AirTalk discuss the major cases that Supreme Court watchers are keeping an eye on this term and talk about how being down a justice might impact how the court rules in certain cases. We also examine a new UC study on SAT and ACT tests; take a look at what the reworked NAFTA deal means for California; and more
Kavanaugh tick-tock: Confirmation vote looms this week as Senate Dems & a few Republicans hold out for FBI inquiry results
As the F.B.I investigation into allegations of sexual assault against Supreme Court nominee Judge Brett Kavanaugh progresses, Senate Majority Leader Mitch McConnell isn’t shying away from moving ahead with his confirmation.
On Tuesday, the Kentucky Republican said in a speech on the Senate floor that he would be pushing forward with a confirmation vote this week, setting up what may be a contentious vote as there are still at least three Republican senators whose voting preference is unclear.
McConnell’s timeline of forcing a vote by Friday means the F.B.I investigation would have to be concluded by Wednesday, which could create an issue with the three outstanding senators who want to see the inquiry run its course before a vote is called. Meanwhile, another incident from Judge Kavanaugh’s past has surfaced that involved a bar fight while he was an undergraduate at Yale University in 1985.
We’ll hear from reporters inside the beltway about the latest on the Kavanaugh confirmation vote, the F.B.I investigation, and more.
Guests:
Aaron Blake, senior political reporter at The Washington Post where he writes for the political analysis blog “The Fix”; he tweets
Cate Martel, national political reporter at The Hill, where she also writes their political newsletter “The 12:30 Report”; she tweets
Do SAT and ACT tests accurately predict college success? UC study plans to find out
More than 1,000 universities across the country dropped SAT and ACT tests as a requirement for admission.
Standardized tests have come under growing criticism in recent years. Now University of California faculty leaders plan to launch a study to find out if these tests accurately predict college success. The review, announced last Wednesday, is meant to evaluate if standardized tests should be optional for admissions.
A study released earlier this year found that the tests failed to fully identify talented students. According to the study, universities that dropped the tests saw an increase in applicants from minority groups, including more blacks and Latinos. Critics of standardized tests say the requirement put low-income applicants who can’t afford expensive preparation at a competitive disadvantage.
We examine if SAT and ACT tests accurately predict college success and look into the planned UC study.
Guests:
Nathan Kuncel, professor of industrial-organizational psychology at the University of Minnesota, his focus includes the structure and prediction of performance in academic and work settings, specifically the use of standardized tests like SATs
Jerry Lucido, professor of research and Associate Dean of Strategic Enrollment Services at USC; executive director of the USC Center for Enrollment Research, Policy, and Practice, and Special Advisor to the Provost at the University of Southern California; his focus includes college admissions and enrollment management
Netflix planning choose-your-own adventure episode of ‘Black Mirror.’ Will interactive TV gain traction?
Fans of the Netflix show ‘Black Mirror’ will have more than just the new season to look forward to this December -- they’ll be asked to actively participate in shaping the narrative of one of its episodes.
That’s because Netflix is planning a choose-your-own adventure style episode in the fifth season of the sci-fi show. And according to Lucas Shaw, who broke this story, a show that reflects on how technology is changing ethics and society may be the perfect medium for this experiment.
Netflix has already tried similar storyline experiments in its children’s content, and is in talks with creating more of this content if the ‘Black Mirror’ episode is a success. And outside of content, we’re already seeing the rise of the interactive model in advertising.
But will television viewers, used to a passive entertainment experience, be on board for an experience that requires decision-making? Is this antithetical to what you want when you’re settling in for a trip into a director’s narrative vision? Or are you excited for this merging of gaming elements with television storytelling?
Guests:
Lucas Shaw, LA-based entertainment business reporter with Bloomberg; he broke this story in his article “Netflix Is Planning a Choose-Your-Own-Adventure ‘Black Mirror’”
Andrew Wallenstein, co-Editor-in-Chief of Variety, where his recent piece is “Netflix ‘Black Mirror’ Stunt Reflects Well on Interactive TV’s Future"; he tweets
As US Supreme Court begins fall term with eight justices split ideologically, the potential impact on the major cases
With the nation’s focus locked firmly on the ongoing F.B.I. investigation into claims of sexual misconduct against Supreme Court nominee Brett Kavanaugh and the upcoming Senate vote to confirm him, it’s not hard to lose sight of the fact that the justices who are on the Supreme Court still have cases to hear.
On Monday, much to the chagrin of Republicans who had hoped it would begin this term with Kavanaugh confirmed and a conservative majority cemented, the High Court began its fall term with eight justices on the bench -- four liberal and four conservative.
Among the cases of note that they will be considering this term are Madison v. Alabama, which will be heard Tuesday and centers around whether executing a person who suffers from dementia and doesn’t remember committing a crime could be considered cruel and unusual punishment. And while it’s not particularly grabby in terms of its subject matter, Gamble v. United States is one case that many Supreme Court watchers are saying could have implications for presidential pardon power.
The case looks at the double jeopardy provision of the 5th Amendment which prevents someone from being tried for the same crime twice in federal court. The High Court has set precedent for this with the so-called “dual sovereignty exception” which states that someone can be tried for the same crime at the federal and state level because state governments and the federal government are separate sovereign entities as far as the Constitution is concerned.
But depending on how the court rules, there are some who say that if the court rules to throw out the dual sovereignty exception and President Trump decides to pardon someone close to him that has been convicted of a federal crime, like Paul Manafort, it could prevent states from prosecuting those individuals at the state level.
Today on AirTalk, we’ll run down the major cases that Supreme Court watchers are keeping an eye on this term and talk about how the bench being down a justice might impact how it rules in certain cases.
Guests:
Greg Stohr, Supreme Court reporter for Bloomberg News; he tweets
Stephen Vladeck, professor of law at the University of Texas at Austin, CNN Supreme Court analyst, editor-in-chief of the Just Security blog and senior contributor to the Lawfare blog, both of which focus on national security law; he tweets
Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review; he tweets
What does the reworked NAFTA deal mean for California?
President Donald Trump hailed his revamped North American trade agreement with Canada and Mexico as a breakthrough for U.S. workers on Monday, vowing to sign it by late November.
But it still faces a lengthy path to congressional approval after serving for two decades as a political football for American manufacturing woes. Embracing the U.S.-Mexico-Canada Agreement, which the Canadians joined just before a Sunday midnight deadline, Trump branded it the "USMCA," a moniker he said would replace the 24-year-old North American Free Trade Agreement, or NAFTA.
The president noted that the agreement would need to be ratified by Congress, a step that could be affected by the outcome of the fall elections as Democrats seek to regain majorities in the House and Senate.
NAFTA has long been a lightning rod for criticism among labor unions and manufacturing workers since it was being negotiated in the early 1990s during President George H.W. Bush's administration and later implemented by President Bill Clinton. The new version would give U.S. farmers greater access to the Canadian dairy market.
But it would keep the former North American Free Trade Agreement dispute-resolution process that the U.S. wanted to jettison. It offers Canada protection if Trump goes ahead with plans to impose tariffs on cars, trucks and auto parts imported into the United States. We look into how USMCA will impact California.
With files from the Associated Press
Guest:
Chris Thornberg, founding partner of Beacon Economics; director for the Center of Economic Forecasting at the UC Riverside School of Business
Are big tech companies providing the workplace services their content moderators need?
Are content moderators at risk of psychological trauma? A lawsuit filed by Selena Scola, a former content moderator at Facebook’s headquarters in Menlo Park, California, claims she developed post-traumatic stress disorder after sifting through “highly toxic and disturbing images” that violated Facebook’s terms of use.
Scola is one of roughly 7,500 content moderators around the globe that help delete graphic violence, self harm images, hate speech, and other forms of Facebook misconduct. According to the complaint, this content also entails watching videos and livestreams of “child sexual abuse, rape, torture, bestiality, beheadings, suicide and murder.”
The suit, filed in San Mateo County Superior Court, is asking for a Facebook-funded medical monitoring program that would help maintain a safe workplace. The fund would provide content moderators with medical testing and psychiatric treatment. The lawsuit is seeking class action status. We discuss.
We reached out to Facebook for a comment, and as of the recording of this segment we have not received a response to our request. If they respond to our request we will update this segment
Guests:
Steve Williams, attorney at Joseph Saveri, the law firm representing the plaintiff
Emanuel Maidenberg, clinical professor of psychiatry and biobehavioral sciences at UCLA