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| TIME | SPEAKER | TEXT |
|---|---|---|
| 00:00:22 |
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THIS IS C-SPAN'S [APPLAUSE] ." -- THIS IS C-SPAN'S "AMERICA & THE COURTS." NEXT, A CASE ON GUN RIGHTS... |
| 00:00:47 |
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WE WILL TURN FIRST TO THE CASE THAT WAS ARGUED THIS PAST OCTOBER, JUST ARGUED THIS PAST NOVEMBER.... |
| 00:01:09 |
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THIS CASE CAME ON SEPTEMBER 9 FOR A SPECIAL SESSION, VERY RARE. IT IS CITIZENS UNITED. IT STARTED... |
| 00:06:49 |
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THE NEXT CASE WAS ACTUALLY ARGUED IN SEPTEMBER, AND THAT IS THE U.S. STEEL CASE. |
| 00:07:02 |
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I ACTUALLY DID NOT ARGUE WITH. WE HAD A CASE THAT I WILL TALK ABOUT FIRST, BRIEFLY. THE CASE WAS... |
| 00:12:57 |
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DAVID, THE CASE YOU ARGUED, THE SALAZAR CASE? |
| 00:13:03 |
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IT IS PART OF THE CONTINUING EXPLORATION OF THE COURTS, DEALING WITH THE SCHISMS IN SOCIETY ABOUT... |
| 00:19:34 |
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IF YOU WATCH THE ARGUMENT IN THE SOUTH CAROLINA CASE, HERE'S A CASE THAT INVOLVES THE GRAND ISSUE... |
| 00:20:26 |
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FOR ANY OF YOU WHO ARE IN WASHINGTON IN 1996, THAT WAS THE LAST TIME I REMEMBER THE COURT PRESS ON... |
| 00:20:50 |
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I'VE ARGUED THAT DAY. |
| 00:20:52 |
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YOU WERE THERE, AND HE WAS PROBABLY HAPPY. |
| 00:20:55 |
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THE WHOLE FEDERAL GOVERNMENT WAS CLOSED. EVERYTHING WAS CLOSED. FORTUNATELY, I WAS STAYING IN A HOTEL... |
| 00:21:08 |
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WAS VERY HARD FOR THE JUSTICES TO GET THERE. IT IS VERY UNUSUAL FOR IT COURT TO POSTPONE ANY THING.... |
| 00:22:02 |
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YOU REMINDED ME OF THE CITIZENS UNITED CASE. NOT ONLY DID TED OLSON ARGUED IN THAT CASE TO OVERRULE... |
| 00:22:38 |
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-- THERE WAS AN AMAZING LINEUP OF ADVOCATES. |
| 00:22:46 |
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SHE WAS THE DEAN OF HARVARD LAW SCHOOL BUT WAS RELATIVELY NEW TO THE SOLICITOR GENERAL JOB, BUT YOU... |
| 00:26:37 |
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THE NEXT CASE WHICH WE WILL TALK ABOUT, NOT LIKE THE FLORIDA CASES, A CASE YOU WOULD NOT HAVE WE HEARD... |
| 00:26:54 |
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IT WAS ABOUT WHAT YOU CAN GET A PATENT ON, AND IT SHOWS WHAT THE INSTRUMENT FOR ROLE THE SUPREME COURT... |
| 00:29:53 |
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I THINK THERE WERE 70 BRIEFS. |
| 00:29:56 |
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70, WHICH IS EXTRAORDINARILY HIGH. IN THE MICHIGAN CASE, THERE WERE OVER 100, WHICH WAS THE HIGHEST... |
| 00:30:08 |
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THE PATENT CASE WAS ARGUED THE SAME DAY AS THE FLORIDA CASE. IT WAS ARGUED AT 1:00. THE FLORIDA JUVENILE... |
| 00:30:43 |
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BILLIONS OF DOLLARS. THE NATION HAD A VERY INDUSTRIAL ECONOMY, AND THAT HAS CHANGED SO MUCH. IT IS... |
| 00:31:00 |
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DAVID WILL TALK ABOUT A CASE WHICH HE ARGUED ONE WEEK AGO, THIS PAST MONDAY, A VERY BIG CASE THAT... |
| 00:31:14 |
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I THINK THERE ARE SOME FLAWS IN THE ARGUMENT. [LAUGHTER] |
| 00:31:23 |
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HOW MANY OF YOU OWN RETAIL MUTUAL FUNDS FOR SAVINGS AND INVESTMENT? THAT IS WHAT THIS CASE WAS ABOUT.... |
| 00:31:36 |
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I WILL NOT HAVE A REBUTTAL. |
| 00:31:42 |
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THEY ALLEGED THAT THE INVESTMENT ADVISERS IN MUTUAL FUNDS HAD OVERCHARGED THEM FOR FEES. IT WAS A... |
| 00:35:44 |
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IT IS QUITE APPARENT THAT THE JUSTICES WERE STRUGGLING WITH THIS AND MANY WERE CONCERNED ABOUT AND... |
| 00:36:13 |
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THIS IS A CASE WHERE WHAT THE STANDARD IS IS PROBABLY MORE IMPORTANT THAN THE OUTCOME, BECAUSE IF... |
| 00:37:20 |
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IT WAS AN INTERESTING ORAL ARGUMENT OR THE CHIEF REFERRED TO ANY PERSON CAN LOOK AT MORNING START... |
| 00:37:41 |
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I HAVE A FIDUCIARY DUTY TO MY CLIENTS, BUT I TELL THEM HOW MUCH I WILL CHARGE AND A CONSENT, THE COURT... |
| 00:38:02 |
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I WILL LET HIM DO THE WRONG BOTTLE AND THEN WE WILL MOVE ON. -- I WILL LET HIM DO IT THE REBUTTAL,... |
| 00:38:10 |
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THE PROBLEM IS EVERY YEAR THE ADVISER WITH HIS HAND-PICKED BOARD DECIDES WITH HIS COMPENSATION WILL... |
| 00:38:59 |
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NOT THAT CLEARLY. |
| 00:39:06 |
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JOAN, YOU WERE GOING TO TALK ABOUT DIFFERENT CASES. |
| 00:39:17 |
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THIS IS WHAT YOU HEAR IN COURT. ONE LAWYER GETS UP AND SAYS SOMETHING, THAT MAKES SENSE. THE NEXT... |
| 00:44:25 |
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I DON'T KNOW. |
| 00:44:26 |
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SORRY. THE SECRETARY OF STATE HAD DESIGNATED THESE ORGANIZATIONS AS TERRORIST ORGANIZATIONS, AND ... |
| 00:45:40 |
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I THINK THREE CASES, WHITE- COLLAR CRIME CASES, INVOLVING HONEST SERVICES, DEPRIVATION OF HONEST SERVICES.... |
| 00:46:07 |
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THERE HAS BEEN A GROWING CONCERN, THE STATUTE HAS BEEN ON THE BOOK 20 YEARS, GROWING CONCERN ABOUT... |
| 00:50:28 |
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WITHIN THE COURT IT WAS INTERESTING BECAUSE JUST LAST TERM, THE COURT HAD DENIED CERT ON THE CASE... |
| 00:51:04 |
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THEY GOT THREE OF THEM. THE DESCENT WAS VERY POWERFUL, NOT ONLY TO BE REFERRED TO THIS CRIMINAL, ALL... |
| 00:51:38 |
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THE REASON IT WAS INTERESTING THEY TOOK THIS CASE IS THE COURT HAD ALREADY TAKEN TWO YEARS AGO, AND... |
| 00:52:19 |
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THAT IS POSSIBLE, ALTHOUGH EACH OF THE CASES ARE RELATED, BUT EACH PRESENT A SEPARATE QUESTION ABOUT... |
| 00:52:39 |
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DAVE IT WILL TALK ABOUT ANYTHING HE WANTS TO TALK ABOUT, BUT ALSO A CITY OF CHICAGO CASE IN PARTICULAR.... |
| 00:52:50 |
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I START WITH A CAVEAT. I AM DOING THIS IN FRONT OF A CONSTITUTIONAL LAW PROFESSOR, AND FOR ME, THIS... |
| 00:58:01 |
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THE EXTRA TWIST IS WHEN THEY DECIDED THE CASE A COUPLE OF YEARS AGO WITH HELLER, WHERE THE COURT RULED... |
NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.
