The Citizen's Guide to the Supreme Court

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The Seventh Circuit Has Gone Rogue Nov 08, 2015

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The Supreme Court's review of Duncan v. Owens is a great example of a easy-sounding case that may have long lasting effects on how the Court views criminal law. Brett and Nazim talk about why the 7th Circuit granted habeas corpus seemingly out of no where and why this case could be a martyr for broader change.

Everyting You Need to Know about Class Actions Nov 01, 2015

Show notes

In a vacuum, the issue in Campbell-Ewald v. Gomez, which is whether or not a plaintiff can pursue a lawsuit after the defendant has fully settled the claim, sounds ridiculous. Although this seems like a straight forward answer, the added element of class action makes this case a rich topic for this week's episode, where Brett and Nazim discuss how to file a class action, why class actions exist, and what you should do with the class action notices you get in the mail.

When Can the Government Infringe on Free Speech Oct 25, 2015

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Free Speech is a many-faceted concept that usually results in the Supreme Court making impractical decisions on seemingly arbitrary law. This week, Brett and Nazim discuss the case of Heffernan v. City of Patterson, which talks about whether the Government can discipline you at work when they think you are engaged in free speech, but you argue that you are not. That is, until lawyers get involved, and then argue that you are engaged in free speech and the government argues that you are not.

The Many Exceptions to the 4th Amendment Oct 18, 2015

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This week's podcast covers police searches under the 4th Amendment in two different regards. First, Brett and Nazim take a closer look at dog sniff searches and the 4th Amendment, and specifically whether dog sniffs are a flawed practice and what could be done if they are. Then the case of Utah v. Strieff is covered, where the Court decides whether or not an officer who makes an illegal search is excused when the defendant had an arrest warrant and therefore could have been searched had the officer known about it, which could open the door for the bizarro "bad faith exception".

How Does Criminal Law Punish Defendants? Oct 11, 2015

Show notes

This week's episode about the criminal elements needed to convict someone is the converse to last week's episode about Constitutional elements that protect criminal defendants. In addition to talking about how criminal law works at a fundamental level, Brett and Nazim also cover inchoate crimes, why learning about criminal law is boring, why How to Get Away With Murder on ABC sucks, Ocasio v. U.S., how Madden gets harder as you get older, Lockhart v. US, and habitual offender statutes.

Why Do We Give Constitutional Rights to Criminal Defendants? Oct 04, 2015

Show notes

This week's episode is in response to an email we received in response to the "When Can Police Search Your Car Episode", which addressed reasons why giving police too much discretion to invade privacy has practical consequences. Going off that point, Brett and Nazim explain why the criminal justice system has significant punishments against the State when a person's Constitutional rights are violated, and use the cases of Arizona v. Youngblood, a current case before the Supreme Court Luis v. U.S., and a recent incident with the Delaware crime lab to show how the law forces the Court to decide between letting guilty people go free to protect against imprisoning innocent people.

The Present and Future of Abortion Cases Sep 27, 2015

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This week ends the three-part discussion on abortion and the Supreme Court, discussing cases that have shaped the Court's undue burden test that evaluates State laws that attempt to regulate or embolden a woman's right to choose. Brett and Nazim also discuss two cases which will likely go before the Supreme Court this term, which deal with a continuation of the Hobby Lobby decision and heightened regulations for clinics performing abortion services.

The Scope of Roe v. Wade Sep 20, 2015

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This week's podcast attempts the inenviable task of discussing Roe v. Wade without upsetting anybody. This week covers Roe, Webster v. Planning Services, and Planned Parenthood v. Casey to outline what rights we have under the Constitution following the cases and under what grounds the Supreme Court tied abortion in to the Constituion. If that all seems to dark for you, we also propose a Supreme Court fantasy league for the upcoming term and Nazim explains why he likes people posting pictures of food on social media.

What is Substantive Due Process Exactly?? Sep 13, 2015

Show notes

Your boys are back and discussing the wild world of substantive due process. After recounting their short break and sharing what vegetables they learned were gross in the last two weeks, Brett and Nazim begin a three-part discussion on substantive due process, abortion, and Roe v. Wade. This week covers the background of the right to privacy we have in the Constitution, even though those words are not actually written anywhere.

Season Finale: Cases Not Selected and Superlatives Aug 23, 2015

Show notes

In the season finale of the 2014/15 term, Brett and Nazim discuss the cases that were not selected for the 2015/16 term and also go over some superlatives from the last year. To tide everyone over for the two week break, Brett and Nazim also discuss dinosaurs, tattoos, rap icons, LOST, and being old.

The Citizens Guide to the Supreme Court will be back on September 13, 2015.

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