Best RJ Dieken Podcasts (2024)

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

21m 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

1h 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

1h 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

2h 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

2h 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

3d 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

2d 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

3d 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

3d 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

3d 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

6d 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

10d 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

19d 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

19d 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

20d 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

21d 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

21d 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

28d 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

28d 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

1M 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

1M 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

1M 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

2M 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

2M 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

2M 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

2M 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

2M 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

2M 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

3M 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

3M 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

3M 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

3M 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…

1
Pulsifer v. United States (Statutory Construction / Sentencing) 8:55

3M ago8:55

8:55

PULSIFER v. UNITED STATES No. 22–340. Argued October 2, 2023—Decided March 15, 2024 After pleading guilty to distributing at least 50 grams of methamphetamine, petitioner Mark Pulsifer faced a mandatory minimum sentence of 15 years in prison. At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which…

1
Trump v. Anderson (Per Curiam -- Majority) 24:31

4M ago24:31

24:31

Trump v. Anderson A group of Colorado voters contends that Section 3 of the Fourteenth Amendment to the Constitution prohibits former President Donald J. Trump, who seeks the Presidential nomination of the Republican Party in this year’s election, from becoming President again. The Colorado Supreme Court agreed with that contention. It ordered the …

1
Trump v. Anderson (Barrett Concurrence) 1:42

4M ago1:42

1:42

Trump v. Anderson DONALD J. TRUMP, PETITIONER v. NORMA ANDERSON, ET AL. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO [March 4, 2024] JUSTICE BARRETT, concurring in part and concurring in the judgment. I join Parts I and II–B of the Court’s opinion. I agree that States lack the power to enforce Section 3 against Presidential candidates. Th…

1
Trump v. Anderson (Sotomayor, Kagan, Jackson Concurrence) 11:02

4M ago11:02

11:02

Trump v. Anderson JUSTICE SOTOMAYOR, JUSTICE KAGAN, and JUSTICE JACKSON, concurring in the judgment. "“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment). That fundamental principle of j…

1
McElrath v. Georgia (Double Jeopardy) 5:31

4M ago5:31

5:31

MCELRATH v. GEORGIA Damian McElrath was charged with malice murder, felony murder, and aggravated assault -- all related to the death of his mother. A jury returned a split verdict. For the malice-murder charge, finding him “not guilty by reason of insanity” and “guilty but mentally ill” to the other counts. The Georgia Supreme Court stated that be…

1
Great Lakes Insurance v. Raiders Retreat Realty (Maritime Contract) 6:40

4M ago6:40

6:40

Great Lakes v. Raiders Great Lakes Insurance (organized in Germany and HQ in UK) entered into a maritime insurance contract with Raiders Retreat Realty Company (HQ in PA). The contract included a provision to apply New York law. A Raiders vessel had an incident in Florida, Raiders then filed a claim. Great Lakes filed for declaratory judgment in a …

1
Murray v. UBS Securities, LLC (Whistleblower / Retaliatory Discharge) 7:55

4M ago7:55

7:55

TREVOR MURRAY, PETITIONER v. UBS SECURITIES, LLC, ET AL. As part of Trevor Murray's job at UBS, he had to file reports to the Securities Exchange Commission (SEC). In these reports, he had to certify that the reports reflected his personal and independent views. Despite physical separation from the rest of the unit, Murray claimed that he was recei…

1
USDA v. Kirtz (Fair Credit Reporting Act / Sovereign Immunity) 10:00

4M ago10:00

10:00

DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL HOUSING SERVICE v. KIRTZ Reginald Kirtz obtained a loan from the Department of Agriculture Rural Development Rural Housing Service. According to Kirtz, the USDA later told one of the major credit agencies (TransUnion) that Kirtz was behind on his payments. Kirtz says this was false and these false s…

1
Acheson Hotels, LLC v. Laufer (ADA / Mootness) 2:15

7M ago2:15

2:15

The Supreme Court granted certiorari to address a circuit split -- whether Deborah Laufer has Article III standing to sue hotels that fail to include information about accessibility accommodations as required by the ADA. She sued hundreds of hotels, most of which she never intended on trying to stay at. After her lawyer faced sanctions, Laufer deci…

1
Biden v. Nebraska (Student Loans) 13:58

9M ago13:58

13:58

In Biden v. Nebraska, the Supreme Court reviewed whether the HEROES Act authorized the Secretary of Education to unilaterally forgive $10,000 of student loans for most borrowers. The Court held that the Secretary does not have this power under HEROES Act, despite the language that allows the Secretary to "waive or modify" certain student loan provi…

1
Department of Education v. Brown (Student Loans / Standing) 9:11

10M ago9:11

9:11

In Department of Education v. Brown, the Supreme Court reviewed whether a person who was expecting student loan forgiveness, but not the maximum amount, had Article III standing to sue. The Court found that those individuals lacked standing to bring their challenge to the student loan forgiveness plan. Read by Jake A. Leahy.…

1
303 Creative v. Elenis (First Amendment / Anti-Discrimination) 15:08

10M ago15:08

15:08

In 303 Creative v. Elenis, the Supreme Court considered whether a Colorado based website designer could be compelled to speak in a manner that violates her religious beliefs--that is, whether she could be compelled to create custom website designs for same-sex weddings. The Supreme Court held for the designer, finding that anti-discrimination laws …

1
Groff v. DeJoy (First Amendment, Religious Liberty, Employment Accomodations) 13:45

10M ago13:45

13:45

In Groff v. DeJoy, the Supreme Court reviewed whether a postal worker was entitled to a religious accommodation that would allow him to not be scheduled on Sundays. The Court held that an employer who denies a religious accommodation is required to show a substantial burden if it had decided to accept the request. Read by Jeff Barnum.…

1
Abitron v. Hetronic (Lanham Act) 10:30

10M ago10:30

10:30

In Abitron v. Hetronic, the Supreme Court answered whether certain sections of the Lanham Act were unconstitutionally extraterritorial. To decide this issue, the Court applies a two-part test. It first looks to: 1) whether “Congress has affirmatively and unmistakably instructed for the statute to regulate foreign conduct; and if part-one finds it i…

1
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (Affirmative Action) 22:25

10M ago22:25

22:25

In Students for Fair Admissions, the Supreme Court reviewed whether the admissions systems used by Harvard College and the University of North Carolina are constitutional under the Equal Protection Clause of the Fourteenth Amendment. Held: The universities' race-based affirmative action admissions programs are unconstitutional under the Equal Prote…

1
Mallory v. Norfolk Southern R. Co. (Personal Jurisidction) 6:52

10M ago6:52

6:52

Whether the Due Process Clause of the Fourteenth Amendment prohibits a State from requiring an out of state corporation to consent to personal jurisdiction in order to do business in the state. Mallory, a Virginia resident, brought suit against Norfolk Southern Railway Company under Pennsylvania Law -- claiming carcinogen exposure in Ohio and Virgi…

1
Counterman v. Colorado (True Threats / First Amendment) 6:03

12M ago6:03

6:03

In Counterman v. Colorado, the Supreme Court reviewed whether a conviction for stalking based on "true threats" requires an objective or subjective test. The Court ruled that to government must prove true threats based on a subjective test. Under this test, the Court writes, the speaker need not intend harm, and that recklessness is enough. Justice…

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