1:08:55 | Nov 19th, 2018
The First Mondays national tour continues! This week we’re live at Duke Law School. With professors Marin Levy and Steve Sachs, we take a deep dive into Nutraceutical Corp. v. Lambert, a case that arises from some particularly spicy factual allegatio...Show More
1:30:21 | Oct 15th, 2018
We're back to a nine-member Court, and we're here to recap arguments from the past week. Since Will is filling in as recurring guest host, we also take a look at the so-called "shadow docket." Plus, are the justices getting along?
1:20:02 | Oct 1st, 2018
The first Monday of October Term 2018 is upon us, which means it's time for the kick-off of our third season. Live from Washington University in St. Louis, we bring you previews of the week's arguments. The cases involve a range of issues, from the F...Show More
1:11:43 | Sep 24th, 2018
We're kicking off our third season with a live show at William & Mary! Professor James Stern joins us as we take the birds-eye view of OT2018. This year will bring cases about excessive fines, the death penalty, and just about everything in between.
50:36 | Sep 3rd, 2018
Just in time for the Kavanaugh confirmation circus, we have a lively interview with David Kaplan about his new book, "The Most Dangerous Branch: Inside the Supreme Court's Assault on the Constitution."
1:24:52 | Aug 20th, 2018
We're launching a new series aimed at helping law students survive the best/worst three years of their lives. In this episode, we'll talk about study groups, thinking like your professor, and the best food-related way to make it through an exam.
50:00 | Jul 6th, 2018
We like to think that the Supreme Court is non-political in its decision-making, but the numbers say otherwise. Lee Epstein joins us to explain how data can illustrate where a Supreme Court nominee falls on the ideological scale.
58:51 | Jul 2nd, 2018
OT2017 came to a close last week, but not before dropping quite a few bombshells. We'll discuss what the Supreme Court decided in matters relating to crisis pregnancy centers and free speech, public sector union dues, and President Trump's travel ban...Show More
1:46:38 | Jun 25th, 2018
We take a running start and try to get through as many opinions as we can. We discuss gerrymandering, online sales tax, cell phone records, and we interview the man, the myth, the legend-- two-time Supreme Court winner Fane Lozman.
53:23 | Jun 18th, 2018
Live from New York, it's First Mondays! First, we discuss what #KaganStyle looks like. We'll also talk about why registering to vote shouldn't be so difficult, how to keep things chill at the polls, and which version of the dictionary is the best ver...Show More
1:06:29 | May 28th, 2018
Leah joins Dan to talk about two new opinions, both written by Justice Gorsuch: Epic Systems Corp v. Lewis and Upper Skagit Indian Tribe v. Lundgren. We'll also recap some new grants for OT2018 and answer a few hotline calls.
1:15:03 | May 21st, 2018
It's opinion season at the Supreme Court, and we have five decisions to go through. From sports betting, to rental cars, to shackling criminal defendants, we'll break them down so you're fully informed for your next trip to the office water cooler.
1:26:27 | Apr 30th, 2018
We recap the oral arguments in the travel ban case, Trump v. Hawaii, as well as the fascinating separation of powers dispute, Lucia v. SEC. We also look at Jesner v. Arab Bank, one of the biggest opinions the Court released has released so far this T...Show More
1:17:59 | Apr 16th, 2018
Get ready for the final arguments of OT2017 with a preview of South Dakota v. Wayfair. Plus, with the help of a hotline call, we'll talk about what happens when 7 out of 9 justices might need to recuse themselves from a case.
1:09:58 | Apr 2nd, 2018
The March sitting goes out like a lamb... if a lamb symbolizes a 9-0 opinion written by Chief Justice Roberts. But first, we're going in like a lion and naming names in the War on Arbitration-- those Biglaw firms that require arbitration agreements.
1:13:46 | Mar 26th, 2018
Live from Yale Law School, it's First Mondays! We're joined by Linda Greenhouse to discuss the orders docket, recent opinions, last week's argument in NIFLA v. Becerra, and previews of this week's cases. Plus, we'll talk with Linda about some of her ...Show More
1:37:01 | Mar 19th, 2018
Leah Litman returns to the co-host chair to join Ian for a look ahead at the March sitting. There's also some SCOTUS trivia, birthday celebrations, overviews of granted cert petitions, and reliance on Melody's "bleep" file.
1:33:57 | Mar 12th, 2018
The Supreme Court has churned out some grants and opinions in the past few weeks, and at least a few of them are interesting. We'll talk about everything from the death penalty to bankruptcy. In-house expert Danielle D'Onfro joins us for the latter.
1:07:00 | Feb 26th, 2018
We're switching it up and spending the whole episode on one case: United States v. Microsoft Corp. You know about storing stuff on the Cloud-- but what does it mean for your privacy when the cloud is technically located in another country?
1:37:23 | Feb 19th, 2018
The Supreme Court's long break is over and we're here to preview some of the most interesting cases from the February sitting, including Janus v. AFSCME, Lozman v. City of Riviera Beach, Currier v. Virginia, and Ohio v. American Express.
1:33:50 | Jan 15th, 2018
We're in the middle of a jam-packed January sitting. To catch you up, we recap the argument in Husted, a case about voter rolls. We'll also talk about two death penalty cases-- one which requires summoning our trusty Habeas Wizard, Leah Litman.
1:16:08 | Jan 8th, 2018
SCOTUS wakes up from its long winter's nap and gives us some cases to talk about. After some news and updates, we'll preview Car Day-- two cases involved vehicle searches, the Fourth Amendment, and Official First Mondays Predictions.
49:12 | Dec 15th, 2017
For the holidays, we sat down with wine expert (and Lecturer in Italian Studies at Berkeley) Dr. Danielle Callegari, for a discussion about the history of wine in America and the effects of the Court’s decision in Granholm v. Heald on the wine busine...Show More
1:24:49 | Dec 11th, 2017
It’s an action-packed episode worthy of an action-packed sitting of the Court! We'll recap the oral arguments in Masterpiece Cakeshop. We'll also talk with NPR's Nina Totenberg, who tells us what she noticed in the courtroom these past two weeks.
1:16:29 | Dec 4th, 2017
Is cake speech? It’s time to find out. This week, we preview Masterpiece Cakeshop, in which the Court will decide whether a baker may be compelled to make a cake for a same-sex wedding. Plus, a recap of Carpenter, the warrantless-location-tracking ca...Show More
1:12:31 | Nov 13th, 2017
We wrap up the November sitting with argument recaps, the first opinions of the term, and a very unusual certiorari petition that the Department of Justice filed in a hot-button case that involves both abortion and undocumented immigrants.
1:12:49 | Nov 6th, 2017
We recap arguments in Wilson v. Sellers and Artis v. District of Columbia, and then we preview this week’s argument in Patchak v. Zinke, and debate why the Court cares about the separation-of-powers issue in the case. And, Leah gets a promotion.
1:14:47 | Oct 30th, 2017
For our first-ever live show, we traveled to the University of Michigan—go Blue—and are joined by alumna Leah Litman. Before we ring in the November sitting, we discuss the important stuff: expensive sandwiches, factual errors, and the travel ban.
1:23:05 | Oct 16th, 2017
The first sitting of OT17 has come to a close, and Nina Totenberg joins us again to discuss the term so far. We've got recaps of Jesner v. Arab Bank and Hamer v. Neighborhood Housing Services of Chicago, and a quick look at the December argument cale...Show More
1:39:20 | Oct 9th, 2017
We made it through the first week of the term, and not without some bumps along the way. (Looking at you, new transcription company.) Misha Tseytlin, Solicitor General of Wisconsin, joins us to recap his argument in Gill v. Whitford, the partisan ger...Show More
1:19:19 | Oct 2nd, 2017
It's the first Monday of the Supreme Court's October Term 2017, and the first episode of the second season of First Mondays. We'll catch up on SCOTUS news, sift through the grants that came out of the long conference, and preview some of the cases to...Show More
1:05:35 | Sep 11th, 2017
The Supreme Court did juuuust enough to warrant us stepping back into Historic First Mondays Studios. We’ll talk about the recently released November argument calendar, the latest in the travel ban, and whether or not Justice Gorsuch should give a sp...Show More
02:04 | Aug 28th, 2017
We’re still about a month away from the kick-off of OT2017, and the Court has been pretty quiet. But we’ve been hard at working making some bonus episodes for our Patreon subscribers. First, we talked a little longer to John Elwood, who you heard a c...Show More
1:09:29 | Aug 14th, 2017
While Ian is off on a boat somewhere, or maybe in the wilderness of Croatia (we're not super sure), Dan and Leah get up to speed on a surprisingly busy summer week at the Supreme Court. In additions to some briefs showing up, one case got the DIG tre...Show More
1:08:45 | Aug 7th, 2017
To celebrate our new partnership with SCOTUSblog, we're unlocking one of our favorite bonus episodes for everyone to enjoy. It's an interview with Lisa Blatt of Arnold & Porter Kaye Scholer. With a record of 33-2, she's one of the winningest Supreme...Show More
1:12:04 | Jul 31st, 2017
The Supreme Court maybe now be in recess for the summer, but there's still stuff going on. In our universe, we're pumped for a new partnership with everyone's favorite Supreme Court website, SCOTUSblog. Not to be confused with the Supreme Court's act...Show More
1:33:23 | Jul 17th, 2017
To kick off our summer schedule, we're pleased to rebroadcast the episode of Oral Argument we appeared on, which originally aired May 6th, 2017. We joined Christian Turner and Joe Miller to talk about physics conundrums, the politics of Supreme Court...Show More
1:57:48 | Jul 10th, 2017
It’s the finale of our first season! To celebrate all that was OT2016, and to look to the year ahead, we went to the queen of SCOTUS radio herself: Nina Totenberg. We also dish out superlatives— best dig at an advocate, best quip in an argument, wors...Show More
2:03:21 | Jul 3rd, 2017
We couldn't possibly keep it short for the last recap episode of OT2016. We all know the last week of the term means all the blockbuster opinions get announced, and we're here to help you make sense of them. And for Trinity Lutheran and the travel ba...Show More
1:42:05 | Jun 26th, 2017
It’s the penultimate recap for the term, wherein the justices hath bestowed upon us twelve (12) new opinions in one week. Time for a lengthy—but spirited—Opin-o-rama! We pick out a few of our favorites to go in depth, and then we institute Lightning ...Show More
1:28:21 | Jun 19th, 2017
With just a couple of weeks to go, we're racing toward the OT2016 finish line. Plenty of blunders, orders, and opinions to address-- including Justice Gorsuch's first opinion. Plus, we'll discuss one of the biggest cases of the year that has, in our ...Show More
1:09:34 | Jun 12th, 2017
We hash out another week of SCOTUS news, this time with guest host Leah Litman. Yes, we recap orders and opinions, but more importantly, we finally solve a weeks-long First Monday mystery: who began the clerks' happy hour tradition? And don't stop li...Show More
1:31:21 | May 29th, 2017
After a brief break for a trip to Vegas, we're back with a jackpot of opinions to recap. Yep, we break down each of the six opinions that have been released in the last couple of weeks. We've got everything from gerrymandering to patents to arbitrati...Show More
00:50 | May 15th, 2017
If you need your First Mondays fix, there's a new bonus episode for Patreon subscribers! We talk all things cert pool, and (spoiler alert) Dan and Ian really disagree. Subscribe at patreon.com/firstmondays.
49:57 | May 8th, 2017
As we ease into the argument-free season of the term, we recap some grants, take a look at the opinion in Bank of American Corp. v. Miami, and relish a great hotline call full of 90s clerking gossip. And speaking of gossip, what's the deal with Justi...Show More
1:05:21 | Apr 24th, 2017
It was a pretty big week at the Supreme Court. First, we talk about what the heck is going with expiring execution drugs in Arkansas, and how that plays out within SCOTUS chambers. Then, for the first time since the beginning of this podcast, we had ...Show More
1:12:16 | Apr 17th, 2017
It's the beginning of the end of OT2016— the first week of the last sitting of the year. We're coming at you with two big previews. First, what do old tires and religious expression have to do with each other? Oh, only the biggest case of the year, p...Show More
03:55 | Apr 10th, 2017
We've been cranking out some awesome interview shows for our Patreon subscribers. And if you're not one of them, well, you're missing out. Here are snippets from the two latest bonus episodes, one with Rakesh Kilaru, former associate counsel to Presi...Show More
1:23:10 | Apr 3rd, 2017
In our fourth episode of tracking Judge Neil Gorsuch’s nomination to the Supreme Court, we get into the greatest hits of his confirmation hearings. How do you pronounce his name? Does the "frozen trucker case" invoke the absurdity doctrine? Which Dem...Show More
1:35:46 | Mar 27th, 2017
This week it’s First Mondays XL, with more Supreme Court content than you can shake a gavel at. First off, we respond to a bunch of listener feedback about stuff we got wrong, stuff we got right, and stuff no one can quite figure out. (Here’s looking...Show More
1:07:59 | Mar 20th, 2017
We took a week off, and we're making it up to you with an episode chock full of Supreme Court goodness. We've got orders! Opinions! Dissents! Concurrences in denial! The question of whether or not Justice Breyer has become a death penalty abolitionis...Show More
1:16:34 | Mar 6th, 2017
We’ve got a jam-packed episode to wrap up the Supreme Court’s February sitting. As we analyze Hernandez v. Mesa, it becomes clear that we have another #BadLawyerGate situation on our hands. Guess which justice (figuratively) rips up that attorney’s a...Show More
1:28:27 | Feb 27th, 2017
This week we try to get to the bottom of a dissent to denial from Justice Sotomayor. (Two words: firing squad.) We also talk to immigration attorney Andrea Sáenz about the upcoming case, Esquivel-Quintana v. Sessions, and Leah teaches us the key diff...Show More
01:34 | Feb 22nd, 2017
Hear an excerpt of our interview with powerhouse Supreme Court advocate Lisa Blatt. She has argued in front of the Court 34 times and has only lost twice. After Dan and Ian started a Twitter fight about first-time Supreme Court advocates, we wanted t...Show More
54:44 | Feb 20th, 2017
After a long break, the Supreme Court is back in session, and we resume our regularly schedule programming. We analyze the March and April argument calendars (you'll never believe which case finally got scheduled), and we take a deep dive into this w...Show More
46:05 | Feb 13th, 2017
In this second episode of the Good Behaviour miniseries, Dan and Ian continue to chronicle the nomination of Judge Neil Gorsuch to the Supreme Court. What is it with Judge Gorsuch and his yearbooks? How much cash did he have on hand in 2006? And will...Show More
47:13 | Feb 1st, 2017
We debut a brand new series, "Good Behaviour," to track the confirmation process of Judge Neil Gorsuch, who President Trump just nominated to fill Justice Scalia's vacant seat. For an insider's perspective, Dan and Ian talk to Jason Murray, who clerk...Show More
1:14:43 | Jan 23rd, 2017
This week, Dan and Ian have a conversation with Adam Liptak, the Supreme Court correspondent for the New York Times. During argument recaps, you'll learn the circumstances under which you should rethink all the choices that led you to argue in front ...Show More
1:00:25 | Jan 16th, 2017
Last week, the Supreme Court heard its first arguments of 2017, and Dan & Ian have the recaps. And as we gear up for arguments in crimmigration case Dimaya v. Lynch, First Mondays welcomes attorney Brian Goldman. It's the first time we've hosted a me...Show More
1:02:21 | Jan 9th, 2017
The Supreme Court is (finally) back in session, and Dan and Ian are ready with previews of Expressions Hair Design v. Schneiderman, and Nelson v. Colorado. They'll also talk to Gabe Roth of Fix the Court about Chief Justice Robert's recent controvers...Show More
25:37 | Dec 30th, 2016
In this holiday bonus episode of First Mondays, we introduce our new producer, Melody Rowell. We also break down the Court's new grants, the release of the February calendar, and the supplemental briefing order in Jennings.
59:59 | Dec 26th, 2016
How does the Supreme Court actually work? How does the Court decide what cases to hear? How do you pronounce "certiorari?" What's the difference between a relist and a reschedule? Why are some briefs grey?
1:29:40 | Nov 7th, 2016
Justice Breyer's got theories about fashion, and the First Mondays team is on it. This week, we begin with the special meeting of the Supreme Court's bar to honor Justice Scalia, and the Chief Justice's courtesy vote to stay an execution. We also dis...Show More
1:04:48 | Oct 31st, 2016
The November sitting has begun! This week, we begin with Judge Posner's low opinion of the Supreme Court, and the new grants concerning gender identity, free speech for sex offenders, and the consequences of California's statutory-rape law for immigr...Show More