like to pursue the hobby of distilling spirits at home for his personal use but cannot because of…

1
Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn 58:24

3M ago58:24

58:24

In February 2022, a District of New Jersey court in United States v. Coburn compelled a private company to produce internal investigation materials to two of its former executives, who had been indicted by the U.S. Department of Justice ("DOJ") relating to an alleged foreign bribery scheme. This panel will explore the implications that this decisio…

1
Courthouse Steps Oral Argument: City of Grants Pass, Oregon v. Johnson 55:05

3M ago55:05

55:05

City of Grants Pass, Oregon v. Johnson questions if prohibiting sleeping/camping on public property under the Grants Pass Municipal Code breaches the Eighth Amendment's ban on "cruel and unusual punishment." These provisions typically carry civil penalties but can escalate to criminal penalties.Initially filed in 2018, this case draws parallels to …

1
Jurisdiction Stripping: Fact & Fiction Flowing Through the Mountain Valley Pipeline Case 58:20

3M ago58:20

58:20

Generally, when Congress strips courts of jurisdiction, it does so by implementing broad, forward-looking, statutory bars that insulate agency decisions or foreclose appeal. In response to the protracted litigation surrounding construction and operation of the Mountain Valley Pipeline, Congress passed a unique statutory provision which (1) granted …

1
Discussing Clarke v. CFTC: The Case of PredictIt & the CFTC's No-Action Letter 1:00:32

3M ago1:00:32

1:00:32

In July of 2023, the Fifth Circuit reversed the district court's decision in Clarke v. CFTC, and remanded with instructions to enter a preliminary injunction against the Commodity Futures Trading Commission. The case is one concerning the CFTC's revocation of its "no-action letter" concerning PredictIt Market. PredictIt Market is an online marketpl…

1
Courthouse Steps Preview: City of Grants Pass, Oregon v. Johnson 58:49

3M ago58:49

58:49

City of Grants Pass, Oregon v. Johnson concerns whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and unusual punishment" as prohibited by the Eighth Amendment. The codes in question only impose civil penalties, which can, in certain circumstances devel…

1
A Seat at the Sitting - April 2024 1:35:27

3M ago1:35:27

1:35:27

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Snyder v. United States (April 15) - Whether section 18 U.S.C. § 666(a)(1)(B) criminalizes gratuities, i.e., payments in recognition of actions a state or local official has…

1
Courthouse Steps Decision: Pulsifer v. United States 46:23

4M ago46:23

46:23

In Pulsifer v. United States, the Supreme Court considered an Eighth Circuit case that raised the question: "Must a defendant show he does not meet any of the criteria listed in 18 U.S.C. § 3553(f) to qualify for a sentence lower than the statutory minimum?". Key to that question was the meaning of the word "and" in the statute, as the Court w…

1
303 Creative, Masterpiece Cakeshop, and the Fate of Free Exercise for Wedding Vendors 1:01:01

4M ago1:01:01

1:01:01

Over the past decade, the tension between First Amendment rights and public accommodations laws has grown, as wedding vendors have refused to serve same-sex weddings pursuant to their consciences. On June 30, 2023, the U.S. Supreme Court issued its decision in 303 Creative LLC v. Elenis, which held that the free speech clause prohibits a state from…

1
Courthouse Steps Oral Argument: Gonzalez v. Trevino 18:07

4M ago18:07

18:07

In Gonzalez v. Trevino, Petitioner Sylvia Gonzalez is a 72 year-old city councilwoman from Castle Hills, Texas. Ms. Gonzalez believed that the city's mayor and city manager were ignoring her constituents and her own frustrations with the city. The mayor and other allies of the city manager in turn planned to unseat the councilwoman. The mayor and p…

1
A Seat at the Sitting - March 2024 1:10:33

4M ago1:10:33

1:10:33

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this preview are listed below. Murthy v. Missouri (March 18) - Whether the Supreme Court should stay the injunction of the U.S. District Court for the Western District of Louisiana restricting federal official…

1
Litigation Update: De Piero v. Pennsylvania State University 50:41

4M ago50:41

50:41

Professor Zack De Piero was an English professor at the Pennsylvania State University Abington campus before resigning and filing a lawsuit against the University in 2023 alleging that administrators and faculty members discriminated against him because of the color of his skin. Professor De Piero claims the University's diversity, equity, and incl…

1
Litigation Update: Gerber v. Ohio Northern University 36:19

4M ago36:19

36:19

Academic freedom and free speech at colleges and universities are at the center of ongoing litigation in Gerber v. Ohio Northern University. In April 2023, Dr. Scott Gerber was abruptly removed from his law class by school security and brought to the dean's office. Dr. Gerber was then told by Dean Charles H. Rose III that he must resign or face ter…

1
Courthouse Steps Preview: Murthy v. Missouri & NRA v. Vullo 1:01:15

4M ago1:01:15

1:01:15

On March 18, 2024 the Supreme Court will hear two cases related to alleged “jawboning” -Murthy v. Missouri & NRA v. Vullo. Murthy v. Missouri, originally filed as Missouri v. Biden, concerns whether federal government officials had violated the First Amendment by "coercing" or "significantly encouraging" social media companies to re…

1
AI Meets Copyright: Understanding New York Times v. OpenAI 1:04:52

4M ago1:04:52

1:04:52

Artificial intelligence is the most important technological tool being developed today, but the use of preexisting copyrighted works to train these AI systems is deeply controversial. At the end of 2023 the New York Times sued OpenAI and Microsoft, alleging that OpenAI's use of articles from the New York Times to train their ChatGPT large language …

1
Litigation Update: Speech First, Inc. v. Sands 1:00:49

4M ago1:00:49

1:00:49

Speech First, Inc. v. Sands concerns a Virginia Polytechnic Institute and State University (Virginia Tech) policy that created a bias response team and protocol where students could report bias incidents. Under this policy, reported incidents would be reviewed and possibly reported to the administration for a formal reprimand. In 2021, Speech First…

1
Talks With Authors: Better Money: Gold, Fiat, Or Bitcoin? 59:12

4M ago59:12

59:12

In Better Money: Gold, Fiat, Or Bitcoin?, monetary expert Lawrence H. White delves into the timely debate surrounding alternative currencies amidst the backdrop of constant inflation in the fiat currency world. Better Money explains and analyzes gold, fiat dollars, and Bitcoin standards to evaluate their relative merits and capabilities as currenci…

1
Courthouse Steps Decision: Trump v. Anderson 31:27

4M ago31:27

31:27

On February 8, 2024, the Supreme Court heard Oral Argument in Trump v. Anderson. The Court considered whether the Colorado Supreme Court erred in ordering former President Donald Trump excluded from the 2024 presidential primary ballot. Legal questions involved in the case include whether Section 3 of the Fourteenth Amendment is "self-executing" or…

1
Courthouse Steps Oral Argument: Ohio v. Environmental Protection Agency 1:01:29

4M ago1:01:29

1:01:29

On February 21, 2024, the Supreme Court will hear oral argument in Ohio v. Environmental Protection Agency. The following questions are presented – (1) Whether the court should stay the Environmental Protection Agency’s federal emission reductions rule, the Good Neighbor Plan; and (2) whether the emissions controls imposed by the rule a…

1
Courthouse Steps Oral Argument: Garland v. Cargill 1:02:37

4M ago1:02:37

1:02:37

Garland v. Cargill concerns whether bump stocks are considered "machineguns" as defined by Title 26 of the United States Code. Impacting the realms of both Second Amendment and Administrative Law, the case raises questions concerning the role of lenity, the applicability of the Chevron Doctrine, and the nature of the ATF’s authority. Bump sto…

1
NIST’s Proposed Framework for a New Approach to Bayh-Dole March-in: What You Need to Know 1:00:56

4M ago1:00:56

1:00:56

The National Institute of Standards and Technology (NIST) seeks comments on the Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights, which sets out the factors that an agency may consider when deciding whether to exercise Bayh-Dole march-in rights. The information received will inform NIST and the Interagency Workin…

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