Minimum Competence Podcast Por Andrew and Gina Leahey arte de portada

Minimum Competence

Minimum Competence

De: Andrew and Gina Leahey
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Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey Ciencia Política Política y Gobierno
Episodios
  • Legal News for Thurs 11/13 - Trump Named in Epstein Emails, Apple Says EU Fee Cuts Didn't Help Consumers and Google Sues Phishers

    Legal News for Thurs 11/13 - Trump Named in Epstein Emails, Apple Says EU Fee Cuts Didn't Help Consumers and Google Sues Phishers
    Nov 13 2025
    This Day in Legal History: Happy Brandeis DayOn November 13, 1856, Louis Brandeis was born in Louisville, Kentucky. He would go on to become one of the most influential jurists in American legal history. Appointed to the U.S. Supreme Court in 1916 by President Woodrow Wilson, Brandeis was the first Jewish justice and brought a deeply progressive and pragmatic philosophy to the bench. Long before his judicial career, he co-authored the seminal 1890 Harvard Law Review article “The Right to Privacy,” articulating a legal theory that would shape decades of constitutional interpretation. On the Court, he consistently championed civil liberties, individual privacy, and limitations on unchecked government and corporate power.Brandeis was known for his meticulous reasoning and willingness to dissent, often laying the groundwork for future majority opinions. In Whitney v. California (1927), his concurring opinion defended free speech in sweeping terms, arguing that the remedy for harmful ideas was more speech, not enforced silence—a principle that remains central to First Amendment jurisprudence. In economic cases, he frequently opposed monopolistic practices and was skeptical of concentrated financial power, earning him the moniker “the people’s lawyer.” His distrust of large institutions was not ideological but rooted in a belief that democracy and individual autonomy could only flourish when those institutions were held accountable.Brandeis also advanced the use of social science and empirical data in legal arguments, exemplified by the famous “Brandeis Brief” in Muller v. Oregon (1908), which emphasized real-world facts over abstract legal theory. He believed that courts should understand the broader implications of their rulings, particularly in cases affecting labor, privacy, and civil rights. Though his views were sometimes out of step with his contemporaries, many of his ideas became mainstream in later decades. Brandeis served on the Court until 1939, leaving a legacy of principled independence and intellectual rigor.House Democrats have released emails suggesting that Donald Trump may have been aware of Jeffrey Epstein’s abuse of underage girls. The documents include a 2019 email in which Epstein told author Michael Wolff that Trump “knew about the girls” and asked Ghislaine Maxwell to “stop,” as well as a 2011 message from Epstein to Maxwell claiming Trump spent significant time at his house with one of Epstein’s victims. The victim’s name is redacted, but the White House says it refers to the late Virginia Giuffre, who has publicly stated that Trump was not involved in any wrongdoing.Trump has consistently denied any knowledge of Epstein’s crimes, emphasizing that their friendship ended years before Epstein’s death in jail in 2019. The White House dismissed the email release as a politically motivated stunt and accused Democrats of constructing a “fake narrative.” Still, the controversy has stirred unease among Trump’s base, with recent polling showing only 40% of Republicans support his handling of the Epstein case—far less than his usual approval ratings.Wednesday’s release coincides with the swearing-in of Democratic Rep.-elect Adelita Grijalva, whose vote could trigger a full House vote to declassify all Epstein-related records. Democrats, led by Rep. Robert Garcia, are pushing for full transparency, alleging that attempts to conceal the files raise deeper concerns about Trump’s connection to Epstein.House Democrats release Epstein papers saying Trump ‘knew about the girls’ | ReutersApple says recent fee cuts for app developers in the EU, made to comply with the Digital Markets Act (DMA), have not led to lower prices for consumers. The company commissioned a study showing that developers kept prices the same or raised them for 90% of products, with only 9% seeing reductions—and those were consistent with typical pricing trends, not fee changes. Most of the financial benefit from reduced commissions, totaling €20.1 million, went to non-EU developers.Apple argues this undermines the DMA’s goal of helping consumers and fostering competition, instead creating new hurdles for startups and potential risks for users. The European Commission has not yet commented. The DMA targets tech giants like Apple, Google, Meta, and Microsoft, aiming to level the playing field and offer users more choice.Developer fee cuts not passed on to EU users, Apple says | ReutersGoogle has filed a federal lawsuit in New York aiming to dismantle an international phishing operation it claims originated in China. According to the complaint, the group used software called “Lighthouse” to impersonate entities like Google, the U.S. Postal Service, and E-ZPass, sending fake text messages that tricked users into revealing sensitive personal and financial information. Nearly 200,000 fraudulent websites were allegedly created in just 20 days, targeting over a million people ...
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    6 m
  • Legal News for Weds 11/12 - SCOTUS Snap Ruling, Former CFPB Alums Launch Lawsuits, NCAA "Volunteer" Coach Settlement, and MX Flawed VAT Fraud Solution

    Legal News for Weds 11/12 - SCOTUS Snap Ruling, Former CFPB Alums Launch Lawsuits, NCAA "Volunteer" Coach Settlement, and MX Flawed VAT Fraud Solution
    Nov 12 2025
    This Day in Legal History: Clean Air Act Amendments of 1990On November 12, 1990, President George H.W. Bush signed the Clean Air Act Amendments of 1990 into law, enacting one of the most ambitious environmental regulatory packages in U.S. history. The amendments addressed a broad range of air quality concerns, including acid rain, smog in urban areas, and emissions of hazardous air pollutants. At the time, the legislation was notable for its bipartisan support and its embrace of both traditional regulation and market-based solutions. Among its most innovative features was the introduction of a cap-and-trade program to reduce sulfur dioxide emissions, the primary cause of acid rain. This program placed a national cap on emissions and allowed utilities to buy and sell allowances, incentivizing the adoption of cleaner technologies and practices.The legislation also directed the Environmental Protection Agency to regulate 189 toxic air pollutants, a massive expansion from the original eight. It required cleaner gasoline in high-pollution areas and set deadlines for phasing out ozone-depleting chemicals. States were mandated to submit detailed plans for meeting federal air quality standards, significantly increasing local accountability. The law established a new operating permit system for major sources of air pollution, centralizing compliance efforts. It also increased civil and criminal penalties for violators and expanded the public’s right to sue polluters and the government for non-enforcement.The amendments reflected growing public concern about environmental degradation and represented a turning point in how the federal government approached pollution control. By pairing stricter standards with economic incentives, the 1990 law helped redefine regulatory strategy in environmental law.The U.S. Supreme Court extended a temporary pause on a lower court order that would have required the Trump administration to fully fund SNAP benefits during the ongoing government shutdown. The administration is currently withholding approximately $4 billion from the program, which supports 42 million low-income Americans. Justice Ketanji Brown Jackson, who initially granted the pause, stated she would have denied the request to extend it further. The pause is now set to expire Thursday, though an end to the shutdown could render the legal fight moot. Meanwhile, the Senate has approved a bipartisan bill to end the shutdown, which has become the longest in U.S. history. The lapse in SNAP funding marks the first such disruption in the program’s six-decade existence, prompting recipients to rely on food pantries and cut back on essential expenses like medications.US Supreme Court extends pause on order requiring Trump to fully fund food aid | ReutersThree former senior enforcement officials from the Consumer Financial Protection Bureau have launched a new legal initiative aimed at holding corporations accountable in the absence of federal action. The project, backed by the advocacy group Protect Borrowers, will focus on bringing strategic lawsuits against companies accused of exploiting consumers, workers, and small businesses. The team—Eric Halperin, Cara Petersen, and Tara Mikkilineni—previously held top roles at the CFPB before it was effectively sidelined by the Trump administration.The CFPB’s enforcement and supervision functions were largely dismantled this year, leaving a vacuum in consumer protection at the federal level. In response, consumer advocates and state officials have begun stepping in to fill the enforcement gap. Halperin emphasized that rising corporate profits alongside deepening financial stress for ordinary Americans is no coincidence, pointing to a lack of oversight that enables corporate misconduct to go unchecked.Former top enforcers at US watchdog join project to bring pro-consumer lawsuits | ReutersThe NCAA has agreed to a $303 million settlement to resolve claims from over 7,700 current and former Division I coaches who say they were illegally denied pay under a now-repealed policy that barred compensation for so-called “volunteer” coaches in all sports except baseball. Filed in federal court in Sacramento, the proposed class action settlement still requires approval from U.S. District Judge William Shubb. If approved, no coach will receive less than $5,000, with average payouts expected to be around $39,260 before fees, and some six-figure awards anticipated.The plaintiffs argued the NCAA and its member schools violated antitrust laws by maintaining the compensation ban, a rule repealed in 2023. The NCAA denies wrongdoing but said the deal provides “certainty and clarity.” The lawyers representing the coaches plan to seek up to 30% of the settlement—around $90.9 million—in legal fees. This case follows a $49 million NCAA settlement with baseball coaches over similar claims and comes amid broader legal pressure on the NCAA, including a pending $2.8 billion settlement ...
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    6 m
  • Legal News for Tues 11/11 - SCOTUS Declines Kim Davis' Appeal, Reagan Judge Quits Over Trump, Changes to How Judicial Nominees are Announced

    Legal News for Tues 11/11 - SCOTUS Declines Kim Davis' Appeal, Reagan Judge Quits Over Trump, Changes to How Judicial Nominees are Announced
    Nov 11 2025
    This Day in Legal History: Armistice DayOn November 11, 1918, World War I came to an end with the signing of the Armistice between the Allies and Germany. While not a legal instrument in the treaty sense, the armistice was a binding agreement that had massive legal and geopolitical ramifications. Its terms, including a cessation of hostilities, withdrawal of German forces, and surrender of military equipment, were enforced by military and diplomatic means, laying the groundwork for the Treaty of Versailles in 1919. The legal aftermath of the war led to the creation of new nation-states, redrawn borders, and the first formal attempt at international governance through the League of Nations.November 11 would later be recognized in the United States as Veterans Day, originally commemorated as Armistice Day, reflecting the legal shift from honoring only WWI veterans to recognizing all who served in the U.S. Armed Forces. The legal transition occurred in 1954 when President Eisenhower signed legislation formally renaming the holiday. The legal framework surrounding veterans’ benefits also expanded post-WWI, with landmark legislation like the GI Bill of Rights in 1944 and its subsequent reauthorizations, shaping how the U.S. compensates military service.Internationally, the armistice also contributed to legal debates over war guilt and reparations, particularly with Article 231 of the Treaty of Versailles—the so-called “War Guilt Clause”—which placed sole responsibility for the war on Germany and its allies. That clause became a flashpoint in both legal and political discussions and was later cited by Germany as a grievance contributing to the rise of Nazism and WWII.The U.S. Supreme Court declined to hear an appeal from Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples following the 2015 Obergefell v. Hodges ruling. Davis had argued that her First Amendment right to free exercise of religion shielded her from liability, but lower courts rejected that defense, awarding damages and attorneys’ fees exceeding $360,000 to plaintiffs David Ermold and David Moore. The Sixth Circuit found that Davis’s actions constituted state action, not protected private conduct, and that she could not invoke her own constitutional rights to infringe on the rights of others while acting in an official capacity.Davis had also asked the Supreme Court to reconsider Obergefell, arguing it rested on the same substantive due process doctrine as Roe v. Wade, which the Court overturned in 2022. However, the justices declined to take up that issue, just as they had in 2020. The Court’s refusal to revisit Obergefell signals a reluctance, at least for now, to reexamine established rights to same-sex marriage, even as the bench remains deeply conservative.US Supreme Court rejects bid to overturn same-sex marriage right | ReutersSenior U.S. District Judge Mark Wolf, appointed by President Reagan in 1985, announced his resignation in order to publicly oppose what he describes as President Donald Trump’s abuse of legal authority. In an article for The Atlantic, Wolf accused Trump of weaponizing the law against political enemies while shielding allies, a pattern he claims contradicts the principles he upheld over five decades in the Justice Department and on the bench. Wolf cited Trump’s direction to Attorney General Pam Bondi to indict political opponents, including New York AG Letitia James and former FBI Director James Comey, as especially troubling.Wolf expressed frustration over the ethical constraints on judges that prevent them from speaking out publicly, saying he could no longer remain silent as Trump undermined the rule of law and dismantled oversight mechanisms such as inspectors general and the FBI’s public-corruption unit. His resignation comes amid heightened tensions between the Trump administration and the judiciary, underscored by combative rhetoric at a recent Federalist Society event. Wolf, who had previously criticized the handling of ethics complaints against Justice Clarence Thomas, said he now plans to support litigation and advocacy efforts to protect democratic norms and defend judges unable to speak for themselves.Reagan Judge Says He Quit Bench to Speak Out Against TrumpThe Trump administration has significantly shortened the time between publicly announcing judicial nominees and holding their Senate confirmation hearings, in some cases to as little as two days—far less than the typical 28-day window used by past administrations. While the Senate Judiciary Committee still adheres to its rule requiring 28 days between receiving nominee questionnaires and hearings, the White House now delays public disclosure until much later in the process, often after nominees have cleared internal background checks. Critics argue this reduces transparency and limits public scrutiny of lifetime judicial appointments, while supporters claim the process is ...
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    6 m
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