Best Taft Law Podcasts (2024)

1
A Discussion of Labor Law: Is the Taft-Hartley Act Being Interpreted as Written? 1:02:02

21d ago1:02:02

1:02:02

The 1947 Taft-Hartley amendments to the National Labor Relations Act, doggedly opposed by organized labor, included compliance with practicable portions of the federal rules of evidence and civil procedure, barring the Board from treating supervisors and independent contractors as protected employees, expressly incorporating employer free-speech ri…

1
Patent Owners in the Soup... No Injunction for You! 21:03

2d ago21:03

21:03

Some Intellectual Property experts contend that American patent reliability has been in decline for 20 years. They point to the threat of inter partes review, the misuse of march-in rights under the Bayh-Dole Act, the imposition of reasonable or reference price clauses, direct government price-setting, and, most importantly, an inability to obtain …

1
The First Amendment in Trademark Law after Vidal v. Elster 21:03

3h ago21:03

21:03

In Vidal v. Elster (the “Trump Too Small” case), the Supreme Court unanimously upheld a federal limitation on registering trademarks that include other people’s names. All the Justices agreed that, though the limitation was content-based, it didn’t need to be judged under strict scrutiny. But behind this unanimity was a major rift about whether the…

1
Litigation Update: Challenges to the SAVE Plan 46:23

3d ago46:23

46:23

Since its earliest days, the Biden Administration has been clear as to its goal of addressing what it sees as a crisis of student debt by forgiving notable segments of existing student loans. To that end, it has pursued several plans -- the attempted forgiveness of loans under the HEROES Act struck down in Biden v. Nebraska (2023), the SAVE Plan wh…

1
New Voices in Administrative Law II: The Supreme Court and Federal Court Jurisdiction 21:03

3d ago21:03

21:03

The development of standing jurisprudence has been inextricably intertwined with the growth of the administrative state over the past 60 years and the bevy of new statutory rights, privileges, obligations, constraints, and interbranch dynamics that came with it. Over the past three terms, the U.S. Supreme Court has issued numerous opinions that are…

1
Certification of State-Law Questions by Federal Courts 1:01:34

1h ago1:01:34

1:01:34

In Lindenberg v. Jackson National Life Ins. Co., 912 F.3d 348 (2018), the Sixth Circuit declared unconstitutional Tennessee’s law capping punitive damages based on the Tennessee constitution. But in the wake of Lindenberg, Tennessee state courts continue to reduce punitive damage awards in reliance on the statutory cap because the Tennessee Supreme…

1
What is the Role of the ITC in Patent Cases? 1:01:04

4h ago1:01:04

1:01:04

The U.S. International Trade Commission (ITC), long a favored forum for patent infringement disputes, has recently come under fire for duplicating the functions of the federal courts where patents disputes – often the same ones that are before the ITC – are litigated. In this panel, Professors Jorge L. Contreras, Michael Doane, and F. Scott Kieff w…

1
Free Exercise and Abortion 1:02:11

14d ago1:02:11

1:02:11

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), pro-choice advocates have argued that restrictions on abortion violate freedom of religion in some circumstances. A recent decision by the Indiana Court of Appeals, academic articles, and media stories have taken up these religious free-exercise chal…

1
Private Attorneys General: Bridging Gaps in Law Enforcement? 59:40

22d ago59:40

59:40

Should private attorneys general enforce laws? Proponents argue that this approach allows individuals and private entities to act in the public interest, supplementing often overburdened or under-resourced government agencies. This can lead to more comprehensive enforcement of laws, particularly in areas such as environmental protection, consumer r…

1
FTC’s Interim Pharmacy Benefit Manager Report - Assessing Vigor 1:03:44

14d ago1:03:44

1:03:44

On July 9th, the Federal Trade Commission released a Staff Interim Report on the Pharmacy Benefit Manager Industry. This panel will discuss the state of the PBM marketplace, the staff’s key findings, Commission statements surrounding the Report, and how this Report compares to earlier FTC market studies. Featuring: Rani Habash, Partner, Dechert Dan…

1
Litigation Update: US v. Apple 58:21

25d ago58:21

58:21

In March of this year, the U.S. Justice Department and 16 states filed a sweeping complaint against Apple alleging that it has monopolized and attempted to monopolize US markets for smartphones and “performance” smartphones. At issue is an array of current and past Apple policies and restrictions governing the way that third party applications acce…

1
Crypto, Data Centers, and Climate 31:22

18d ago31:22

31:22

In January 2024, the U.S. Energy Information Administration (EIA) initiated an “emergency collection” of information about the electricity consumption of leading cryptocurrency mining companies operating in the United States. EIA’s Administrator declared the agency’s intent to analyze and report on the energy implications of…

1
Litigation Update: Roman Catholic Diocese of Albany v. Vullo 59:03

15d ago59:03

59:03

In 2017, New York passed a law requiring employers to cover abortions in their health insurance plans. New York initially planned to exempt religious employers with sincere religious objections but later changed the exemption to protect only religious entities whose purpose is to inculcate religious values and who primarily employ and serve corelig…

1
Discussing Garland v. Cargill 1:01:15

26d ago1:01:15

1:01:15

Garland v. Cargill concerned 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 raised questions concerning the role of lenity, the applicability of the (then standing) Chevron Doctrine, and the nature of the Bureau of Alco…

1
2024 Annual Supreme Court Round Up 1:20:06

19d ago1:20:06

1:20:06

On Thursday, July 25, the Washington, D.C. Lawyers Chapter gathered for the annual Supreme Court Round Up discussing the 2023-2024 term. Featuring: Hon. Paul D. ClementPartner,Clement & Murphy PLLC Mayflower Hotel (Grand Ballroom)1127 Connecticut Ave NWWashington, D.C. 20036By The Federalist Society

1
The Law, Policy, and Politics of Rescheduling Cannabis 58:54

1M ago58:54

58:54

The legal status of cannabis has been a controversial issue ever since the Controlled Substances Act of 1970 (CSA) prohibited its distribution under federal law. That act classified cannabis as a Schedule I drug, a category for drugs that have no legitimate medical use and cannot be used safely even under medical supervision. Schedules II-V are for…

1
Courthouse Steps Decision: Ohio v. EPA 1:07:28

21d ago1:07:28

1:07:28

In October of 2015, the Environmental Protection Agency (EPA) announced new standards for air quality, some of which had to do with air pollution which is carried across state borders, from “upwind” states to “downwind” states. The EPA required these states to submit plans of implementation but then rejected 21 of those plans as insufficient, inste…

1
Litigation Update: Hile v. Michigan 58:49

21d ago58:49

58:49

Join us for a webinar featuring Manhattan Institute fellow Tim Rosenberger, who will delve into the landmark case of Hile v. Michigan. On November 6th, 2023, the Sixth Circuit upheld Michigan's Blaine Amendment, which bars public financial support for parochial and other nonpublic schools, raising significant questions about religious discriminatio…

1
What’s Happening with Apprenticeship? – Recent Regulatory and Subregulatory Actions 1:02:06

21d ago1:02:06

1:02:06

Apprenticeship has been a significant focus of the Biden administration, and previously the Trump administration, with each taking markedly different approaches. The Trump Administration expanded apprenticeship through regulations making programs easier to establish through industry-recognized apprenticeship programs. The Biden administration resci…

1
Courthouse Steps Decision: Starbucks Corp. v. McKinney 57:07

22d ago57:07

57:07

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 question before the Supreme Court, however, was not the Labor Law question of whether Starbucks violated the National Labor R…

1
Courthouse Steps Decision: SEC v. Jarkesy 40:18

28d ago40:18

40:18

On June 27, 2024, the U.S. Supreme Court issued their opinion in SEC v. Jarkesy. The following three questions were presented in this case – (1) Whether statutory provisions that empower the Securities and Exchange Commission (SEC) to initiate and adjudicate administrative enforcement proceedings seeking civil penalties violate the Seventh Amendmen…

1
Courthouse Steps Decision: Moyle v. United States 43:35

1M ago43:35

43:35

Following the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, the Biden administration filed a lawsuit in a federal district court in Idaho, arguing that the Emergency Medical Treatment and Labor Act (EMTALA) preempts a state law that restricts abortion in all but limited circumstances. The district court sided with …

1
Courthouse Steps Decision: NetChoice Cases 44:31

1M ago44:31

44:31

Two cases involving NetChoice, a company that represents social media giants like Facebook, Twitter, Google, and TikTok, were heard and decided by the Supreme Court this term. Both cases concern issues of free speech and social media platforms. In Moody v. NetChoice, LLC, NetChoice challenged Florida law S.B. 7072, arguing it violates the social me…

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

2M 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
Antitrust Law Down on the Farm: Farmers, Food Inflation, and a Fair Deal 1:01:57

2M ago1:01:57

1:01:57

The marked inflation of food pricing is apparent upon any trip to the grocery store. Can new regulations aimed at governing the relationship between farmers and the corporations to which they sell their livestock help bring food prices down while allowing farmers to earn more for their labor? The Biden Administration has issued four regulations tha…

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

2M 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

2M 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

2M 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

2M 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: United States v. Rahimi 1:00:17

2M 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
Litigation Update: AAER v. Fearless Fund 23:13

2M ago23:13

23:13

The Fearless Fund ran the “Strivers Grant Contest,” which awards $20,000 and other benefits “only to black females.” Last year, the American Alliance for Equal Rights sued Fearless, claiming its racially discriminatory contest violated 42 U.S.C. §1981, which prohibits private parties from discriminating on the basis of …

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

2M 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: FDA v. AHM 57:51

2M 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 legaliz…

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

2M 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

2M 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

2M 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

2M 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

2M 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

2M 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

2M 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

2M 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

3M 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
Taft Talks: Probate - Bremer Trust Decision 13:38

3M ago13:38

13:38

Send us a Text Message. In this episode, Bob McLeod talks about the Minnesota Supreme Court case related to the Otto Bremer Trust and whether a trustee could be removed from their office. For questions and comments, or to submit a topic for discussion on the podcast, please contact podcast@taftlaw.com. Additional information about Taft can be found…

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

3M 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 w…

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

3M 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

3M 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

3M 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

3M 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 Policy Unpacked: Achieving Change at the Federal Trade Commission 1:03:37

4M 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…

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