Illinois MCLE Podcast

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.(Credits: General 1hr | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

As artificial intelligence systems become increasingly expensive and resource dependant 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.(Credits: General 1hr | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

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.(Credits: 1.5hrs – Mental Health & Substance Abuse | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

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. (Credits: Professional Responsibility 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

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.

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.

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.

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. 

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 Prof. 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.  

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.(Credits: 1 mental health/substance abuse PR MCLE)

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.(Credits: 1.25 General MCLE)

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, Prof. 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, Prof. 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.Prof. 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. (0.75hr MCLE Credit)

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.

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. 

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.

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 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. (Diversity and Inclusion / Implicit Bias & Bias Reducing Strategies MCLE)

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. 1.5 Hrs (Elimination of Bias in the Legal Profession)

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.

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. Prof. Sarah Barringer Gorden (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.

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.

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.

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.

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 Jon Krop explains, mindfulness is the practice of being present in the moment and a practical tool to help better manage stress. In part 2 of this interview, Krop shares information and exercises for a lawyer audience.

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, 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.

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, 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.

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 services 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.

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.

Recent studies have suggested that lawyers are particularly prone to depression, anxiety, and stress, but are lawyers becoming zombies? According to Professor 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. (Professional Responsibility – Mental Health / Substance Abuse)

Traditional norms dictate that the Department of Justice and federal prosecutors exercise discretion independent of partisan politics and free from political interference. In recent years, the DOJ and the Attorney General have acted in ways that some scholars criticize as compromising prosecutorial independence and eroding the integrity of the federal justice system. Professors Bruce Green and Rebecca Roiphe discuss the ethical duties and roles of the Attorney General and line prosecutors in preserving this independence and examine recent high-profile examples of the head of the DOJ at odds with line prosecutors in criminal prosecutions.

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 and 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.

Strategies for Combatting Stress. Professor 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 Stress. Lawyers 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 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.

The Biden administration announced plans to invoke the broad powers under the Defense Production Act to combat the COVID-19 pandemic and aggressively boost vaccine production and distribution. Passed in 1950, the Defense Production Act authorizes the President to require businesses to prioritize government contracts and to create financial incentives to expand domestic output of goods deemed necessary for national defense. Professor Deborah Pearlstein of Cardozo Law School explains the origins and mechanics of the law, how the Act can be implemented to fight the pandemic, and examines its use and potential use under the past and current administrations.

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 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.

High-profile cases in the last decade have brought to the fore issues with private citizens' use of deadly force in self-defense, citizen's arrest, and vigilantism. The public closely followed three highly-charged trials centered around self-defense: Kyle Rittenhouse shootings, the death of Ahmaud Arbery, and George Zimmerman's killing of Trayvon Martin. Much has been written about these cases, but some confusion remains about the legal underpinnings that resulted in its divergent outcomes. Self-defense laws are complicated, further muddled by duty to retreat/stand your ground provisions and citizen's arrest laws. Professor Kimberly Ferzan of the University of Pennsylvania Law School explains self-defense laws and its elements, including the use of deadly vs. nondeadly force, when use of force is reasonable, and provocateurs and initial aggressors. She discusses the hot-button cases and the issues that arise when citizens are empowered to act like law enforcement.

High-profile cases in the last decade have brought to the fore issues with private citizens' use of deadly force in self-defense, citizen's arrest, and vigilantism. The public closely followed three highly-charged trials centered around self-defense: Kyle Rittenhouse shootings, the death of Ahmaud Arbery, and George Zimmerman's killing of Trayvon Martin. Much has been written about these cases, but some confusion remains about the legal underpinnings that resulted in its divergent outcomes. Self-defense laws are complicated, further muddled by duty to retreat/stand your ground provisions and citizen's arrest laws. Prof. Kimberly Ferzan of the University of Pennsylvania Law School explains self-defense laws and its elements, including the use of deadly vs. nondeadly force, when use of force is reasonable, and provocateurs and initial aggressors. She discusses the hot-button cases and the issues that arise when citizens are empowered to act like law enforcement.

Today, most people own digital assets, which include everything from social media accounts, email and online banking accounts, cloud-stored photos, airline miles, blogs, to virtual currencies. As our communications and financial assets have become more digitized, ensuring loved ones and estate fiduciaries are able to gain access once the account holder dies or becomes incapacitated is critical. Without access, fiduciaries may have difficulty winding down accounts and disposing of assets, and the accounts may be left vulnerable to hacks. Loved ones may be unable to memorialize social media accounts or close them down. Professor Naomi Cahn of UVA Law explains some of the impediments to fiduciary access, including online platforms' terms of service agreements and laws that prohibit internet service providers from disclosing the contents of its users' communications. She explores the tools and best practices for digital asset planning, including the Revised Uniform Fiduciary Access to Digital Assets Act now adopted in over 45 states.

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 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.

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.

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.

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.

Directed trusts have become increasingly popular over the past few decades, in part, for the flexibility they offer in managing trust assets. In a directed trust, a person other than the trustee holds power to make decisions over investment, management, distribution, or some other aspect of trust administration and has the power to direct the trustee. As common as they've become, many states' statutes have yet to iron out the legal uncertainties that arise when a nontrustee (or a “trust director”) holds power over the trust. In an effort to provide clarity and guidance, the Uniform Law Commission approved in 2017 the Uniform Directed Trust Act (UDTA), which has been adopted in some form by 16 states as of 2022. Professor John Morley, the reporter of the UDTA, explains some of the practical innovations and key provisions in the new law, including the scope of the powers of the trust director and the fiduciary duties of the trust director and trustee.

Mine — Examining the Law of Ownership An interview with Prof. Michael HellerA 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.

Intimate partner violence is not limited to physical violence and can take many other forms, including emotional, psychological, and financial. Financial abuse can encompass identity theft, the accrual of debt in the victim's name without their knowledge or consent, the subsequent default of that debt, or having no access to the couple's financial information. For low-income women in abusive relationships, a key component of escaping the abuse is achieving economic security. Amy Barasch, Executive Director of Her Justice, explains the legal and advocacy tools available to help survivors leave abusive relationships and economically empower them to start their lives anew.

The Committee on Foreign Investment in the United States (CFIUS) published new rules in 2020 significantly expanding CFIUS jurisdiction over certain types of investments. Often called a “black box,” CFIUS assesses the potential national security risks of investments in the U.S. and operates in a classified environment. To peel back the curtain, we sit down with two longtime leaders of the CFIUS committee Aimen Mir and Colin Costello and discuss the substantive changes and new powers conferred by FIRRMA and CFIUS strategy for businesses under the Biden administration.

In the United States, wildfires have become larger and more frequent, threatening lives and devastating local communities particularly in the American west. A century of wildland fire management policy, climate change, and land development patterns have created a perfect storm of a wildfire crisis. Professor Stephen R. Miller examines the factors proliferating wildfires and those 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.

Cryptocurrency and crypto assets are increasingly deployed to launder illicit funds for use in the legitimate financial system. Alex Zerden, a former Treasury Department official at The Financial Crimes Enforcement Network (FinCEN), discusses some of the high-profile instances of illicit uses of cryptocurrency and how digital assets are used for money laundering and other criminal activities. He goes on to share how regulators are fighting back and how even legitimate companies now are required to take proactive steps to limit their products and services from being used in furthering crypto laundering. Zerden explains the anti-money laundering (AML) regulatory framework, FinCEN guidance, and sanctions obligations that apply to the crypto industry and recent DOJ and FinCEN AML and counterterrorism enforcement efforts.

On May 2, 2022, a secret draft of Justice Samuel Alito's majority opinion in the case Dobbs v. Jackson Women's Health was published by the website Politico. The opinion is the first unpublished Supreme Court draft known to be leaked. Drafted by Justice Alito, the decision of the Court would also be the first to overturn a constitutional right, overturning the abortion protections established by Roe v. Wade and Planned Parenthood v. Casey. It its wake, dozens of states (including Mississippi, the state whose law was approved by the decision) will be permitted to to restrict and even ban abortion. Given the impact and the urgency, we rushed out this SCOTUS update explaining Alito's leaked draft, what are his arguments, and what it means in terms of constitutional law. TalksOnLaw's founder, Joel Cohen read the opinion in the hours immediately after it was dropped and gives a detailed, politically neutral (we hope) summary of the arguments presented by Justice Alito.

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.

What role does race play in criminal justice or in police decisions to use deadly force? How do bad regulations contribute to injustice and what difference can smart policy make? In this interview, we explore such questions through the lens of today's most controversial criminal cases. Alexis Hoag of Brooklyn Law, Rachel Harmon of UVA Law, and Daniel Harawa of WashU Law discuss high-profile cases at the intersection of race and policing, from George Floyd to Ahmaud Arbery to Breonna Taylor and grapple with questions of appropriate police response, officer accountability and prosecutorial discretion. They discuss what went wrong, what has improved, and what remains to be fixed in our imperfect justice system.