CLE-Accredited Interviews with the Titans of Law

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The California MCLE Podcast by TalksOnLaw includes all 25 hours needed for California’s MCLE requirement – including special categories. MCLE Podcast membership lasts for one year from signup. Now save 30% on annual membership.


The TalksOnLaw MCLE Podcast offers interactive CLE/MCLE credit to satisfy all 25 hours of CLE required by the State Bar of California.  Enjoy our evolving catalog of podcast interviews with the titans of law

 


154
Regulating Cryptocurrency after FTX

How are cryptocurrencies treated by the U.S. government?  Former Chairman of the CFTC and a pioneer of crypto regulation, Christopher Giancarlo breaks down the crypto-regulatory landscape. Giancarlo explains why some crypto is treated as a commodity, others as a security, while others may not be regulated at all (yet). In a time of extreme volatility in the crypto markets, Giancarlo explores FTX, Bitcoin, stablecoins, DAO's, enforcement actions by the CFTC, the SEC under Chairman Gary Gensler, and the future of crypto regulation.  Finally, Giancarlo looks at the "digital dollar" and discusses with Joel how issues such as privacy and the 4th Amendment would apply to U.S. fiat cryptocurrency.

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153
God & Football after Bremerton

In the religious freedom case, Kennedy v. Bremerton School District (2022), the Supreme Court weighed in on the role of God in football in American public schools. Professor Sarah Barringer Gordon (UPenn Law) explains the case, its impact on the First Amendment's Establishment Clause separating church and state, and the unusual history of religion and football at the Supreme Court.

In Bremerton, the Court decided whether a public school football coach named Joseph Kennedy violated the Establishment Clause by prominently praying at midfield after games. The Court found in favor of the coach and determined that his actions were protected by the Free Speech and Free Exercise protections of the First Amendment.  Finally, Prof. Gordon explains the historical ebb and flow of Establishment Clause power and lays out the Court’s new test for evaluating potential violations of church and state after Kennedy v Bremerton.

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152
Recusal & the Bounds of Judicial Bias

With incredible powers to make life-changing decisions involving liberty and fortune, judges are expected to make decisions with a threshold level of neutrality.  In this conversation, we explore the limits of that threshold. When does judicial bias legally or ethically preclude a judge from hearing a case?  Alicia Bannon (director of the Judiciary Project at the Brennan Center for Justice) explains the laws and limits on judicial recusal and where gray areas remain. 

Bannon draws on contentious contemporary examples such as cases involving Justice Thomas and his wife’s connection to cases involving January 6th as well as cases relating to former President Trump.  Bannon explains that the constitutional test for recusal (under the Due Process protections) is “serious risk of actual bias.”  The conversation goes on to explore the limits of that test and potential reforms to improve the integrity of U.S. courts.

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Legal Ethics
151
Gun Law after Bruen

On June 23rd, 2022 the Supreme Court decided the landmark gun rights case New York State Rifle and Pistol Association Inc. v. Bruen. The case, widely seen as a win for advocates of personal gun rights, fundamentally altered the test that courts use to evaluate constitutionality under the 2nd Amendment and expanded gun rights outside of the home. Prof. Joseph Blocher of Duke Law School explains how Bruen fits into the evolving Second Amendment doctrine. 

In Bruen, Justice Thomas writing for the majority knocks down New York's concealed carry law and along with it calls into question laws in other states where significant discretion is given to the state in determining whether they may issue a permit. As Prof. Blocher explains, the case further replaces the two-part Second Amendment test used by the nation's circuit courts of appeals in favor of a new test focused on historical tradition.  After analysis of the decision of the court as well as concurring and dissenting opinions, Blocher goes on to explore the impact of Bruen on laws and individuals across the nation.

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150
WV v. EPA and the Major Questions Doctrine

On June 30th, 2022, the Supreme Court decided West Virginia v. Environmental Protection Agency (EPA), limiting the EPAs ability to regulate greenhouse gas emissions. Beyond its direct impact on climate policy, the case significantly impacts administrative power by supercharging a new legal regime - the “major questions doctrine.” Environmental law and administrative law expert, Professor Lisa Heinzerling (Georgetown Law Center) unpacks the Court’s decision in WV v. EPA and explains the broad powers of the judicial doctrine.

Prof. Heinzerling goes on to explain how major questions may prove to be the death knell for a prior test known as “Chevron deference.” Where Chevron assured judicial restraint toward federal policy, major questions now threatens to stymie agency action on some of the most critical and contentious issues of the moment, from climate change policy and far beyond.

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149
Driverless Cars—A Shift in Risk

 When algorithms take the wheel and human drivers move to the back seat, who's to blame when an accident occurs? The future of driverless cars is already here, with Waymo test offering its autonomous taxi service in Phoenix, AZ and more companies like GM, Nissan, and even Amazon entering the race to market. As driverless cars become the norm, the laws governing its development and use will have to adapt accordingly. RAND Corporation’s James Anderson discusses the complicated legal and policy issues that will need to be contemplated, including tort liability, the insurance regime, cybersecurity, and the regulatory framework.

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148
Assisted Reproduction and Parental Rights

More than ever before, Americans are turning to assisted reproduction to start their families.  In this interview, leading family law expert Professor Douglas NeJaime (Yale Law School) explains how U.S. laws are attempting to catch up to this shift.  Traditionally parental rights are based on the marital presumption – the parents are, by default, the woman who birthed the child and her husband.  This can then result in the denial of parental rights to non-biological mothers or fathers who start a family using assisted reproduction. In these circumstances, states may assign parental rights to the egg donor, sperm donor, or surrogate, despite the intentions and sometimes written agreements of the parties. Finally, Prof. NeJaime discusses how new laws in a number of states  better fit modern reproduction practices and rethinks what it means to be a legal parent.

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147
The Leaked Opinion, Dobbs v. Jackson

On May 2, 2022, Politico published a leaked initial draft majority opinion of Dobbs v. Jackson Women’s Health Organization that was predicted to be released in June. Chief Justice John Roberts confirmed the authenticity of the leaked opinion and stressed that the draft was not final. In the draft opinion authored by Justice Samuel Alito, the Supreme Court strikes down Roe v. Wade and Planned Parenthood v. Casey and upholds a Mississippi law banning abortions after 15 weeks of pregnancy. TalksOnLaw’s Joel Cohen unpacks Alito’s leaked opinion in which Alito traces the history of abortion laws in the U.S., explains the reasoning for overturning Roe, and addresses stare decisis.

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146
Human Information Privacy (Part 2)

As troves of personal data are collected, stored, and used by governments and private companies in today’s digital age, privacy is becoming an increasing concern. Privacy is essentially about setting boundaries to limit the power that information confers on entities, whether public or private, over individuals. Without adequate privacy safeguards, governments have a blank check to interfere in legitimate political exercise. Companies are free to manipulate consumers through “dark patterns” and presenting an illusion of choice. Professor Neil Richards of the University of Washington in St. Louis School of Law explores where the U.S. legal framework potential falls short, namely in consumer protection against private entities, and the problems he sees ripe for reform. He proposes a few starting points to craft meaningful regulations for privacy, including combating deception and restricting surveillance-based advertising.

 

Watch Part 1 of Human Information Privacy.

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145
Human Information Privacy

As troves of personal data are collected, stored, and used by governments and private companies in today’s digital age, privacy is becoming an increasing concern. Privacy is essentially about setting boundaries to limit the power that information confers on entities, whether public or private, over individuals. Without adequate privacy safeguards, governments have a blank check to interfere in legitimate political exercise and companies are free to manipulate consumers through “dark patterns.” Professor Neil Richards of Washington University in St. Louis School of Law discusses why privacy matters in the digital age and the current framework of constitutional protections against government surveillance. He then explores where the U.S. legal framework falls short, namely in consumer protection against private entities, and the ways in which the digital world is designed by tech companies to steer consumers into giving up ever more personal information.

 

Watch Part 2 of Human Information Privacy.

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144
Cyberattack as Use of Force (Part 2)

Cyberwarfare has muddled the understanding of what constitutes the use of force and armed attacks under international law. The 2022 Russian invasion of Ukraine has once again highlighted the risks that states and private entities face in the new realm of cyberwarfare and the need for establishing and clarifying international norms in this context. The Biden administration in March urged private entities to bolster their cyber defenses and warned that the U.S. was prepared to use all tools available to respond to cyberattacks. Under international law, whether those tools may include military responses hinges on determining that a cyberattack is an unlawful use force equivalent to an armed attack. Professor Duncan Hollis of Temple Law explains the standards proposed to assess whether a cyberattack amounts to a use of force and how states may respond when non-state actors engage in cyber operations. Lastly, he discusses influence operations, a type of cyber operation targeted at a certain population designed to affect behaviors or attitudes, and to what extent international laws and norms apply when influence operations do not involve use of force.

 

Watch Part 1 of Cyberattack as Use of Force.

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143
Cyberattack as Use of Force

Cyberwarfare has muddled the understanding of what constitutes the use of force and armed attacks under international law. The 2022 Russian invasion of Ukraine has once again highlighted the risks that states and private entities face in the new realm of cyberwarfare and the need for establishing and clarifying international norms in this context. The Biden administration in March urged private entities to bolster their cyber defenses and warned that the U.S. was prepared to use all tools available to respond to cyberattacks. Under international law, whether those tools may include military responses hinges on determining that a cyberattack is an unlawful use force equivalent to an armed attack. Professor Duncan Hollis of Temple Law explains the development of international cyberspace law, starting with the preliminary questions of whether and how existing international laws apply. He explores the issues with international law’s application to cyberspace, including interpretive disagreements among states and the challenges of developing norms when cyber activities are covert.

 

Watch Part 2 of Cyberattack as Use of Force.

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142
Law of Bourbon

Bourbon is a uniquely American spirit and has played an outsized role in developing important aspects of American law. Bourbon history is peppered with dramatic legal battles and legal innovations, whether it’s laying the foundation for trademark protections or establishing the concept of brand name in the 1800s. Brian Haara, attorney and author of Bourbon Justice: How Whiskey Law Shaped America, explains how bourbon is legally defined and explores the whiskey’s shady past and the legal concepts that bourbon helped build, from trademark to consumer protection to truth in advertising.

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141
Press Freedom vs. Privacy—Newsworthiness in a Self-Publishing Era (Part 2)

The First Amendment provides broad but not absolute freedom of press protections. Louis Brandeis and Samuel Warren first famously articulated the right to privacy in 1890, a “right to be let alone” from undue prying by the press in private matters. While historically the press has enjoyed considerable latitude in determining what is newsworthy and publishable, there have been recent movements in the courts to constrict press freedoms and broaden individual privacy rights. Professor Amy Gajda of Tulane Law School examines how the concept of newsworthiness has evolved and what happens to press freedoms when “quasi-journalists,” self-publishers, bloggers and the like who don’t abide by traditional ethics codes overstep the editorial line.

 

Watch Part 1 of Press Freedom vs. Privacy.

 

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140
Press Freedom vs. Privacy—Newsworthiness in a Self-Publishing Era

The First Amendment provides broad but not absolute freedom of press protections. Louis Brandeis and Samuel Warren first famously articulated the right to privacy in 1890, a “right to be let alone” from undue prying by the press in private matters. While historically the press has enjoyed considerable latitude in determining what is newsworthy and publishable, there have been recent movements in the courts to constrict press freedoms and broaden individual privacy rights. Professor Amy Gajda of Tulane Law School examines how the concept of newsworthiness has evolved and what happens to press freedoms when “quasi-journalists,” self-publishers, bloggers and the like who don’t abide by traditional ethics codes overstep the editorial line.

 

Watch Part 2 of Press Freedom vs. Privacy.

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139
Investigating the Client

An Ethical Dilemma

If a lawyer suspects, but does not know, that a client or potential client is seeking their services to engage in criminal activity, can they still offer legal counsel? When does a lawyer have a duty to investigate her own clients? In its Formal Opinion 491 issued in 2020, the American Bar Association addressed lawyers’ obligations to inquire further to determine whether a client may be attempting to perpetrate a crime or fraud. Professor Peter Joy, legal ethics scholar, explains the ethics rules governing the lawyer’s scope of representation. He examines the standards put forth in Opinion 491 and raises surprising questions as to whether such standards actually fit with the ethics rules as they are drafted.

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Legal Ethics
138
Memory Evidence (Part 2)

Neuroimaging in the Courts

In 2008, a woman in India was convicted of murder for the death of her fiancé on the basis of evidence derived from a brain-based memory detection exam. The test measured brain activity which purportedly indicated that she had personal knowledge of the poisoning of the victim. While such technology is highly controversial and not in common use in U.S. courts, significant advances in brain science now justify analysis of both the potential applications of memory evidence as well as the constitutional implications of doing so.

In part 2 of this 2-part interview, Professor Emily Murphy of UC Hastings Law evaluates how evidence from brain-based memory detection may be admitted in courts under Daubert. She then explores whether such evidence should be admitted even if the technology were perfect, given technological and biological limits, and how it may infringe upon constitutional and privacy rights if the government compels individuals to undergo brain imaging to decode memories.

Watch Part 1 of Memory Evidence.

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137
Memory Evidence

Neuroimaging in the Courts

In 2008, a woman in India was convicted of murder for the death of her fiancé on the basis of evidence derived from a brain-based memory detection exam. The test measured brain activity which purportedly indicated that she had personal knowledge of the poisoning of the victim. While such technology is highly controversial and not in common use in U.S. courts, significant advances in brain science now justify analysis of both the potential applications of memory evidence as well as the constitutional implications of doing so.

In part 1 of this 2-part interview, Professor Emily Murphy of UC Hastings Law explains the current state of brain-based memory detection technology and how it differs from lie detection tests. She discusses the hypothetical use cases for forensic purposes and the framework for admissibility of expert testimony under the Daubert standard.

Watch Part 2 of Memory Evidence.

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136
Ethics and Batson

Excluding Jurors Based on Race

The United States has a long history of racial discrimination in juries. In 1875, Congress passed the Civil Rights Act which prohibited race-based discrimination in jury service. Yet, states continued to remove Black prospective jurors, by instituting vague requirements for jury service or designating prominent citizens to compile juror lists, and then shifted to excluding jurors from jury selection from around the 1960s.  Despite the landmark 1986 case Batson v. Kentucky in which the Supreme Court held that the state may not use peremptory challenges to exclude jurors solely on the basis of race and set out a standard to determine whether a peremptory strike was discriminatory, the practice persists today. Legal ethics scholar Professor Peter Joy explains the Batson standard and the ways in which the framework falls short. He discusses the legal ethics of racial discrimination in jury selection and considers alternatives to peremptory challenges to combat discrimination.

 

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Legal Ethics
135
Policing the Police (Part 2)

Police officers have broad authority and discretion to enforce order — they can take property, stop, detain, and arrest people — at times under threat of lethal force. With such great power comes a significant risk of abuse, evidenced by the high-profile instances of brutality and misconduct. The challenge of regulating police is crafting effective and tailored rules to allow police officers to do their jobs of maintaining public safety and promoting order without infringing on individual rights or causing other unintended harm. In this conversation, we explore the laws that regulate the police with Professor Rachel Harmon of UVA Law and the director of its Center for Criminal Justice.

In part 2 of this 2-part series, Professor Harmon explains the constitutional right to record the police and under what circumstances that right may be limited, and explores the potential federal reforms that may bring about systemic changes in policing.

Watch Part 1 of Policing the Police.

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134
Policing the Police

Police officers have broad authority and discretion to enforce order — they can take property, stop, detain, and arrest people — at times under threat of lethal force. With such great power comes a significant risk of abuse, evidenced by the high-profile instances of brutality and misconduct. The challenge of regulating police is crafting effective and tailored rules to allow police officers to do their jobs of maintaining public safety and promoting order without infringing on individual rights or causing other unintended harm. In this conversation, we explore the laws that regulate the police with Professor Rachel Harmon of UVA Law and the director of its Center for Criminal Justice.

In part 1 of this 2-part series, Professor Harmon explains the jurisprudential framework of policing. She then explores the constitutional and statutory limits of police conduct, including the use of deadly and non-deadly force in police-citizen encounters, arrests for protests and verbal opposition, and “contempt of cop” or retaliatory arrests.

Watch Part 2 of Policing the Police.

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133
A Failure of Forensics (Part 2)

Problems in forensic labs have contributed to scores of wrongful convictions, resulting in innocent individuals being imprisoned for years, sometimes decades. In recent years, major scandals have revealed problems at labs because of inadequate resources, lack of standards and oversight, management issues, and insufficient training. In part 2 of this 2-part series, Professor Brandon Garrett and Dr. Peter Stout discuss how the Houston Forensic Science Center (often regarded as a model of reform) operates, including implementing blind quality control programs and independent oversight. They explore the legal and policy changes that can be instituted at the lab level and systemwide to address the failures in forensic labs.

 

Watch Part 1 of A Failure of Forensics.

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132
A Failure of Forensics

Problems in forensic labs have contributed to scores of wrongful convictions, resulting in innocent individuals being imprisoned for years, sometimes decades. In recent years, major scandals have revealed problems at labs because of inadequate resources, lack of standards and oversight, management issues, and insufficient training. In part 1 of this 2-part series, Professor Brandon Garrett of Duke Law School and Dr. Peter Stout of the Houston Forensic Science Center explain the impact forensic evidence can have at trial and the severe consequences when forensic labs get it wrong. They discuss the sway of forensic evidence among juries, how judges determine the admissibility of forensic evidence, and the role of defense attorneys in the courtroom.

 

Watch Part 2 of A Failure of Forensics.

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131
The Ethical Limits of Negotiations (Part 2)

Ethics rules guide lawyer behavior, tactics, and strategy in negotiations. The rules prescribe the duties and responsibilities with regard to the client-lawyer relationship and to opposing counsel and third parties. Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 2 of this 2-part series, she explores the tactics and behaviors permissible and impermissible, including bullying and threats, and the concept of fairness in negotiations.

 

Watch Part 1 of The Ethical Limits of Negotiations.

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Legal Ethics
130
The Ethical Limits of Negotiations

Ethics rules guide lawyer behavior, tactics, and strategy in negotiations. The rules prescribe the duties and responsibilities with regard to the client-lawyer relationship and to opposing counsel and third parties. Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 1 of this 2-part series, she explores the rules on truthful statements, fraud, misrepresentation, and disclosure; facts versus opinions; and the tactics and behaviors permissible and impermissible in negotiations, including bluffing and puffing.

 

Watch Part 2 of The Ethical Limits of Negotiations.

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Legal Ethics
129
COVID-19 Vaccine Mandates

With COVID-19 vaccinations lagging, some states, universities, and other businesses have turned to vaccine mandates, requiring employees and or customers be vaccinated. In contrast, other states like Arkansas, Montana, and Utah have passed legislation restricting vaccination requirements. Professor Dorit Reiss of UC Hastings Law explains the constitutionality of vaccine mandates and the open question of whether vaccines approved under emergency use authorization or "EUAs" may be mandated. She explains the divergent paths states, employers, and universities have taken and the mounting legal challenges against each of these laws and policies.

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128
Combatting Wildfires

The western United States is now experiencing four times more wildfires than ever before. In recent years, wildfires have become larger and more frequent, threatening lives and devastating local communities. A century of wildland fire management policy, climate change, and land development patterns in the West have created a perfect storm of a wildfire crisis. Professor Stephen R. Miller examines the factors proliferating wildfires and complicating effective wildland fire management, including the regulatory structure and the patchwork of federal, state, local, and tribal agencies responsible for fire planning and response.

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127
Who's Liable After GameStop: Litigators' Take

In early 2021, shares of GameStop (GME) spiked, jumping nearly 1000% amid weeks of volatile trading. In the aftermath, several players, including Robinhood, Redditors, and market makers like Citadel face increased risk of liability and regulatory scrutiny for their roles in the GameStop saga. Kenneth Breen and Phara Guberman, partners at Paul Hastings, explain how the events unfolded and break down the legal issues involved, including market manipulation, breach of contract, and potential FINRA violations. They discuss the standards required to show pump and dump schemes and case law that may provide color on how the events should be evaluated.

 

Watch Who's Liable After GameStop: A Law Professor's Take.

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126
Who's Liable After GameStop: A Law Professor's Take

In early 2021, shares of GameStop (GME) spiked, jumping nearly 1000% amid weeks of volatile trading. The rally was initially spurred by discussions of shorting the stock in the Reddit subreddit r/wallstreetbets, and many of those traders flocked to Robinhood, an online broker-dealer known for its commission-free trades. At the height of activity, Robinhood temporarily restricted trading of GME and other similar stocks. In the aftermath, several players, including Robinhood, Redditors, and market makers like Citadel face increased risk of liability and regulatory scrutiny. Corporate and securities law professor James Cox discusses the conditions that created the GameStop saga, its potential impact on the capital markets, and how regulators may review the trading frenzy.

 

Watch Who's Liable After GameStop: Litigators' Take.

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125
Climate Change Law Under Biden

The climate crisis threatens global food, health, housing, and social security and displace millions, if not billions, of people. A major cause of rapid climate change is the dramatic increase in greenhouse gas (GHG) emissions in the atmosphere driven by human activity over the past century. In fact, the past five years have been the five warmest years on record, and all signs point to a continuing trend unless massive steps are taken to slow down and reverse the tide. The international community has been grappling with climate change for decades. Under the Kyoto Protocol, adopted in 1997 and entered into force in 2005, signatory states committed to reducing GHG emissions, but the United States notably did not sign on. In 2015, over 190 countries, including the U.S., adopted the Paris Agreement under which countries pledged to a more flexible framework with strengthened GHG emissions reduction goals. Michael Gerrard, professor at Columbia Law School and the faculty director of the Sabin Center for Climate Change law, examines the international and domestic framework of climate change law, including the development of the Kyoto Protocol and Paris Agreement, and the evolution of domestic policies under the past two administrations and how some states have responded.

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124
Abandoned DNA and the Ownership of Sperm (Part 2)

Are DNA, human tissue, and sperm "property"? What rights do you have over discarded DNA or cells that you shed everyday? Can you be sued for paternity for donating sperm or "stolen" sperm? Professor Glenn Cohen explores these questions and more.

Watch Part 1 of Abandoned DNA and the Ownership of Sperm.

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123
Abandoned DNA and the Ownership of Sperm

Are DNA, human tissue, and sperm "property"? What rights do you have over discarded DNA or cells that you shed everyday? Can you be sued for paternity for donating sperm or "stolen" sperm? Professor Glenn Cohen explores these questions and more.

Watch Part 2 of Abandoned DNA and the Ownership of Sperm.

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122
Lawyering Beyond State Lines

Drafting client emails on an airplane, reviewing an agreement while vacationing out-of-state - lawyers all do this, but are they running afoul of ethics rules? As clients are increasingly doing business across multiple state lines, today's lawyers need to know the pitfalls and safe harbors in multijurisdictional practice. Sarah McShea, legal ethics guru, breaks down this murky area.

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Legal Ethics
121
A Different Path to the Bench

Despite increasing numbers of minorities and women in law schools and state bars, there continues to be a lack of diversity in the judiciary. As the first female South Asian judge in New York, Judge Rajeswari talks about her unique path to the judgeship and why diversity on the bench matters.

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Elimination of Bias in the Legal Profession
120
The Dangers of a Lateral Move

What are the do's and don'ts for lawyers making lateral jumps from one firm to another? Sarah McShea, legal ethics guru, reveals the hidden dangers and breaks down the ethics minefield in conflicts, communications with client, fiduciary duties to the law firm, and more.

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Legal Ethics
119
When Law Firms Collapse

When law firms fail, they don't just dissolve - they implode. John Morley of Yale Law explains the unique fragility that has resulted in the spectacular collapse of firms like Dewey LeBoeuf, Howrey, and Brobeck.

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118
Overachieving, Anxiety, & Addiction (Part 2)

Lisa was a young, high-powered corporate attorney in the ‘90s, in denial of her alcohol dependency and hiding her spiraling addiction until she couldn’t. Unfortunately, Lisa’s experience isn’t uncommon in the legal profession—a quarter of lawyers qualify as problem drinkers. Lisa chronicles her own struggle with alcohol and substance abuse and road to recovery, and discusses the strategies and resources available to lawyers and employers to improve lawyer well-being.

Watch Part 1 of Overachieving, Anxiety, & Addiction.

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Competence Issues
117
Overachieving, Anxiety, & Addiction

Lisa was a young, high-powered corporate attorney in the ‘90s, in denial of her alcohol dependency and hiding her spiraling addiction until she couldn’t. Unfortunately, Lisa’s experience isn’t uncommon in the legal profession—a quarter of lawyers qualify as problem drinkers. In this 2-part series, Lisa chronicles her own struggle with alcohol and substance abuse and road to recovery, and discusses the strategies and resources available to lawyers and employers to improve lawyer well-being.

Watch Part 2 of Overachieving, Anxiety, & Addiction.

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Competence Issues
116
Using Lawyers to Launder Money

When criminals use shell companies, offshore bank accounts, and real estate as money laundering vehicles, lawyers, whether knowingly or unknowingly, assist these transactions. Professor William Simon explains how an unwitting lawyer could be complicit in the money laundering enterprise, the basics of money laundering laws and the risk factors, and suggests best practices for lawyers.

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Legal Ethics
115
From Super PACs to Dark Money (Part 2)

American political campaigns are increasingly financed by Super PACs and shadowy nonprofits. Some believe that too much money being funneled by special interest groups and wealthy donors opens the door to corruption and influence buying. Host Suraj Patel sits down with Professor Briffault to explore campaign finance laws and the key issues of contention to get to the bottom of this complicated debate.

Watch Part 1 of From Super PACs to Dark Money.

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114
From Super PACs to Dark Money

American political campaigns are increasingly financed by Super PACs and shadowy nonprofits. Some believe that too much money being funneled by special interest groups and wealthy donors opens the door to corruption and influence buying. Host Suraj Patel sits down with Professor Richard Briffault to explore campaign finance laws and the key issues of contention to get to the bottom of this complicated debate.

Watch Part 2 of From Super PACs to Dark Money.

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113
The Right to an Attorney - Currently Under Threat

The Sixth Amendment provides a right to counsel for indigents in criminal cases, but that right may be an empty promise when public defense organizations lack funding to provide adequate assistance. Seymour James, Attorney-in-Chief of The Legal Aid Society, explains the impact on access to justice for the poor when that right is undermined.

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Legal Ethics
18
The Battle at the Ballot: Voting Rights Act Today

50+ years after the end of Jim Crow, voting rights remains a hotly contested issue. Professor Issacharoff explains to guest host Suraj Patel the history of voter suppression and the Voting Rights Act, and breaks down the modern debate to its elements.

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17
Space Law — Rights and Resources (Part 2)

At the height of the space race in the 1960s, countries around the world first ratified the Outer Space Treaty to prevent any nuclear conflict from extending into outer space and to ensure its use for peaceful purposes. Today, there’s a new kind of space race, one that involves private tourism and resource mining and extraction. And with more players in the mix, including nation-states like India and China and private companies like Blue Origin and SpaceX, how will existing treaties and customary international law apply? In part 2 of this 2-part series, space law expert Professor Frans von der Dunk discusses how the Outer Space Treaty applies to space tourism and other private space activities and explains the laws on militarization and weaponization of space.

 

Watch Part 1 of Space Law — Rights and Resources.

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16
Space Law — Rights and Resources

At the height of the space race in the 1960s, countries around the world first ratified the Outer Space Treaty to prevent any nuclear conflict from extending into outer space and to ensure its use for peaceful purposes. Today, there’s a new kind of space race, one that involves private tourism and resource mining and extraction. And with more players entering the field, including nation-states like India and China and private companies like Blue Origin and SpaceX, how will existing treaties apply? Space law expert Professor Frans von der Dunk explores how the Outer Space Treaty and customary international law applies to modern space activities and addresses the open questions of property rights for celestial and lunar natural resources and liability issues when private enterprises operate in space.

 

Watch Part 2 of Space Law — Rights and Resources.

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15
When Lawyers Break the Law

Lawyers defend clients when they get in trouble with the law, but what happens when lawyers break the law? They could be subject not only to the criminal justice system but also the legal profession's disciplinary system. Hal Lieberman shares his wisdom with host, Joel Cohen.

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Legal Ethics
14
Regulating Finance: Dodd Frank Decoded

The Dodd-Frank Act was enacted as a response to the Great Recession of 2007, but what does this complex regulation do and has it fixed the problems or addressed the causes of the financial meltdown? Annette Nazareth explains.

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13
Lawyers with Bias

A Look at Implicit Bias in the Legal Profession

We all hold implicit biases which create blind spots that subconsciously affect our understanding and decision-making. Implicit bias has insidious consequences that continue to contribute to low diversity and inclusion rates in law. Paulette Brown, the first woman of color to be president of the American Bar Association, offers concrete examples of biases at play in the legal profession, and what lawyers, firms, and companies can do to mitigate its harmful effects.

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Elimination of Bias in the Legal Profession
12
The Weapons of a Hostile Takeover

The poison pill, Pac-Man, golden parachute - these hostile takeover defense mechanisms have colorful names, but what do they all mean? Professor Morley breaks them down and explains how the laws have changed the landscape of M&A since the 1980s.

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11
From Facebook to Tinder: The Ethics of Social Media

Facebook friending a judge, telling a client to "clean up" his Facebook, or an attorney tweeting, "Who wants to win next?" Nicole Hyland explains the common and uncommon ethical pitfalls in attorneys' social media use.

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Legal Ethics
10
Fashion Piracy & Anti-Counterfeiting

Counterfeiting has become exceedingly lucrative and is no longer limited to handbags and watches. Knock-offs include everything from medications to children's toys and food. Heather McDonald delves into the effects of this illicit industry and explains how she and others are combatting counterfeiters through legal means.

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General
9
The Power of the Prosecutor (Part 2)

Prosecutors hold immense power and discretion to inalterably change the lives of those they pursue. What limitations and responsibilities do they have in wielding this power? Hear from former prosecutors Professors Green and Roiphe as they discuss the broad discretionary powers prosecutors exercise and the ethical standards they must meet.

Watch Part 1 of The Power of the Prosecutor.

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Legal Ethics
8
The Power of the Prosecutor

Prosecutors hold immense power and discretion to inalterably change the lives of those they pursue. What limitations and responsibilities do they have in wielding this power? Hear from former prosecutors Professors Green and Roiphe as they discuss the broad discretionary powers prosecutors exercise and the ethical standards they must meet.

Watch Part 2 of The Power of the Prosecutor.

0.5 CREDITS
Legal Ethics
7
Dance as Intellectual Property

For a spectacular dance performance, many elements have to come together - choreography, dancers, music, the set, costumes - and surprisingly a good deal of lawyering. Elena Paul of Alvin Ailey Dance Company discusses the legal issues involved in running a premiere dance company and the intellectual property rights in dance.

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General
6
Celebrity Justice & High Profile Defense

What goes into defending high-profile clients in criminal trials? Hear from veteran criminal defense attorney Benjamin Brafman on the unique challenges. Brafman discusses media strategy, cameras in the courtroom, maintaining attorney-client confidentiality, and the public's misperception of special treatment for celebrity defendants.

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General
5
Police Technology - From Body Cameras to Facial Recognition

Rapid technological advancement is changing the way the law enforcement operate and interact with the public. Professor Bennett Capers explains how new technologies are being used by police departments across the country and the legal issues implicated.

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4
Selling Human Organs

With over 100,000 Americans waiting for life saving organ transplants, why are human organ sales criminally prohibited? Harvard professor and leading expert Glenn Cohen breaks down the regulations governing organ transplantation, describes the dangers of transplant tourism, and suggests alternative schemes that we may see in the coming years.

 

1.0 CREDITS
General
3
Selling Human Organs

With millions of Americans waiting for life saving organ transplants, why are human organ sales criminally prohibited? Harvard professor and leading expert Glenn Cohen breaks down the regulations governing organ transplantation, describes the dangers of transplant tourism, and suggests alternative schemes we may see in the coming years.

Watch Part 2 of Selling Human Organs.

0.5 CREDITS
General