Illinois MCLE Podcast

For more than a decade, Brad Karp has led Paul, Weiss during a period of significant growth and change, including its emergence as one of the most profitable firms in BigLaw. In this episode, Karp describes how large law firms are built, governed, and sustained over time.Karp discusses how Paul, Weiss evolved from a litigation-heavy firm into a more diversified platform spanning private equity, public M&A, restructuring, and regulatory defense; how major client relationships influenced firm strategy; and how consensus governance and partnership norms operate as firms grow in size and complexity. The conversation also addresses senior-level recruiting, practice-group development, geographic expansion, and the challenges of making long-term investments while maintaining institutional culture.Executive Order Insights: The podcast concludes with a candid discussion of the impact and decision make in the wake of the executive actions directed at major firms such as Paul, Weiss, and what those events revealed about risk, resilience, and structures inside large partnerships.This episode is part of New Law Order, a TalksOnLaw limited series and standalone podcast co-hosted by Joel Cohen and John Morley, whose scholarship focuses on the structure and economics of law firms.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

For more than two centuries, the American legal system has operated on a core assumption: lawyers are not punished for the conduct or politics of their clients. In this episode of New Law Order, Jeffrey Toobin examines what happens when that premise is tested by executive power. The interview is co-hosted by Joel Cohen, founder of TalksOnLaw, and John Morley, a Yale Law School professor whose scholarship focuses on the structure and economics of law firms. Together, they explore how executive actions directed at major firms—absent allegations of illegality—operate less as regulation and more as deterrence, why some firms chose litigation while others accommodated, and what these choices reveal about institutional risk, professional independence, and the resilience of the adversarial system under political pressure.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Free speech has long been a constitutional cornerstone in the United States—but in recent years, calls for censorship have surged. Whether in response to hate speech, misinformation, or online harm, efforts to restrict expression are on the rise. In this provocative conversation, former ACLU president and NYU Law Professor Nadine Strossen mounts a powerful defense of the First Amendment. Drawing from her latest book, War on Words: 10 Arguments Against Free Speech—And Why They Fail, Strossen explores the legal doctrines that protect speech, explains why censorship often backfires, and warns of the dangers in allowing government or platforms to decide which ideas are acceptable. A must-listen for anyone concerned about the future of civil liberties.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

When a string of 2025 executive orders barred select law firms from federal buildings, revoked security clearances, and threatened to cancel their clients’ government contracts, Big Law took notice. Yale Law professor John Morley—author of Why Law Firms Collapse—joins Talks On Law host Joel Cohen to explain:* how the orders leverage client pressure to destabilize even thriving partnerships;* the “bank-run” dynamic of partner exits and collapsing profits-per-partner;* bankruptcy claw-back rules and unfinished-business liability that haunt partners who stay;* ethics constraints under Model Rules 5.4 and 5.6 that limit outside capital, speed lawyer mobility, and allow for this unique risk;* why transactional giants settled while litigation shops fought—and the reputational trade-offs for both.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Growing evidence links heavy social‑media use to rising anxiety, bullying, and sextortion among kids, and state lawmakers are racing to respond. In this interview, Harvard Law School’s Leah Plunkett—reporter for the Uniform Law Commission’s child‑influencer act—and University of Virginia family‑law scholar Naomi Cahn examine how new statutes seek to verify age, require parental consent, and redesign feeds to curb addictive features.Plunkett and Cahn compare Florida’s and Utah’s sweeping under‑14 account bans with New York’s pending “SAFE for Kids Act,” explore design mandates such as late‑night notification curfews, and explain why long‑standing COPPA rules leave teens largely unprotected. They unpack First Amendment and privacy challenges already moving through the courts, highlight emerging “digital Coogan” laws that safeguard child‑creator earnings, and note international moves—from Australia’s proposed under‑16 ban to the U.K.’s Age‑Appropriate Design Code.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Digital platforms now enable the near-instantaneous distribution of information, including misinformation and disinformation, to vast audiences. Disinformation refers to false or manipulated information deliberately created to deceive, whereas misinformation is inaccurate or misleading information that is sometimes shared without harmful intent. Professor Barbara McQuade—a former U.S. attorney and current professor of National Security Law at the University of Michigan Law School—explores these challenges and the legal weapons to combat them, noting that disinformation currently poses one of the biggest threats to national security.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

As artificial intelligence systems become increasingly expensive and resource dependent to develop, a question arises: Are we witnessing the emergence of AI as a natural monopoly? In this conversation, Berkeley Law Professor Tejas Narechania explores how the market forces driving AI consolidation create both efficiency and significant legal risks.Professor Narechania explains the structural conditions under which a natural monopoly can form—where the high costs of developing foundational AI models and the competitive advantages of massive datasets create significant barriers to entry. He discusses how antitrust principles, network effects, and accountability risks must be considered when regulating AI market power.Throughout the discussion, Professor Narechania draws on historical parallels in telecommunications law and explores potential legal tools, including interoperability requirements, national security concerns, and public infrastructure models to improve outcomes without stifling innovation.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The legal profession faces alarmingly high rates of substance abuse and mental health challenges. In this conversation, Brian Cuban, attorney, author, and addiction recovery advocate, explores the systemic and cultural factors contributing to addiction among lawyers and provides actionable strategies for prevention and recovery.Cuban shares his deeply personal journey of battling addiction and rebuilding his life, offering valuable insights into how stigma, stress, and the “work hard, play hard” culture exacerbate the problem. He discusses the role of Lawyers’ Assistance Programs (LAPs), the importance of creating supportive environments within law firms, and the ethical obligations attorneys must navigate when facing addiction.Throughout the discussion, Cuban examines the legal structures that protect confidentiality and promote recovery, as well as innovative approaches to fostering well-being in the profession and provides tools to help lawyers recognize, address, and prevent substance abuse while maintaining competence and ethical integrity.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

AI is changing how lawyers do their work and raising questions about how lawyers can harness artificial intelligence consistent with their professional responsibilities. Georgetown Law Professor Tanina Rostain answers questions about the transformative impact of AI on the legal profession and how the rules of professional conduct apply to the new ways that attorneys use AI to conduct research, draft documents, and interact with clients. How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The sale and production of lab-grown meat have been criminalized in Florida and Alabama, with other states considering similar legislation. Food law expert Professor Michael Roberts from UCLA Law School explains what the new laws do as well as how they fit into the federal regulatory framework and the historical context of food law and politics in the United States.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Prosecutors have full discretion as to both which charges to bring as well as to whether or not to bring charges at all. The power of prosecutors extends far beyond the courtroom, shaping the trajectory of countless lives through their decisions. Legal experts Bruce Green and Rebecca Roiphe delve into this immense authority in an insightful interview, exploring the nuances of prosecutorial discretion and its profound impact on the justice system. Their discussion sheds light on the ethical and constitutional standards that guide prosecutorial conduct, emphasizing the balance between power and responsibility.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The law of self-defense permits the use of deadly force under a strict set of conditions: the threat must be both imminent and unlawful, and the response, both necessary and proportionate. But what of the murkier scenarios where multiple parties, ensnared in the throes of perceived danger, believe themselves justified in their fears? Consider the tragic case of George Zimmerman and Trayvon Martin—where does the law stand when fear is misplaced, and how swiftly can one lawfully escalate to lethal force? Professor Kimberly Ferzan of the University of Pennsylvania School of Law navigates these shadowy waters and others offering her insights into the delicate balance between legal theory and the stark realities of personal safety.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

In the realm of maritime law, ships possess a unique legal characteristic: their total liability in the event of an accident is generally limited to the value of the ship post-incident. This principle, which can seem as impenetrable as the sea itself, is navigated by Professor Martin Davies, a renowned expert in maritime law. Davies explains the legal history and justification, real world tragedies and the impact of this limitation, and the cases and opinions that have shaped the law. How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Forensic science, when applied rigorously, has the power to catch and convict criminals, but when mishandled, can lead to tragic miscarriages of justice. In this eye-opening interview with Professor Brandon Garrett (Duke Law School) and Dr. Peter Stout (Houston Forensic Science Center), explore high-profile exoneration cases like those of Josiah Sutton and George Rodriguez and the systemic issues plaguing crime labs across the country.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The legal profession is known for its high-stakes, high-stress lifestyle. The dangers of stress to mind and body are similarly well known. However, as one endocrinologist famously put it, “It is not stress that kills us, it is our reaction to it.” In a time of heightened stress, we explore one potentially powerful strategy that lawyers can use to more effectively combat stress and improve their professionalism–mindfulness. As attorney and mindfulness teacher Jon Krop explains, mindfulness is the practice of being present in the moment and a practical tool to help better manage stress. Krop describes some of the unique characteristics of the legal profession that may make lawyers more prone to stress and makes the case for incorporating mindfulness and meditation to improve job performance and the health of the profession overall. This interview explores both the scientific underpinnings and benefits of mindfulness and concrete tips to incorporate mindfulness into a busy lawyer’s daily life.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast) Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

In the volatile conflict between Israel and Gaza, the line between legitimate military action and war crimes is often blurred. Professor Michael Newton, an expert in the laws of war, begins with a brief history of war crimes and how these international laws were codified. He then turns to the violence in Gaza and Israel, using real life examples from bombings to kidnapping to better understand what differentiates a legitimate act of war from a war crime.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

When you die without a will, the default rules of inheritance law kick in, allocating assets based on established formulas and hierarchies. In this conversation, Professor John Morley (Yale Law School) explains basic inheritance law and delves into the default rules that come into play when a person dies without a will (“intestate”) and how these rules both vary significantly from state to state and are often at odds with common expectations when it comes to an individual’s legacy. Through his recent survey, Professor Morley has uncovered differences in inheritance expectations across various demographic groups. For instance, women are notably less likely than men to intentionally leave money to their spouses. Additionally, the conversation explores discrepancies by race and sexual orientation as well as some notable surprises pertaining to less traditional family structures.Professor Morley's insights not only underscore the importance of having a will that accurately reflects one's wishes but also suggest that intestacy laws across the nation may be out of step with modern expectations and in need of revision.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Students for Fair Admissions v. Harvard College signals a radical shift in how the Supreme Court views favoring racial diversity and affirmative action in higher education. Chief Justice John Roberts, writing the majority opinion in SFFA v. Harvard, rejects the use of race as a factor in college admissions, asserting that this practice, previously accepted under prior cases such as Bakke and Fisher (see additional resources), is no longer permissible. Professor Theodore Shaw of UNC Law School explains the evolution of affirmative action and racial diversity programs and the impact of this decision on our understanding of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Law firm failures do not merely fall off into bankruptcy - they are spectacles of grand implosions. American law firms suffer from unique structural risks that can drive these formidable institutions to not just falter, but to rapidly collapse even when their balance sheets and profitability would suggest more durability in another industry. This phenomenon, far from random, stems from the fragile ownership structure unique to the legal industry. In an interview with Yale Law Professor John Morley, we take a deep dive into the inherent risks and dramatic consequences of law firm failures, and why this topic should command our attention. How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Police commands are the cornerstone of law enforcement, at once projecting the authority of the state and instantly creating legal obligations for which the failure to comply can result in arrest, detention, or even the use of deadly force. But what are the limits of police commands? When are they lawful and what rights do we have to disobey them when they are unlawful? Professor Rachel Harmon, a leading scholar on police law explains how police commands are the building blocks of police authority and can serve as the foundation upon which a peaceful resolution to a crisis is built. On the other hand, bad commands can create confusion, escalate tensions, and result in unnecessary use of force. Prof Harmon explains the legal limits of police commands and how regulating them can play a critical role in reducing police abuse and unnecessary force.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Diversity and inclusion are laudable goals, but how can change be created in an industry driven by tradition and financial return? This interview explores the concept of using economic incentives and data to encourage diversity within the legal profession. The conversation also explores controversial topics such as diversity spin, partner compensation, and the impact on the legal profession of changes to affirmative action law currently being considered at the Supreme Court. Aviva Will is the Co-Chief Operating Officer at Burford Capital and one of the architects behind Burford’s Equity Project (a $150,000,000 fund allocated exclusively for women and minority litigators). Keith Harrison is a partner and co-chair of Crowell & Moring’s Litigation Group and a member of the firm's Diversity Council. Aviva and Keith sit down with Joel Cohen to discuss putting money on the line to overcome inherent biases and structural disadvantages and to encourage, maintain, and grow diversity in the profession of law.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast) Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The role of women in the legal profession is more bigger than a statistic, or headcount. Journalist Dahlia Lithwick shares insights from her beat (American courts and the law) about the insurgent role women are on the cutting edge of developing law. In an interview that reflects upon her recent book, Lady Justice (Penguin Press, 2022), Dahlia explains how gender diversity is also about women sharing the stage at the very highest levels of the profession.The interview explores the role of women in the most high-pressure and high-profile positions in the legal world – from Supreme Court justices to Supreme Court advocates, to the fight against white nationalism, to the battle to reform gerrymandering. Finally, Dahlia speaks to host Joel Cohen about the treatment of women in federal clerkships. She shares observations, instances of abuse, and explains how the hierarchical nature of clerkships can permit bullying, harassment, and sexually improper conduct to go unchecked. Finally, Dahlia leaves listeners with an encouraging message that while injustice and disparity persist, prominent women are driving change on many of the most important issues of our time, inspiring the next generation of women attorneys. How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast) Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

How are cryptocurrencies treated by the U.S. government? Former Chairman of the CFTC and a pioneer of crypto regulation, Christopher Giancarlo (https://www.talksonlaw.com/speakers/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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

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 Gorden (https://www.talksonlaw.com/speakers/prof-sarah-barringer-gorden-df1ee503-9390-45b8-9dd0-9b048503e816) (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 each game. 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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

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 (https://www.talksonlaw.com/speakers/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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

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 (https://www.talksonlaw.com/speakers/prof-lisa-heinzerling) (Georgetown Law Center) unpacks the Court’s decision in WV v. EPA and explains the broad powers of the judicial doctrine.Professor 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.

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. Professor Joseph Blocher (https://www.talksonlaw.com/speakers/868573b6-9c9e-4b9b-b176-808d7a64b900) 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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Jailhouse lawyers are inmates who help other inmates with legal filings while in prison. They handle matters from divorce to criminal appeals to claims against prison officials. They write motions and briefs and counsel clients; short of court representation, they provide the range of legal services that a licensed lawyer would. While the Supreme Court has recognized the importance of jailhouse lawyers in prisons where access to the courts is limited, jailhouse lawyers still operate in a legal gray area in many jurisdictions. Phillip Miller (https://www.talksonlaw.com/speakers/phillip-miller), a former jailhouse lawyer and the former Associate Director of Policy at the Correctional Association of NY explains how jailhouse lawyering works in practice and the crucial role that jailhouse lawyers play in the American penal system.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

The climate crisis threatens to create global food, health, housing, and social insecurity 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 last 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. While there is no one-size-fits-all solution to fighting climate change, deep decarbonization, or achieving net-zero emissions, has emerged as the major goal for the next decades. What does deep decarbonization entail? Michael Gerrard (https://www.talksonlaw.com/speakers/michael-gerrard), professor at Columbia Law School and the faculty director of the Sabin Center for Climate Change Law, explains the legal challenges and reforms needed in energy and transportation, the two largest GHG emitting sectors, to achieve deep decarbonization and the policies and actions the Biden administration will likely institute in the near-term to reach climate change objectives.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Recent studies have suggested that lawyers are particularly prone to depression, anxiety, and stress, but are lawyers becoming zombies? According to Professor Peter Huang (https://www.talksonlaw.com/speakers/prof-peter-huang) (who co-authored an article of similar title), the plight of the profession presents interesting parallels to the concept of “zombification,” with lawyers and law students mindlessly reacting to stress. Prof. Huang discusses these parallels, the role of stress reduction strategies such as mindfulness, and how the COVID-19 pandemic has impacted attorney mental health. Peter also presents some ways in which the legal profession and law schools can begin to improve attorney well being… perhaps avoiding the zombie apocalypse entirely.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast) Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Prosecutors have the power to make decisions that have a deep impact on the lives of arrestees and defendants. This power arises, in large part, from the enormous discretion they exercise over decisions like whether to initiate charges and which charges to bring, whether to offer plea bargains and under what terms, what sentences to seek, and how to present and try a case. Public attention has focused on prosecutors’ discretion in recent years, as their conduct is increasingly scrutinized in high-profile cases involving civilian deaths in police shootings and sexual assault by wealthy, powerful men. Professors Bruce Green (https://www.talksonlaw.com/speakers/bruce-green-rebecca-roiphe) and Rebecca Roiphe (https://www.talksonlaw.com/speakers/bruce-green-rebecca-roiphe), both former prosecutors, discuss through the lens of recent controversial cases the ethical and legal standards governing prosecutorial conduct and why prosecutorial discretion is not a black-and-white matter.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Strategies for Combatting Stress. Professor Nathalie Martin (https://www.talksonlaw.com/speakers/prof-nathalie-martin) of the University of New Mexico School of Law explains the benefits of mindfulness particularly for attorneys. For lawyers, mindfulness can help with stress management, increase emotional intelligence, and improve conflict resolution skills. In this interview, Professor Martin explores the factors that contribute to higher levels of stress and mental health issues in the legal profession and offers tips to incorporate mindfulness into lawyers' daily lives. Joel finishes the interview with some additional mindfulness related practices that attorneys can look into.

Strategies for Combatting StressLawyers experience elevated levels of mental health issues, with many lawyers reporting anxiety, depression, substance abuse, and problem drinking. As the legal profession is coming to terms with this crisis, lawyers and legal employers are exploring ways to build a better profession and improve lawyer well-being. One key practice, Professor Nathalie Martin (https://www.talksonlaw.com/speakers/prof-nathalie-martin) of the University of New Mexico School of Law explains, is mindfulness. Mindfulness is the practice of being present in the moment. Studies have shown that regular mindfulness training has measurable physical, mental, and emotional health benefits. For lawyers, mindfulness can help with stress management, increase emotional intelligence, and improve conflict resolution skills. In this interview, Professor Martin explores the factors that contribute to higher levels of stress and mental health issues in the legal profession and offers tips to incorporate mindfulness into lawyers' daily lives.

A Credibility Gap in Cases of Rape. In cases of sexual assault, the credibility of the victim is crucial to whether law enforcement will investigate the assault, prosecutors will bring charges, and whether the jury will ultimately find the defendant culpable. Time and again, victims who come forward recount being disbelieved at each stage of the criminal justice system, a function of what Professor Deborah Tuerkheimer (https://www.talksonlaw.com/speakers/prof-deborah-tuerkheimer) calls credibility discounting. The credibility discount is biased disbelief of the more vulnerable, less powerful party. Tuerkheimer discusses how the credibility discount is at its apex in sexual assault cases and impacts law enforcement intake and investigation in rape cases. She also explores the laws that have made rape charges particularly difficult in the United States such as unique corroboration requirements, prompt outcry rules, cautionary jury instructions, marital rape exceptions as well ill-conceived intoxication rules and resistance requirements. Tuerkheimer explores the surprising legal history of rape law and the formal and informal burdens still imposed on victims today.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

Forensic science is often viewed as the silver bullet in modern criminal convictions, but not all forensic science disciplines are backed by sound empirical data. M. Chris Fabricant (https://www.talksonlaw.com/speakers/m-chris-fabricant) of Innocence Project explains how junk science leads to injustice, wrongful convictions, and the failure to apprehend violent criminals responsible. He explains that the term "poor people science" refers to how the courts seem to employ one system to adjudge experts in civil cases against wealthy corporate defendants and a far more lax approach to admitting evidence against criminal defendants with limited resources. Fabricant shares how courts can unintentionally enable destructive precedent that can then lead to the wrongful imprisonment of many.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

America's infrastructure is crumbling. The American Society of Civil Engineers graded the national infrastructure a D+ in 2017, with transit rated a D- and drinking water, dams and roads rated a D. Despite broad bipartisan recognition for the need to rebuild and expand, government spending on infrastructure fell by nearly $10 billion over the past decade, with increased spending on maintaining existing systems and decreased spending on capital projects. Professor Michael Graetz, co-author of The Wolf at the Door: The Menace of Economic Insecurity and How to Fight It, explains why we haven’t seen large-scale improvements in recent decades, ways to finance infrastructure projects to address the funding gap, and the regulatory and policy changes necessary to rebuild America.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

A dispute over the proper owner of Barry Bonds’ million-dollar home run ball, the right to grow California redwood trees that are shading a neighbor’s solar panels, the legality of shooting down a drone flying over private property: the common thread among all these seemingly unrelated cases is that these are conflicts about ownership design. Ownership design is a powerful social engineering tool that shapes how we live our lives. It determines who gets what and why. Professor Michael Heller, co-author of Mine! How the Hidden Rules of Ownership Control Our Lives, explains the six fundamental stories that determine all rules of ownership through the lens of some surprising and controversial property law cases in American jurisprudence.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

For many years, Dru Levasseur fought for LGBTQ+ rights in courts across the nation. Now, he works to improve the experience of LGBTQ+ attorneys in the legal profession. In this conversation, Dru shares from his experiences as a transgender attorney and insights learned in his current role as the Director of Diversity, Equity, and Inclusion for the National LGBTQ+ Bar Association. In Part 2, the conversation provides resources for lawyers and legal employers to develop a more open and welcoming environment to practice law for trans attorneys, improve understanding among colleagues and to empower LGBTQ+ allies, and to integrate smart policies to improve firm diversity and inclusion.

For many years, Dru Levasseur fought for LGBTQ+ rights in courts across the nation. Now, he works to improve the experience of LGBTQ+ attorneys in the legal profession. In this conversation, Dru shares from his experiences as a transgender attorney and insights learned in his current role as the Director of Diversity, Equity, and Inclusion for the National LGBTQ+ Bar Association. Dru also touches on the fears and insecurities that many lawyers may have when it comes to working with trans colleagues or clients, including concerns about pronouns and sensitive questions about transitioning.

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.

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.

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 2 of this 2-part series, Prof. Menkel-Meadow explores the tactics and behaviors permissible and impermissible, including bullying and threats, and the concept of fairness in negotiations.

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? 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.

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 in fact 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.

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 in fact 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 in criminal justice as well as the constitutional implications of doing so.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 its hypothetical use cases for forensic purposes and the framework for admissibility of expert testimony under the Daubert standard.

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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.

When does a lawyer have a duty to investigate her own clients? 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? 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.How to Earn CLE CreditMCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast (https://publish.blubrry.com/s-1465402/episodes/e-112905737/edit/www.TalksOnLaw.com/podcast). at the time of publication. Please visit TalksOnLaw to check whether older courses remain active for MCLE reporting purposes.