Appellate Litigation

Is the Administrative State Too Big to Fail?: MetLife v. Financial Stability Oversight Council - Podcast

Financial Services & E-Commerce Practice Group Podcast
Peter J. Wallison April 26, 2016

On March 30, Federal district court Judge Rosemary Collyer struck down the Financial Stability Oversight Council’s designation of MetLife as a systemically important financial institution. MetLife v. Financial Stability Oversight Council has readily apparent implications for financial regulation, and many commentators have suggested that it may even have far-reaching effects on the future of the larger administrative state. Our expert discussed the opinion, its outlook on appeal, and its possible impact.


  • Hon. Peter J. Wallison, Arthur F. Burns Fellow in Financial Policy Studies, American Enterprise Institute

Take Care on Immigration: United States v. Texas - Podcast

Federalism & Separation of Powers Practice Group Podcast
Josh Blackman April 18, 2016

On Monday, April 18, the United States Supreme Court heard oral arguments in United States v. Texas, which will examine the constitutionality of the President's executive actions on immigration. In addition to complex questions about standing and administrative law, the Court has added a Take Care Clause question to the argument. Our expert attended the oral arguments and offered a summary as well as his analysis.


  • Prof. Josh Blackman, Assistant Professor of Law, South Texas College of Law

Intellectual Property in the Supreme Court - Podcast

Litigation and Intellectual Property Practice Groups Podcast
Garrard R. Beeney, Matthew S. Hellman, Dennis D. Crouch April 11, 2016

Continuing the trend of recent years, this Term the Supreme Court is hearing a number of cases that will determine important intellectual property rights. Our experts discussed the pending cases, and what they might mean for IP rights and the economy going forward. On broader issues, is either court more consistently in favor of strong property rights protection? Is there an explanation for the perceived IP rights dissonance between the Supreme Court and the Court of Appeals for the Federal Circuit? As the Supreme Court’s overall docket continues to shrink, what explains the Court’s steadily high number of intellectual property cases?


  • Garrard R. Beeney, Partner, Sullivan & Cromwell LLP
  • Matthew S. Hellman, Partner, Jenner & Block
  • Moderator: Prof. Dennis D. Crouch, Co-Director, Center for Intellectual Property & Entrepreneurship, Associate Professor of Law, University of Missouri School of Law

“One Person, One Vote”?: Supreme Court Decides Evenwel v. Abbott - Podcast

Civil Rights Practice Group Podcast
Andrew Grossman April 04, 2016

In an 8-0 judgement announced on April 4, 2016, the U.S. Supreme Court held that it is permissible, but not mandatory, to draw legislative districts based on total population rather than on voting population. Our expert discussed Justice Ginsburg’s opinion, as well as the concurrences of Justices Thomas and Alito.


  • Andrew Grossman, Partner, Baker & Hostetler LLP, and Adjunct Scholar, Cato Institute

WOTUS comes to SCOTUS: Oral Arguments heard in U.S. Army Corps of Engineers v. Hawkes Company - Podcast

Environmental Law & Property Rights Practice Group Podcast
Mark Miller March 31, 2016

Can the Feds keep the courthouse doors closed to you when they have effectively frozen your property? That is the question the Supreme Court of the United States considered on March 30th, when the Solicitor General, representing the U.S. Army Corps of Engineers, and Pacific Legal Foundation, representing Hawkes Company, squared off regarding the Corps’ decision that Hawkes Company could not use its property for peat farming without first spending hundreds of thousands of dollars in pursuit of a federal wetlands permit under the Environmental Protection Agency’s “Waters of the United States” (WOTUS) rule. Pacific Legal Foundation argues that its client should be allowed to challenge that decision, called a Jurisdictional Determination, in court; the Corps disagrees. What will the justices say? The co-counsel for the Hawkes Company who appeared before the Supreme Court discussed the case, how the oral argument went, and what we might expect to see in the Court's decision.


  • Mark Miller, Managing Attorney, Atlantic Center, Pacific Legal Foundation