Category: Episodes

Episode 017: Interview with Max Folkenflik — Epic Systems v. Lewis

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Welcome back to Counting to 5, a podcast about the United States Supreme Court.

In this episode, I talk with Max Folkenflik, the managing partner of Folkenflik & McGerity, who represents the employees in Ernst & Young LLP v. Morris, one of three employee arbitration agreement cases consolidated for argument before the Supreme Court on October 2nd.

Show Notes

Counting to 5 Livestream – October Week 1 Preview:

On Friday, September 29th, at 11:00 am Eastern Time, Counting to 5 will be streaming live on Youtube.  We’ll be discussing each of the cases set for oral argument in the first week of the Court’s new term, previewing some of the most anticipated cases coming later this term, and answering viewer questions submitted via Youtube Live Chat.

Please join us!

Max Folkenflik:

Consolidated arbitration cases:

Counting to 5:

Episode 016: 2017 Term Preview, Part 3 — Arbitration

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Welcome back to Counting to 5, a podcast about the United States Supreme Court.

In this episode, we continue our preview of the upcoming October 2017 Supreme Court term, looking at a case on the Court’s docket about arbitration agreements.

Show Notes

Counting to 5 Livestream – October Week 1 Preview:

On Friday, September 29th, at 11:00 am Eastern Time, Counting to 5 will be streaming live on Youtube.  We’ll be discussing each of the cases set for oral argument in the first week of the Court’s new term, previewing some of the most-anticipated cases coming later this term, and answering viewer questions submitted via Youtube Live Chat.

Please join us!

Consolidated arbitration cases:

Counting to 5:

Episode 015: Interview with Ahilan Arulanantham — Jennings v. Rodriguez

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Welcome back to Counting to 5, a podcast about the United States Supreme Court.

In this episode, I talk with Ahilan Arulanantham of the ACLU of Southern California about Jennings v. Rodriguez.  Arulanantham represents the respondent Alejandro Rodriguez and a class of similarly situated noncitizen detainees, and he will be arguing before the Supreme Court on October 3rd.

Show Notes

Ahilan Arulanantham:

Jennings v. Rodriguez:

U.S. Citizens in Deportation Proceedings:

Counting to 5:

Episode 014: 2017 Term Preview, Part 2 — Immigration

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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we continue our preview of the upcoming October 2017 Supreme Court term, looking at three immigration-related cases on the Court’s docket.

Show Notes

Travel ban litigation:

Sessions v. Dimaya:

Jennings v. Rodriguez:

Counting to 5:

Episode 013: 2017 Term Preview, Part 1 — Overview

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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this episode, we take a big picture look at how the upcoming October 2017 Supreme Court term is shaping up.

Show Notes

October Term 2017:

Counting to 5:

Episode 012: Interview with Gabe Roth of Fix the Court

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Welcome back to Counting to 5, a podcast about the United States Supreme Court. In this Episode, I talk with Gabe Roth, the executive director of Fix the Court, an organization that advocates for various reforms to the way the Supreme Court operates.  We spoke about Fix the Court and its recent proposal to impose term limits on the Supreme Court.

Show Notes

Fix the Court:

Counting to 5:

Episode 011: Matal v. Tam, Part II

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Welcome back to Counting to 5, a podcast about the United States Supreme Court. This Episode is the second part of a two part look at the Court’s unanimous June 19th decision in Matal v. Tam, formerly known as Lee v. Tam, the case about the Asian-American rock band The Slants and their battle with the PTO to trademark their band name.

In Part I, we looked at Simon Tam’s path to the Supreme Court, and explored how this case fits into broader cultural conversations about offensive speech.  In this episode, we examine the legal arguments in the case and the Supreme Court’s decision.

Show Notes

Matal v. Tam case documents

Effects of ruling

Counting to 5:

Episode 010: Matal v. Tam, Part I

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Welcome back to Counting to 5, a podcast about the United States Supreme Court. This Episode is the first part of a two part look at the Court’s unanimous June 19th decision in Matal v. Tam, formerly known as Lee v. Tam, the case about the Asian-American rock band The Slants and their battle with the PTO to trademark their band name.

Show Notes

Matal v. Tam

Counting to 5:

Episode 009: Gorsuch’s Debut Opinion

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Welcome back to Counting to 5, a podcast about the United States Supreme Court.  In this episode, I analyze the Court’s unanimous June 12th decision in Henson v. Santander Consumer USA, Inc., the first opinion written by the newest Justice, Neil Gorsuch.

Show Notes

Henson v. Santander Consumer USA, Inc.

Statutory Interpretation Resources:

Counting to 5:

Episode 008: Cooper v. Harris

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Welcome back to Counting to 5, a podcast about the United States Supreme Court.  In this episode, I talk about Cooper v. Harris, a case about the redrawing of two congressional districts in North Carolina following the 2010 census.

Show Notes

Cooper v. Harris

Counting to 5: