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PODCAST

U.S. Supreme Court 2018 Term Arguments

Oral arguments before the Supreme Court of the United States, presented by Oyez, a multimedia judicial archive at the IllinoisTech Chicago-Kent College of Law.

government & organizations national

All Episodes

54:51

Smith v. Berryhill

U.S. Supreme Court 2018 Term Arguments ·

2019/03/18

A case in which the Court held that the decision of the Appeals Council—the administrative body that hears a claimant’s appeal of an adverse decision of an administrative law judge regarding a disability benefit claim—to reject a disability claim on the ground that the claimant’s appeal was untimely is a “final decision” subject to judicial review under 42 U.S.C. § 405(g).

en

61:26

Virginia House of Delegates v. Bethune-Hill

U.S. Supreme Court 2018 Term Arguments ·

2019/03/18

A case in which the Court was asked to decide whether the district court in this case erred in finding that (1) race predominated over traditional districting factors in the construction of 11 districts, and (2) the Virginia House of Delegates did not satisfy its burden of showing the use of race was narrowly tailored to achieve the compelling state interest of compliance with Section 5 of the Voting Rights Act. The Court instead dismissed the appeal, holding that the House of Delegates lacked

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73:52

The American Legion v. American Humanist Association

U.S. Supreme Court 2018 Term Arguments ·

2019/02/27

A case in which the Court held that the display and maintenance of a large memorial cross by a local government does not violate the Establishment Clause of the First Amendment.

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60:00

Mont v. United States

U.S. Supreme Court 2018 Term Arguments ·

2019/02/26

A case in which the Court held that pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.

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56:11

United States v. Haymond

U.S. Supreme Court 2018 Term Arguments ·

2019/02/26

A case in which the Court vacated the Tenth Circuit’s decision holding that 18 U.S.C. § 3583(k), which imposes a mandatory minimum punishment on a criminal defendant upon a finding by a preponderance of the evidence that the defendant engaged in certain criminal conduct while under supervised release, violates the Fifth and Sixth Amendments.

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60:26

Manhattan Community Access Corp. v. Halleck

U.S. Supreme Court 2018 Term Arguments ·

2019/02/25

A case in which the Court held that Manhattan Community Access Corp, which operates public access channels, is not a state actor subject to constitutional liability.

en

62:55

Mission Product Holdings, Inc. v. Tempnology, LLC

U.S. Supreme Court 2018 Term Arguments ·

2019/02/20

A case in which the Court held that in bankruptcy proceedings, the debtor’s rejection of a license agreement has the same effect as breach of that contract outside the bankruptcy context and thus cannot rescind rights that the contract previously granted.

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60:55

Return Mail, Inc. v. United States Postal Service

U.S. Supreme Court 2018 Term Arguments ·

2019/02/19

A case in which the Court held that under the Leahy-Smith America Invents Act, the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings.

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63:34

Knick v. Township of Scott, Pennsylvania

U.S. Supreme Court 2018 Term Arguments ·

2019/01/16

A case in which the Court held that a government violates the Takings Clause when it takes property without compensation, and a property owner may bring a Fifth Amendment claim under 42 U.S.C. § 1983 at that time; the state-litigation requirement set forth in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), is overruled.

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51:04

Tennessee Wine and Spirits Retailers Association v....

U.S. Supreme Court 2018 Term Arguments ·

2019/01/16

A case in which the Court held that a state’s regulation of liquor sales by granting licenses only to individuals or entities that have resided in-state for a specified time violates the dormant Commerce Clause and is not saved by the Twenty-First Amendment.

en

55:23

Azar v. Allina Health Services

U.S. Supreme Court 2018 Term Arguments ·

2019/01/15

A case in which the Court vacated a policy change of the US Department of Health and Human Services for failing to provide notice and an opportunity to comment before implementing a rule changing its Medicare reimbursement formula.

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54:31

Home Depot U.S.A., Inc. v. Jackson

U.S. Supreme Court 2018 Term Arguments ·

2019/01/15

A case in which the Court held that neither the general removal statute, 28 U.S.C. § 1441, nor the Class Action Fairness Act (CAFA), 28 U.S.C. § 1453(b), permits removal to federal court by a third-party counterclaim defendant.

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59:44

Thacker v. Tennessee Valley Authority

U.S. Supreme Court 2018 Term Arguments ·

2019/01/14

A case in which the Court held that statute that waives the Tennessee Valley Authority’s sovereign immunity from suit by making it a “sue-and-be-sued” type entity is not subject to a discretionary function exception of the kind in the Federal Tort Claims Act but may be subject to an implied restriction as recognized in Federal Housing Authority v. Burr, 309 U.S. 242 (1940).

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60:53

Rimini Street, Inc. v. Oracle USA, Inc.

U.S. Supreme Court 2018 Term Arguments ·

2019/01/14

A case in which the Court held that the Copyright Act’s allowance for “full costs” to a prevailing party is limited to taxable costs and does not include costs not specifically described in the statute.

en

57:20

Franchise Tax Board of California v. Hyatt

U.S. Supreme Court 2018 Term Arguments ·

2019/01/09

A case in which the Court held that a state cannot be sued in the courts of another state without its consent, overruling Nevada v. Hall.

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61:25

Herrera v. Wyoming

U.S. Supreme Court 2018 Term Arguments ·

2019/01/08

A case in which the Court held that Wyoming’s admission to the Union did not abrogate the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” and the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.

en

61:18

Fourth Estate Public Benefit Corp. v. Wall-Street.com

U.S. Supreme Court 2018 Term Arguments ·

2019/01/08

A case in which the Court held that the “registration of [a] copyright claim has been made” within the meaning of 17 U.S.C. § 411(a) not when the copyright holder files its application, but only once the copyright office acts on that application.

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61:05

Obduskey v. McCarthy & Holthus LLP

U.S. Supreme Court 2018 Term Arguments ·

2019/01/07

A case in which the Court held that a business engaged in no more than non-judicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for one limited purpose as defined within the Act.

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63:19

Merck Sharp & Dohme Corp. v. Albrecht

U.S. Supreme Court 2018 Term Arguments ·

2019/01/07

A case in which the Court held that “clear evidence” that the FDA would not have approved a change to a drug’s label—thus pre-empting a state-law failure-to-warn claim—is evidence showing that the drug manufacturer fully informed the FDA of the justifications for the warning required by state law and that the FDA, in turn, informed the drug manufacturer that the FDA would not approve a change to the drug’s label to include that warning. The Court further held that the question of agency disapproval

en

79:29

Gamble v. United States

U.S. Supreme Court 2018 Term Arguments ·

2018/12/06

A case in which the Court upheld its “separate sovereigns” exception to the Double Jeopardy Clause.

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