Minimum Competence Podcast Por Andrew and Gina Leahey arte de portada

Minimum Competence

Minimum Competence

De: Andrew and Gina Leahey
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 The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey Ciencia Política Política y Gobierno
Episodios
  • Legal News for Weds 6/11 - Trump Tariffs Remain Temporarily, DOJ Firings of Folks that Made Trump Mad, and French Tesla Owners Sue Musk Over Nazi Salute etc.

    Legal News for Weds 6/11 - Trump Tariffs Remain Temporarily, DOJ Firings of Folks that Made Trump Mad, and French Tesla Owners Sue Musk Over Nazi Salute etc.
    Jun 11 2025
    This Day in Legal History: People v. Ruggles and the Transposition of a “Common Law Crime”On June 11, 1811, the New York Supreme Court of Judicature decided People v. Ruggles, a seminal case in early American constitutional law and one of the rare recorded convictions for blasphemy in U.S. history. John Ruggles was convicted for publicly declaring in a tavern that “Jesus Christ was a b*****d and his mother must be a w***e,” and was sentenced to three months in jail and fined $500. What made the decision historically significant was Chancellor James Kent’s justification: he upheld the conviction by transposing the English common law crime of blasphemy into American jurisprudence, despite the existence of a state constitutional provision protecting religious freedom.Kent argued that the free exercise clause of the New York Constitution—similar to the First Amendment—guaranteed religious tolerance but did not protect speech deemed immoral or dangerous to public order. He defined blasphemy as “maliciously reviling God, or religion,” and asserted that Americans, like the English, required religion-based moral discipline to maintain social cohesion. Crucially, Kent held that blasphemy applied only to Christianity, stating that “we are a Christian people,” and that moral and legal norms in the U.S. were “ingrafted upon Christianity.”This decision represented a foundational moment in American law by carrying forward a religiously grounded common law principle into a supposedly secular, constitutional framework. Kent cited Sunday observance laws and other religious references in law as evidence that Christianity remained embedded in the legal culture. He acknowledged tolerance for other religions but did not extend legal protection to speech critical of Christianity.The decision aligned with Justice Joseph Story’s later view that Christianity underpinned American common law, but stood in contrast to the secularist interpretation advanced by figures like Thomas Jefferson. Though Kent’s reasoning carried weight in his era, it would eventually lose ground. In Burstyn v. Wilson (1952), the U.S. Supreme Court effectively invalidated blasphemy laws, ruling that speech critical of religion was protected under the First Amendment.A federal appeals court has ruled that President Trump’s sweeping tariffs may remain in effect while legal challenges to their legality proceed. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. paused a lower-court decision that found Trump exceeded his authority by invoking the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The court called the matter one of “exceptional importance” and took the rare step of assigning it to the full 11-judge panel, with oral arguments scheduled for July 31.The tariffs in question include broad duties on imports from most U.S. trading partners—nicknamed “Liberation Day” tariffs—as well as separate levies targeting Canada, China, and Mexico. Trump has claimed that the tariffs are justified under IEEPA due to threats like fentanyl trafficking and the ongoing trade deficit. Critics argue these are not legitimate emergencies under the law and that only Congress has the constitutional power to impose tariffs.The original ruling striking down the tariffs came from the U.S. Court of International Trade on May 28, in lawsuits brought by five small businesses and twelve states led by Oregon. That court found Trump’s use of IEEPA overreached presidential authority and misapplied a law designed for national emergencies. While disappointed by the stay, the plaintiffs emphasized that no court has yet upheld Trump’s broad claims under IEEPA.Trump tariffs may remain in effect while appeals proceed, US appeals court rules | ReutersThe U.S. Department of Justice (DOJ) recently dismissed two more employees who were involved in investigations concerning President Trump, bringing the total number of terminations related to those probes to 17 since Trump's return to power in January. One of the fired individuals had served as a lawyer on Special Counsel Jack Smith's team and previously prosecuted defendants involved in the January 6 Capitol attack. The other was a support staff member also tied to Smith's team. Attorney General Pam Bondi reportedly ordered the dismissals. Although both had been reassigned to other DOJ divisions prior to their termination, their past involvement with the Trump investigations was cited as the likely reason for their firing.Earlier, on January 27, 14 attorneys were dismissed at once due to their work on Trump-related cases. In April, a longtime public affairs official who had represented Smith's team was also let go. The DOJ has not officially commented on the recent terminations. Trump has persistently claimed that the Justice Department unfairly targeted him for political reasons, though Smith’s team consistently rejected that narrative in court. These ...
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  • Legal News for Tues 6/10 - Google Antitrust Fight in Mexico, Loopholes in Texas Housing "Reform," and the IRS Eyes Using AI to Flag Returns

    Legal News for Tues 6/10 - Google Antitrust Fight in Mexico, Loopholes in Texas Housing "Reform," and the IRS Eyes Using AI to Flag Returns
    Jun 10 2025
    This Day in Legal History: Colegrove v. GreenOn June 10, 1946, the U.S. Supreme Court decided Colegrove v. Green, upholding an Illinois congressional districting scheme that created dramatically uneven district populations. The plaintiffs argued the map diluted votes by packing more people into some districts than others, violating principles of equal representation. However, the Court, in a plurality opinion by Justice Felix Frankfurter, declined to intervene. Frankfurter emphasized that districting was a “political question” and not within the judiciary’s purview to resolve.This ruling effectively insulated redistricting practices from federal judicial review and left voters in malapportioned districts without a constitutional remedy. Frankfurter’s view was rooted in judicial restraint, warning against courts becoming embroiled in “political thickets.” But critics argued that this deference allowed entrenched political interests to ignore population shifts and disenfranchise urban voters.The decision stood until 1962, when the Court reversed course in Baker v. Carr. There, the justices held that federal courts could indeed hear redistricting cases under the Equal Protection Clause, ushering in the “one person, one vote” era. Colegrove thus marked the high-water mark of the political question doctrine’s use in avoiding electoral oversight—a stance the Court ultimately abandoned.Mexico’s antitrust regulator is poised to issue a ruling by June 17 on whether Google engaged in monopolistic practices in the country’s digital advertising market. If found guilty, the tech giant could face a fine amounting to 8% of its annual Mexican revenue—potentially one of the largest ever imposed by the agency. The case began in 2020 and moved into a trial phase last year, with a key hearing held on May 20. Mexican regulators claim Google built an illegal monopoly, and has obtained financial data from the Mexican tax authority as part of its investigation.Google, which hasn’t disclosed Mexico-specific revenue but reported $20.4 billion for the broader “other Americas” region in 2024, could seek an injunction to delay the ruling pending judicial review. This would parallel similar antitrust issues the company faces in the U.S., where courts have ruled against its dominance in search and advertising technologies.Adding to tensions, President Claudia Sheinbaum has sued Google for renaming the Gulf of Mexico to “Gulf of America” for U.S. users—a move she claims Google had no authority to make. The long-standing antitrust case has drawn political attention, with lawmakers urging Mexican officials to act.Google in Mexico faces major potential fine as antitrust ruling nears | ReutersTexas has taken a meaningful first step toward curbing abuse in its affordable housing tax system with HB 21, but the new law leaves major gaps that developers could still exploit. Signed by Governor Greg Abbott, HB 21 aims to end long-term tax breaks for projects that offer little true affordability. However, the bill’s reliance on “area median income” (AMI) to define affordability creates a loophole: in wealthy areas, rent set at 80% of AMI can be as high as typical market rates, making the term “affordable” misleading.The law requires that half of all units be reserved for “low-income” tenants, but without adjusting for local wage realities, this standard fails to address the needs of those most burdened by housing costs. Worse still, enforcement is delayed—audits may take years, and there is no mechanism to reclaim tax benefits already received by developers who fall out of compliance. This makes upfront compliance optional in practice, not mandatory.While HB 21 mandates parity in amenities between market-rate and affordable units, this provision seems symbolic without robust inspection. The lack of a tax credit clawback—something present in federal programs like the Low-Income Housing Tax Credit—further weakens accountability.The bill’s structure could dissuade honest developers, who face unclear or burdensome requirements, while allowing bad actors to benefit before facing any scrutiny. Texas risks ending exploitative deals without fostering enough viable new ones, exacerbating its housing shortage.Texas Housing Law Addresses Problem but Creates Major LoopholesAs the push for government efficiency grows, the IRS is considering using artificial intelligence to identify noncompliant taxpayers based on past audit outcomes. While this might sound like a smart upgrade, history offers a sobering warning. The Netherlands tried something similar, using AI to spot fraud in childcare benefits, and it ended in a national scandal—the algorithm disproportionately targeted minority families, human reviewers failed to intervene, and the fallout brought down the government.A recent Treasury Inspector General for Tax Administration (TIGTA) report suggests the IRS could “leverage examination ...
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    6 m
  • Legal News for Mon 6/9 - Getty vs. Stability AI, Notable Paul Weiss Exodus, $2.8b NCAA Player Settlement

    Legal News for Mon 6/9 - Getty vs. Stability AI, Notable Paul Weiss Exodus, $2.8b NCAA Player Settlement
    Jun 9 2025
    This Day in Legal History: “Have You No Sense of Decency, Sir?”On June 9, 1954, one of the most pivotal moments in American legal and political history unfolded during the Army–McCarthy hearings. The hearings were part of a broader investigation into allegations that Senator Joseph McCarthy and his staff had pressured the U.S. Army for preferential treatment of a former aide. By this time, McCarthy had become infamous for his aggressive campaign against alleged communists in government, using Senate hearings as a stage for accusations often lacking in evidence. His tactics had created a culture of fear and censorship across multiple sectors of American life.The dramatic turning point came when Army chief counsel Joseph Welch confronted McCarthy after the senator attempted to smear a young attorney from Welch’s law firm. With millions watching the nationally televised hearing, Welch famously asked, “Have you no sense of decency, sir? At long last, have you left no sense of decency?” The moment drew applause and signaled a critical shift in public sentiment. It crystallized growing discomfort with McCarthy’s bullying methods and marked the beginning of his political downfall.The legal significance of this day lies not in a court decision but in the public rejection of demagoguery and the defense of due process and professional ethics. Welch’s rebuke helped reassert norms of fairness in legislative proceedings and served as a precedent for reining in congressional overreach. Within months, McCarthy was censured by the Senate, and his influence waned. June 9, 1954, thus stands as a symbolic restoration of institutional decency amid the legal theater of Cold War America.Getty Images has launched a major copyright lawsuit against Stability AI in the UK, accusing the company of using millions of its images without permission to train its AI system, Stable Diffusion. The case, now underway in London's High Court, challenges whether such data use falls within fair use or infringes intellectual property rights. Getty insists the lawsuit is not an attack on AI itself, but a defense of copyright protections, arguing that AI can thrive alongside creators if proper licensing is respected. Stability AI denies any wrongdoing, framing the dispute as a broader debate about innovation and freedom of expression.The legal battle is unfolding amid a global wave of lawsuits over AI training data, as creative industries express concern about the unauthorized use of their work. Getty is also pursuing a parallel case in the United States. Lawyers for Stability AI argue the suit could endanger the entire generative AI industry, but Getty counters that respecting copyright is key to AI's future. The outcome of this case could reshape how copyright law is applied to AI in the UK and potentially influence government policy.One legal element of note is UK copyright's application to machine learning, particularly regarding the "scraping" of protected content. This is significant because the UK lacks a settled precedent on whether using copyrighted data to train AI systems constitutes infringement, especially in the absence of express licensing. This case could establish that precedent.Getty argues its landmark UK copyright case does not threaten AI | ReutersDamian Williams, the former U.S. Attorney for the Southern District of New York, has left Paul Weiss just months after joining the firm to move to Jenner & Block. His departure comes as Paul Weiss faces scrutiny for striking a controversial deal with the Trump administration in March, agreeing to provide $40 million in pro bono legal services in exchange for rescinding an executive order targeting the firm. Jenner & Block, in contrast, opposed the same Trump-era executive order in court and recently secured a permanent ruling against it.Williams will now co-chair Jenner’s litigation and investigations practice. During his time as U.S. Attorney, he led major prosecutions including those of FTX founder Sam Bankman-Fried and Senator Bob Menendez. In a statement, Williams praised Jenner’s fearless advocacy and strategic counsel. Jenner did not mention its legal fight against Trump or Paul Weiss's agreement in its announcement.Paul Weiss has seen several other high-profile departures in recent months, including five partners who left to start a new firm and the head of its pro bono practice, who left to work on housing advocacy. The Trump-related agreement has sparked debate within the legal community, with some praising it as pragmatic and others criticizing it as compromising firm independence.Former Manhattan US attorney leaves Paul Weiss for law firm fighting Trump | ReutersA federal judge has given final approval to a groundbreaking $2.8 billion antitrust settlement between the NCAA, its Power Five conferences, and student-athletes, allowing for direct payments to college athletes for the first time. Judge Claudia Wilken ruled that the deal, which also resolves...
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