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- 15. Nov. 2019letzte Folge
Audio Arguendo provides unedited recordings of oral arguments from the Supreme Court and interesting cases from around the globe. If you have a case that you think we should broadcast, just send us a message on X (@AudioArguendo) or Bluesky (@audioarguendo.bsky.social) with the name of the case, a short description of the issue, and a link to where the audio can be found. We assert no claim of copyright over any of the recordings and have posted them in podcast form to make them more widely and conveniently available.
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U.S. Supreme Court Comcast v. Nat. Assn. of African American-Owned Media, Case No. 18-1171
Civil Rights: Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation? - Argued November 13, 2019
U.S. Supreme Court Hernandez v. Mesa, Case No. 17-1678
Civil Rights: When a Border Patrol Agent shoots and kills an unarmed minor across the border, does Bivens provide a remedy? - Argued November 12, 2019
U.S. Supreme Court DHS v. University of California, Case No. 18-587
Immigration: Did the Trump Administration unlawfully repeal the DACA Dreamers Program? - Argued November 12, 2019
USCA, Ninth Circuit Sierra Club v. Trump, Case No. 19-16102
Separation of Powers: May the President divert $2.5 billion in appropriated defense funds to construct a wall on the U.S.-Mexico border? - Argued November 12, 2019
USCA, D.C. Circuit In re Hawsawi, Case No. 19-1100
Criminal Procedure: Does a military judge's prior service in the Justice Department's National Security Division raise an appearance of bias, when assigned to preside over the September 11th military commission trial in Guantanamo? - Argued
USCA, Ninth Circuit Merritt v. Padilla, Case No. 18-55457
Election Law: Does a political candidate have a First Amendment right to self-identify their title as 'Independent' in a State published voter guide? - Argued November 7, 2019
U.S. Supreme Court Retirement Plans Comm. of IBM v. Jander, Case No. 18-1165
Labor: Is a claim for breach of fiduciary duty under ERISA properly pled where the harm is based upon the inevitable disclosure of an alleged fraud that generally increases over time? - Argued November 6, 2019
U.S. Supreme Court County of Maui, HI v. Hawaii Wildlife Fund, Case No. 18-260
Environmental Law: Does the Clean Water Act require a permit for pollutants that originate from a point source but are conveyed to navigable waters by groundwater? - Argued November 6, 2019
U.S. Supreme Court Allen v. Cooper, Case No. 18-877
Federalism: May Congress abrogate state sovereign immunity by providing remedies for authors of original expression whose federal copyrights are infringed by States? - Argued November 5, 2019
U.S. Supreme Court CITGO Asphalt Refining v. Frescati Shipping, Case No. 18-565
Law of the Sea: Under maritime law, is a safe berth clause in a voyage charter contract a guarantee of a ship's safety or a duty of due diligence? - Argued November 5, 2019
U.S. Supreme Court Kansas v. Glover, Case No. 18-556
Fourth Amendment: For purposes of an investigative stop, is it reasonable for an officer to suspect that the registered owner of a vehicle is the one driving the vehicle? - Argued November 4, 2019
U.S. Supreme Court Barton v. Barr, Case No. 18-725
Immigration: Can a lawfully admitted permanent resident who is not seeking admission to the United States be 'render[ed] ... inadmissible' for the purposes of the stop-time rule? - Argued November 4, 2019
USCA, Federal Circuit Bozeman Financial v. Federal Reserve Bank of Atlanta, Case No. 19-1018
Separation of Powers: Does the Federal Reserve banks' independent status allow them to challenge patents before the PTAB? - Argued November 6, 2019
New Mexico Supreme Court New Mexico v. Yepez, Case No. S-1-SC-37216
Criminal Procedure: May a defendant ask a jury for leniency because he has a genetic predisposition for violence, or a so-called 'Warrior Gene'? - Argued November 4, 2019
USCA, Ninth Circuit United States v. Arpaio, Case No. 17-10448
Separation of Powers: Does a Presidential pardon vacate a conviction for criminal contempt? - Argued October 23, 2019
Indiana Supreme Court Cavanaugh's Sports Bar & Eatery v. Porterfield, Case No. 18A-CT-01814
Torts: Is a bar liable for injuries its patrons suffer after getting into fights outside? - Argued October 22, 2019
USCA, Sixth Circuit Gary B. v. Whitmer, Case No. 18-1855
Civil Rights: Does the Fourteenth Amendment guarantee children the right to an education? - Argued October 24, 2019
USCA, Second Circuit Trump v. Vance, Case No. 19-3204
Federalism: May State prosecutors subject the President to criminal process? - Argued October 23, 2019
USCA, Ninth Circuit Yolany Padilla v. ICE, Case No. 19-35565
Immigration: May a district court order the government to conduct bond hearings for asylum applicants? - Argued October 22, 2019
USCA, D.C. Circuit MA Lobstermen's Association v. Ross, Case No. 18-5353
Environmental Law: May the President designate parts of the ocean national monuments? - Argued October 22, 2019
USCA, D.C. Circuit Maloney v. Murphy, Case No. 18-5305
Separation of Powers: May individual members of the House Oversight Committee go to court to gain access to documents on President Donald Trump’s D.C. hotel? - Argued October 22, 2019
U.S. Supreme Court Mathena v. Malvo, Case No. 18-217
Criminal Procedure: Is a sentence of life without parole, when imposed as an alternative to a death sentence, a mandatory sentence for a juvenile seeking relief under the Eighth Amendment? - Argued October 16, 2019
U.S. Supreme Court Rotkiske v. Klemm, Case No. 18-328
Civil Procedure: Does the discovery rule toll the one (1) year statute of limitations under the Fair Debt Collection Practices Act? - Argued October 16, 2019
U.S. Supreme Court Kansas v. Garcia, Case No. 17-834
Federalism: Does federal immigration law preempt state laws that criminalize using false immigration information on employment forms? - Argued October 16, 2019
U.S. Supreme Court Financial Oversight Bd. v. Aurelius Investment, Case No. 18-1334
Separation of Powers: Does the Appointments Clause govern the appointment of members of the Financial Oversight and Management Board for Puerto Rico? - Argued October 15, 2019
USCA, Second Circuit Rukoro v. Germany, Case No. 19-609
International Law: Must Germany compensate indigenous Africans, whose ancestors were murdered and whose bones Germany later sold to the Natural History Museum in the early twentieth century? - Argued October 17, 2019
USCA, Ninth Circuit Hall v. Swift, Case No. 18-55426
Intellectual Property: May a judge determine whether a work is creative as a matter of law? - Argued October 15, 2019
USCA, D.C. Circuit Gresham v. Azar, Case No. 19-5094
Administrative Law: Was it lawful for the Trump Administration to impose a work requirement on the receipt of Medicaid benefits? - Argued October 11, 2019
U.S. Supreme Court R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, Case No. 18-107
Civil Rights: Is discrimination against transgender employees discrimination on the basis of sex under Title VII? - Argued October 8, 2019
U.S. Supreme Court Bostock v. Clayton County, Case No. 17-1618
Civil Rights: Is discrimination against an employee because of sexual orientation discrimination on the basis of sex under Title VII? - Argued October 8, 2019
