J. Craig Williams and Robert Ambrogi are top law bloggers that together host Lawyer2Lawyer. They bring us their (sometimes opposing!) views on a variety of hot legal topics from literally across the country. Williams, defense attorney and partner at Sedgwick, Detert, Moran & Arnold LLP, specializes…
Many attorneys have received an offer of an award recognizing them as a distinguished lawyer in your city or state. Perhaps the message, coming as an email or a message on Facebook, offers a custom plaque, an inscribed crystal, and/or an appearance in a publication, and all for the low, low price of the membership fees to the awarding organization. Who would ever pass up such a rare opportunity? So are we looking at a pay-to-play here? A scam? What is the application process? And should lawyers beware?! On Lawyer 2 Lawyer, host Craig Williams is joined by Conrad Saam, founder of Mockingbird Marketing, to talk about the award industry, the constraints for legal marketing, and what lawyers should do if they receive a solicitation promising an award for a price. Watch this channel next week for a special bonus Lunch Hour Legal Marketing episode. But there's no need to wait! Click here to find all the great content from Lunch Hour Legal Marketing.
A New York arbitrator recently ruled against former President Trump and his campaign in favor of former White House adviser Omarosa Manigault Newman in a matter regarding the enforceability of an NDA and Omarosa's tell-all book, Unhinged. According to an article in the Daily Beast, the arbitrator found that the NDA went too far when Omarosa was forced “to never say anything remotely critical of Mr. Trump, his family or his or his family members' businesses for the rest of her life.” On Lawyer 2 Lawyer, host Craig Williams is joined by Mark Fenster, the Stephen C. O'Connell Chair at the Levin College of Law, to talk about non-disclosure agreements. We will take a look at former President Trump's use of NDAs, this recent ruling, the constitutionality of NDAs, and the future of these types of agreements. Mentioned in this Episode: Trump's Sprawling Use of NDAs Now Threatens to Humiliate Him Trump NDAs can't silence ex-White House officials: legal experts Trump Organization Standard Non-Disclosure Agreement
At the beginning of the pandemic, the eruption of COVID cases forced courts across the nation to close their doors. In its place, attorneys, judges and clients opted, where possible, to participate in virtual proceedings through phone calls and video platforms. Over a year later, with a backlog of cases clogging courts, and limited in-person proceedings, attorneys have increasingly turned to the alternate dispute resolution of mediation to resolve their cases. On Lawyer 2 Lawyer, host Craig Williams is joined by David A. Hoffman, the founding member of Boston Law Collaborative, LLC, as they take a look at the explosion of mediation during the pandemic. Craig and David discuss the push for mediation as an alternative to trials, and what the future holds for jury trials. Feel audio isn't enough? Check out a video of the conversation here.
Back in May of this year, Texas Governor Greg Abbott signed into law Texas Senate Bill 8, better known as SB 8, one of the most restrictive abortion bills in the nation. SB 8 went into effect on September 1st, 2021, after the US Supreme Court refused to strike it down. Since then, the constitutionality of SB 8 has come into question, and the potential threat to the constitutional rights of women and other persons has taken center stage. On Lawyer 2 Lawyer, host Craig Williams is joined by Dean Kimberly Mutcherson from Rutgers Law School as they take a look at Texas' abortion law, SB 8. Craig & Dean Mutcherson discuss the impact of the law, the legal, ethical, and bioethical concerns stemming from SB 8, its constitutionality, and what it means for the future of Roe v. Wade.
As students across the country return to classrooms, the controversy surrounding masks has reached a fever pitch. In at least 14 states, lawsuits have been filed either for or against masks in schools. This has led to protests, litigation, and even violence. Just this week, the U.S. Department of Education's Office for Civil Rights launched investigations into five states that have banned mask mandates in schools, alleging that the governors are violating the civil rights of students with disabilities. On Lawyer 2 Lawyer, host Craig Williams is joined by professor Ellen Wright Clayton, JD, MD. Together, they take a look at the mask controversy in schools and communities across the United States. The conversation focuses on mask mandates, public health law, parental freedom, and litigation surrounding these issues.
Sexual harassment and inappropriate conduct has become all too familiar of a story in modern day politics. High profile allegations of sexual misconduct have straddled political lines. Just in recent memory, high profile accusations have been leveled at Al Franken, Brett Kavanaugh, Donald Trump, Roy Moore, Joe Biden, and Matt Gaetz. And, most recently, New York Governor Andrew Cuomo has announced he will step down effective August 24th after multiple women came forward alleging sexual misconduct and inappropriate behavior by the governor. He has denied all allegations. So why do these misconduct allegations against high power political figures impact some but not others? And what can we do as a society to eliminate this behavior? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Rebecca Ortiz, PhD, as they take a look at sexual harassment and the resignation of Governor Cuomo. Craig and Rebecca will discuss sexual harassment in politics, holding perpetrators accountable over these claims, and what is being done to combat sexual misconduct.
After failing to form a bipartisan committee to investigate the January 6th attack on the United States Capitol Complex, Speaker of the House Nancy Pelosi instead formed a select committee. However, accusations of partisanship have been leveled at the committee, particularly after Pelosi eliminated House Minority Leader McCarthy's offered committee members - representatives Jim Banks of Indiana and Jim Jordan of Ohio. Last week, police officers from the U.S. Capitol Police and Washington, D.C.'s Metropolitan Police Department appeared before the committee, giving their accounts of what happened that day. Since the hearings have started, the subject of subpoenas has come up, particularly for those who spoke with former President Trump that day. Representative Adam Kinzinger, one of the Republican committee members, indicated that this committee would use its subpoena power stating “I would expect to see a significant amount of subpoenas.” So will this select committee use their subpoena power? And how difficult will it be to get members of Congress, and maybe even the former president to testify before the panel? On Lawyer 2 Lawyer, host Craig Williams is joined by professor David A. Super from Georgetown Law, as they take a look at the creation of the House select committee and the investigation of January 6th. Craig and David discuss the hearings, the possibility of using subpoenas, and where this is all headed.
In cities across our nation, homelessness is an ongoing problem. According to the 2020 Annual Homeless Assessment Report (AHAR) to Congress, completed by the US Department of Housing and Urban Development prior to COVID, roughly 580,000 people were experiencing homelessness in the United States on a single night in 2020. This represented the fourth consecutive year in which homelessness increased nationwide. The severity of this problem has led to high profile conflicts on how to address the crisis. In April of this year, US federal judge David O. Carter issued a 110 page order necessitating the city and county of Los Angeles to find shelter for all unhoused residents of Skid Row, as well as requiring an audit of any spending related to the homeless. Alleging that Judge Carter's ruling is a violation of the separation of powers, the city and county appealed the matter to the 9th Circuit, who heard arguments this month. So, how do we combat homelessness? And is enough being done by city officials? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Gary Blasi, from UCLA School of Law and Breanne Schuster, staff attorney with the American Civil Liberties Union of Washington, as they discuss the legal issues surrounding homelessness, separation of powers, current legislation, and what is being done to combat this nationwide problem.
The Declaration of Independence famously states "that all men…are endowed by their Creator with certain unalienable Rights”. But do those or similar unalienable rights extend beyond people? According to groups like the Global Alliance for the Rights of Nature, our ecosystem - the trees, oceans, animals and mountains - are entitled to rights of their own. So was the Declaration of Independence too limited in its language? Does nature have its own “self-evident” rights? On Lawyer 2 Lawyer, host Craig Williams is joined by Lindsey Schromen-Wawrin, an attorney at Shearwater Law PLLC, to discuss what rights we have to access nature, whether there is a requirement for the government to preserve nature for us, and if we have any legal rights to force the preservation of other species.
The Supreme Court has seen a number of religious freedom cases so far in 2021. In a 5-4 ruling in Tandon v. Newsom, the high court struck down COVID-related restrictions on group religious activities in private homes. Also, in Fulton v. Philadelphia, a case involving a Catholic group that objects to placing foster children with same-sex couples, SCOTUS ruled that the city of Philadelphia violated the First Amendment when it froze the contract of the Catholic Foster Care Agency. So, did the addition of Justice Amy Coney Barrett impact these religious freedom cases? Do these decisions set any sort of precedent for future cases? On Lawyer 2 Lawyer, host Craig Williams is joined by Professor Jim Oleske from Lewis & Clark Law School, to discuss SCOTUS & religious freedom, focusing on the shadow docket, the rulings stemming from COVID restrictions, and the impact these rulings will have on future cases centered around religion.
We have all seen a wave of ransomware attacks in the news as of late. For those who are unfamiliar, ransomware is a type of malware that threatens to publish, destroy, or block access to the victim's personal data unless a ransom is paid. The ransom is usually paid to these attackers through cryptocurrencies like Bitcoin, impairing the ability to trace the transaction back to the perpetrator. Targets of all sizes, such as the Colonial Pipeline, McDonalds, the University of California, all the way down to dental practices, have fallen prey to these attacks. No one is immune. So could you be next? And what can we do to prevent these attacks from happening to us? On Lawyer 2 Lawyer, host Craig Williams is joined by Thomas J. Holt, director and professor in the School of Criminal Justice at Michigan State University.
According to The Hill, Republican lawmakers in 34 states have introduced more than 80 anti-protest bills thus far in the 2021 legislative session. In Florida, Governor Ron Desantis recently signed an ‘anti-riot’ bill into law that states, in part, that a driver may avoid liability "for injury or death caused if fleeing for safety from a mob.” And Oklahoma Governor Kevin Stitt signed a similar bill into law as well, requiring that the driver "unintentionally harm[s] protesters in fleeing said protests". So is this legislation constitutional? Does it infringe on an individual's First Amendment’s right to peacefully protest? Or is this a necessary deterrent to combat violence at protests? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Jeff Lewis, from Jeff Lewis Law, to discuss states regulating protests through legislation, how such laws intersect with the First Amendment, and the impact on those who protest.
Court packing is defined as “the act or practice of packing a court and especially the United States Supreme Court by increasing the number of judges or justices in an attempt to change the ideological makeup of the court.” Last month, Congressional Democrats introduced legislation to expand the Supreme Court from nine to 13 justices, and President Biden announced the formation of a commission to study the court's structure, including the number of justices and their length of service. Of course, this has led to yet another controversy along party lines. On Lawyer 2 Lawyer, host Craig Williams is joined by Tonja Jacobi, professor of law at Northwestern Pritzker School of Law, to discuss packing the Supreme Court, the politicization of the High Court, potential reform, and next steps.
Social justice issues have been at the forefront of protests across our nation. In order to report on these protests, journalists have been on the front lines of the action. Yet, due to a lack of public trust, journalists are often targeted by law enforcement or counter protesters. American broadcast journalist Walter Kronkite, famously said, “Freedom of the press is not just important to democracy, it is democracy.”So what are the rights of journalists during protests? What about public citizens? On Lawyer 2 Lawyer, host Craig Williams is joined by Shannon Jankowski, the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press, and David Bralow, Legal Director for the Press Freedom Defense Fund & Senior Vice President, Law, for the First Look Institute, Inc., as they discuss incidents of mistreatment of journalists by law enforcement during recent protests. Together, we explore freedom of the press generally and in the context of protests; and talk briefly about the legalities surrounding the filming and photographing of the police by citizens. Shannon Jankowski is the E.W. Scripps Legal Fellow at Reporters Committee for Freedom of the Press. David Bralow is Legal Director for the Press Freedom Defense Fund and Senior Vice President, Law, for the First Look Institute, Inc.
In a Daily Beast article published on April 13, 2021, Julia Davis writes that, “the head of the Kremlin-funded RT and Sputnik news agencies believes Russia will invade Ukraine, sparking a conflict with the U.S. that will force entire cities into blackouts.” Also, according to a White House produced readout of a recent call between Presidents Biden and Putin, the leaders discussed a potential upcoming summit as well as Russia's military buildup and the ongoing tensions centering around Ukraine. Tensions between the United States and Russia are nothing new, but have recently intensified as a result of findings of Russian interference in US elections, the high profile SolarWinds cyberattack, and the Biden administrations implementation of a new round of sanctions. With no indications of relief on the horizon, what should we expect in the future? Will a cyber attack against the U.S be next? Should we be on high alert? Are we already? Or could we see a resolution of some sort between the two leaders? On Lawyer 2 Lawyer, host Craig Williams is joined by Claire Finkelstein, professor of law and philosophy from University of Pennsylvania Carey Law School/Penn Law and General Charles J. Dunlap Jr., former deputy judge advocate general of the United States Air Force, and professor from Duke Law. They discuss national security, potential threat of cyber warfare, U.S./Russia relations before and after interference in our elections, UN involvement, international law, and what kind of cyber protections are needed. Mentioned in this Episode: Daily Beast Article: Top Kremlin Mouthpiece Warns of ‘Inevitable’ War With U.S. Over Another Ukraine Land Grab Readout of President Joseph R. Biden, Jr. Call with President Vladimir Putin of Russia Lawfire blog
On March 24th, 2021, the 9th US Circuit Court of Appeals reversed an earlier ruling and upheld the effective ban on the open carry of firearms in the state of Hawaii. Coming in the wake of multiple high-profile mass shootings around the country, the case of Young v. Hawaii is likely to be a contentious development in the ongoing gun debate. To briefly recap, back in 2011, George Young, a resident of Hawaii County, unsuccessfully applied for a carry permit twice citing a need for self-defense. Young filed suit, arguing that Hawaii's law was inconsistent with the Second Amendment. On Lawyer 2 Lawyer, host Craig Williams is joined by Eric Ruben, an assistant professor of Law at SMU Dedman School of Law and a Brennan Center fellow to discuss the debate surrounding open carry laws, the history of Young v. Hawaii, this recent federal court ruling, and open carry vs. public safety.
More than two months after the event, federal prosecutors continue to file charges against individuals involved in the January 6th U.S Capital riot. In his confirmation hearings, now confirmed U.S. Attorney General Merrick Garland stated that charging those involved in the Capitol Riot would be his #1 priority. “We begin with the people on the ground and we work our way up to those who were involved and further involved.” Currently, there are over 300 individuals charged from more than 40 states. At least 149 of those individuals have been freed pending trial after posting bail or agreeing to supervised release. On Lawyer 2 Lawyer, host Craig Williams is joined by former U.S. Attorney, professor at the University of Alabama School of Law, and co-host of the new podcast #SistersInLaw, Joyce White Vance. Craig and Joyce discuss charging the Capitol rioters, and look ahead to how the recent confirmation of Merrick Garland will impact the Justice Department, the cases against those involved in the Capitol riot, and who Attorney General Garland means by those “further involved”.
In February, two severe winter storms swept across the United States, ultimately hitting the state of Texas hard. These storms caused major power outages, water and food shortages, and dangerous weather conditions, leaving Texans across the state struggling to survive. So who is liable? And was this preventable? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Heather Payne from Seton Hall University School of Law, to discuss litigation and liability stemming from Texas’ recent weather crisis.
On February 9th, 2021, reversing what had been seen as a landmark legal victory for civil liberties groups, First Circuit Judge Sandra Lynch ruled in the matter of Alasaad v. McAleenan, finding that both basic and “advanced” searches fall within “permissible constitutional grounds” at the U.S. border. The dispute centers around the search and temporary detainment of electronic devices by U.S. Customs and Border Patrol and ICE agents, as well as the retention of data found on those devices - even in circumstances where no suspicious activity has occurred. On Lawyer 2 Lawyer, host Craig Williams is joined by professor Laura K. Donohue, director of Georgetown’s Center on National Security and the Law, to discuss this recent circuit court ruling on electronic device searches at the U.S. border, reaction to the ruling, the First and Fourth Amendments, and next steps. Special thanks to our sponsor, LEX Reception.
With a stack of executive orders piled on his desk, President Biden wasted no time. According to Newsweek, “President Biden signed more executive orders in the first 12 days of his presidency than the combined number issued by Donald Trump and Barack Obama for the same point in their tenures.” From revoking the permit for the Keystone XL pipeline and reversing the travel ban targeting primarily Muslim countries, to requiring mask wearing and preventing and combating discrimination, President Biden covered and reversed a wide range of policies with the stroke of a pen. So what is the effect of these orders under the newly elected Biden? And what questions arise as to their legality and constitutionality? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Michael W. McConnell, director of the Constitutional Law Center at Stanford Law School and Dr. Kevin G. Vance from the Clemson Institute for the Study of Capitalism and Department of Political Science, as they discuss President Biden's executive orders, their impact, their constitutionality, the ramifications of the immediate reversal of the prior president’s actions, and what’s to come from this new administration. Special thanks to our sponsor, LEX Reception.
As the nation celebrated the 59th Presidential Inauguration, the White House, U.S. Capitol and other federal buildings were surrounded by checkpoints, a seven-foot-high fence, thousands of National Guard Troops, and military vehicles patrolling the streets of DC, all stemming from the riot at our U.S. Capitol just over two weeks ago. Since the riot, there have been federal felony arrests and charges brought against many of those who entered the Capitol or committed related crimes on January 6th. But who else will be held legally liable for these riots in the year ahead? President Trump? Sponsors and planners of the rally pre-riot? Members of Congress? What about those who have incited violence or spread misinformation through their social media channels? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Alan Gassman from the law firm Gassman, Crotty & Denicolo and attorney Michael McAuliffe from the firm, McAuliffe Law PLLC as they discuss legal liability stemming from the U.S. Capitol riot, federal felony charges, and what lies ahead for all involved. Special thanks to our sponsor, LEX Reception. Discussed in this episode: The Legal Fallout Expected After The Capitol Riots How Could Capitol Riot Prosecutions Play Out? A Former Prosecutor Offers a Road Map No Truth Left to Tell
Sedition is defined as “conduct or speech inciting people to rebel against the authority of a state or monarch.” Throughout the Trump presidency, the word “sedition” has been used by both parties to describe various actions alleged to have crossed a legal line. For instance, Attorney General Barr suggested to prosecutors to file sedition charges against protesters in wake of protests across the country. On January 6, 2021, Pro-Trump protestors stormed the U.S. Capitol as lawmakers were in the process of certifying Electoral College votes in favor of President Elect-Biden. So are any of these actions considered seditious? And if so, what is being done about it? On Lawyer 2 Lawyer, host Craig Williams is joined by constitutional law professor Carlton Larson from UC Davis School of Law, as they talk about sedition as it applies to the actions of the current administration, identify the legal line between sedition and free speech, and define what is and isn't sedition. Special thanks to our sponsor, LEX Reception. Discussed in this episode: On Treason: A Citizen’s Guide to the Law The Trials of Allegiance: Treason, Juries, and the American Revolution
Have you ever considered leaving the law and going on the adventure of a lifetime? On Lawyer 2 Lawyer, host Craig Williams spotlights word traveler, writer, photographer, and public speaker Jodi Ettenberg, a former lawyer who left the law and took a different career path. Jodi will discuss how she became interested in law, what led to her departure, what she learned in her new career, and the importance of finding and following your passion. Special thanks to our sponsor, LEX Reception. Discussed in this episode: Legal Nomads Thrillable Hours Series The Food Traveler’s Handbook
With the pandemic still raging, litigation looks very different. Courtrooms across our country have had to adapt to the pandemic through new safety measures and the use of technology to keep up. But while these changes have allowed courts to operate, these changes haven't come without their headaches and, for some clients, very real challenges. Have the Courts done enough to ensure access? What does today's courtroom and court procedure look like? What about jury trials and selection? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney John S. Stiff, the founding partner of Stiff, Keith & Garcia, LLC, and Danielle Hirsch, Principal Court Management Consultant for the National Center for State Courts, to discuss COVID and the Courts. They talk about getting justice during a pandemic, take an inside look at what's going on in courtrooms today, explore the impact on all those involved in the process, and what is being done to ease and speed up the process. Special thanks to our sponsors, Blue J Legal and LEX Reception.
The transition of presidential power is the process during which the president-elect of the United States prepares to take over the administration of the federal government of the United States from the incumbent president. The peaceful transition of government has long been a hallmark of American democracy. In what has become an unfortunately common refrain, 2020 has proven different. For weeks following the election being called for Joe Biden, the Trump administration refused to begin the transition process. It was in these circumstances that this episode was recorded. However, since then, the General Services Administration has decided to release funds to the incoming Biden administration to facilitate a transition, but that doesn’t necessarily mean a smooth transition is here. The possible impact of the delays, continuing refusals to concede defeat, and ongoing litigation disputing the results in multiple swing states give rise to concerns regarding national security, the economy, and the government's ability to properly address the effects of the Coronavirus. On Lawyer 2 Lawyer, host Craig Williams is joined by William C. Banks, professor and former interim dean from the Syracuse University College of Law and professor Leslie Gielow Jacobs, director of the McGeorge School of Law Capital Center for Law & Policy, as they explore the practical impacts of a delayed transfer of power from an uncooperative incumbent administration, both for the incoming administration and the American people. They’ll discuss what lessons we can learn from the past, and what options the Biden administration may have going forward. Special thanks to our sponsors, Blue J Legal and LEX Reception.
On Saturday, November 7th, 2020, after nearly a week of waiting for the results of the 2020 election, former Vice President Joe Biden was declared the winner of the 2020 presidential election. As of the publication of this episode, President Trump has not yet conceded and has instead filed or intends to file a number of lawsuits against select swing states, claiming voter fraud and demanding recounts. On January 20th, 2021, it is expected that President Trump will leave the White House and return to life as a private citizen without certain protections and a loss of presidential immunity. A number of currently pending lawsuits and an investigation await the president after his departure from the office. For instance, New York City is specifically targeting President Trump and his business dealings with a criminal investigation led by Manhattan District Attorney Cyrus Vance. On Lawyer 2 Lawyer, host Craig Williams is joined by attorney David S. Weinstein, partner with the firm Hinshaw & Culbertson LLP to discuss the potential litigation that could follow President Trump after he leaves office. We will take a look at his current "immunity from prosecution" as president, the loss of presidential immunity, and what may be to come for private citizen Trump. Special thanks to our sponsors, Blue J Legal and LEX Reception.
As we approach Election Day on November 3rd, 2020, it seems the list of issues grows by the day. Controversy over ballot drop boxes. Intimidating emails to voters from Iran and Russia. A call for an "army of poll watchers" from the president. And so much may hinge on the Supreme Court. So, what impact will these issues have on the election? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Joshua A. Douglas from the University of Kentucky College of Law as they explore a variety of legal issues leading up to the election including voter suppression, voter intimidation, controversy over mail-in ballots, and the potential legal fight awaiting us after the election. Special thanks to our sponsors, Blue J Legal and LEX Reception.
On October 2nd, 2020 President Trump announced that he and his wife, Melania Trump tested positive for the coronavirus. After disclosing his positive test, President Trump was taken to Walter Reed hospital, and questions and rumors circulated about his condition. In press conferences from Walter Reed, medical professionals cited HIPAA privacy laws for not sharing specific details regarding the president’s health, leaving the American public guessing. After a controversial car ride around Walter Reed by the president, questions remained about the exposure to COVID-19 of those closest to him. On October 5th, the president was released from Walter Reed, when he gave a thumbs up before walking inside the White House and took off his mask. Now back at the White House, will this experience result in any change? On Lawyer 2 Lawyer, host Craig Williams is joined by Harry Nelson, founder and managing partner of Nelson Hardiman, the largest boutique healthcare law firm in Los Angeles, to discuss the health of the president and whether it is a national security issue to not know his condition; to take a look at White House staff members and others testing positive; and to consider the duty of all employers to keep employees safe, the controversy over wearing masks, and the impact of the president’s words regarding the virus on the American public. Special thanks to our sponsors, Blue J Legal and LEX Reception.
On September 18th, 2020, we lost a powerhouse on the Supreme Court. An advocate, a fighter for women’s rights, and a trailblazer, Justice Ruth Bader Ginsburg passed away leaving behind a huge legacy, in addition to an empty seat on the Supreme Court. With less than two months before Election Day, controversy was sparked between republicans and democrats when President Trump nominated federal appellate judge and Notre Dame law professor Amy Coney Barrett, known as a conservative judge and a former clerk for Justice Scalia, to fill Justice Ginsburg’s seat. On Lawyer 2 Lawyer, host Craig Williams and is joined by Deborah Pearlstein, professor of constitutional and international law and co-director of the Floersheimer Center for Constitutional Democracy at Cardozo School of Law, discuss the latest on SCOTUS, the passing of Justice Ruth Bader Ginsburg and her legacy, the controversy surrounding President Trump's nomination of Amy Coney Barrett in an election year, and the potential impact on Roe v. Wade, healthcare and the High Court. Special thanks to our sponsors, Blue J Legal and LEX Reception.
This month, a series of excerpts from 18 recorded interviews between investigative journalist Bob Woodward and President Trump for Woodward’s book, Rage, were released. As many of you know, Bob Woodward, who was a young reporter with The Washington Post back in 1972, teamed up with another investigative reporter, Carl Bernstein to report on the Watergate scandal, ultimately leading to numerous government investigations and the eventual resignation of President Richard Nixon. In his book, Woodward interviewed President Trump on a variety of topics, including the threat of the coronavirus and Black Lives Matter. One of the more controversial revelations was from the recording on February 7th when Woodward asked about the threat of the coronavirus-President Trump responded, “It's also more deadly than your, you know, your even your strenuous flus. This is deadly stuff.” Meanwhile, on February 27th, during a White House press conference, the president was telling the American public something very different. So did the president knowingly keep this information from Americans? On Lawyer 2 Lawyer, host Craig Williams and guest co-host Bob Ambrogi are joined by historian Jim Robenalt, litigation partner at Thompson Hine LLP and John Dean, former White House counsel for President Richard Nixon, as they discuss the controversial excerpts from Bob Woodward's interviews with President Trump, the parallels to the Watergate scandal through these recently released "Trump Tapes,” and how these revelations could impact the president before the election. Special thanks to our sponsors, Blue J Legal and LEX Reception. Source: The Legacy of Watergate Authoritarian Nightmare: Trump and His Followers by John W. Dean and Bob Altemeyer (Melville House Books) January 1973: Watergate, Roe v. Wade, Vietnam, and the Month That Changed America Forever by James Robenalt Rage by Bob Woodward
In response to an article published on August 27th by Washington Post’s reporter David Fahrenthold on how the U.S. Secret Service has spent more than $900,000 at Trump properties during Trump’s presidency, White House spokesperson Judd Deere said: “The Washington Post is blatantly interfering with the business relationships of the Trump Organization, and it must stop...” “Please be advised that we are building up a very large ‘dossier’ on the many false David Fahrenthold and others stories as they are a disgrace to journalism and the American people.” On Lawyer 2 Lawyer, host Craig Williams is joined by Stephen Gillers, a professor of law at NYU School, and attorney Charles Glasser, an expert in international media law, as they discuss this alleged dossier, it's implications for freedom of the press, and the current and historic relationships between the White House and journalists. Special thanks to our sponsors, Blue J Legal and LEX Reception. Mentioned in this Podcast: Journalism Under Fire: Protecting the Future of Investigative Reporting The International Libel and Privacy Handbook
Since 2017, President Trump has issued 181 executive orders. Recently, the president has come under fire for issuing executive orders to provide economic relief to Americans during the pandemic, bypassing congress and its traditional "power of the purse". So what are these executive orders? Are they constitutional, and will the president see legal challenges? On today’s Lawyer 2 Lawyer, host Craig Williams is joined by professor Kimberly Wehle from the University of Baltimore School of Law and professor Michael W. McConnell, director of the Constitutional Law Center at Stanford Law School, to discuss the use of executive orders by the president and, specifically, the constitutionality of President Trump's recent pandemic motivated executive orders. Special thanks to our sponsors, Blue J Legal and LEX Reception. Mentioned in this Podcast: How to Read the Constitution--and Why What You Need to Know about Voting—and Why The President Who Would Not Be King: Executive Power Under the Constitution Establishment of Religion: Neutrality, Accommodation, and Separation
On July 30th, 2020, President Trump tweeted the following: "With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history. It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???" So, what does it mean when a sitting president calls for a delay of an election? What is the difference between universal mail in voting and absentee voting, and why does this controversy exist? And how will all of this impact the 2020 election? On today’s Lawyer 2 Lawyer, host Craig Williams is joined by professor James A. Gardner, a specialist in election law at the University at Buffalo School of Law, to spotlight voting in the upcoming election. Craig and Jim discuss the aforementioned tweet, the controversy surrounding mail-in voting, and predictions on what we will see on election day. Special thanks to our sponsors, Blue J Legal and LEX Reception.
From LGBTQ rights, to abortion, to the Dreamers, to Trump’s taxes, major rulings coming out of the Supreme Court in 2020, have been anything but ordinary. Through these decisions, we have witnessed the unpredictability of some of the justices-in particular, newly appointed justices Kavanaugh and Gorsuch, and Chief Justice John Roberts, who notably sided with the four liberal justices in a number of rulings. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Jeffrey Rosen to discuss SCOTUS, some of its more notable recent decisions, the justices, and the impacts of these rulings. Jeffrey Rosen is president and CEO of the National Constitution Center and also host of the We the People podcast. Special thanks to Jackie McDermott, producer of We the People, for her assistance in recording Jeffrey’s audio for this episode. Special thanks to our sponsors, Blue J Legal and LEX Reception. Links: We the People podcast constitutioncenter.org/podcasts Interactive Constitution constitutioncenter.org/constitution CLE constitutioncenter.org/CLE Conversations with RBG: Justice Ruth Bader Ginsburg on Life, Love, Liberty, and Law https://www.amazon.com/Conversations-RBG-Bader-Ginsburg-Liberty/dp/1250235162
On August 26, 1920, nearly two years after President Woodrow Wilson gave a speech before Congress in support of guaranteeing women the right to vote, Secretary of State Bainbridge Colby certified that the 19th Amendment had become a part of the Constitution, and women could no longer be denied their vote. While the amendment had been introduced to congress nearly forty years earlier and faced many challenges, women like Lucretia Mott, Elizabeth Cady Stanton, Susan B. Anthony, and Ida B. Wells-Barnett never stopped fighting and pushed for equality in the voting booth. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by historian Ellen Carol DuBois, author of the book, Suffrage: Women’s Long Battle for the Vote and law professor Paula A. Monopoli, author of the upcoming book, Constitutional Orphan: Gender Equality and the Nineteenth Amendment. Ellen and Paula discuss the upcoming 100th Anniversary of the official adoption of the 19th Amendment, take a look at the history of women fighting for voting rights, spotlight the women of the suffrage movement, and discuss the impact voting women will have on the upcoming election. Special thanks to our sponsors, Blue J Legal and LEX Reception.
In June 2017, a Title IX lawsuit was filed against three school districts and the Utah High School Activities Association seeking to add girls football teams to the lineup of sports offered to students. On today’s Lawyer 2 Lawyer, guest host Jared Correia is joined by attorney Brent Gordon, and his daughter and plaintiff, Sam Gordon, to talk about girls high school football, and their efforts to provide girls more equality of opportunity at the high school sports level. Special thanks to our sponsors, Blue J Legal.
On May 14, 2020, clients of the litigation firm Boies Schiller Flexner filed a malpractice lawsuit against the law firm alleging that the attorneys in their dispute gave them bad advice and drove up costs through overly aggressive litigation tactics. As a result of these actions, the malpractice plaintiffs claim they were forced to settle as they could not afford to appeal. According to an article published by the ABA Journal on May 18, 2020, Boies Schiller responded to the suit stating “This lawsuit is nothing more than a cynical attempt by a former client to avoid its obligation to pay the firm’s legal fees….the allegations are baseless and will not deter the firm from continuing its efforts to collect its fees.” On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Dick Semerdjian, founding partner of Schwartz Semerdjian, and attorney Jayne Reardon, the executive director of the Illinois Supreme Court Commission on Professionalism, as they discuss the current state of civility in the courts, the use of overly aggressive litigation tactics, and how the legal profession is promoting civility through various methods. Special thanks to our sponsors, Blue J Legal. Link: ABA Journal Article: Malpractice Suit Against Boies Schiller Alleges Overly Aggressive Litigation Tactics by Debra Cassens Weiss
On February 23rd, 2020, Ahmaud Arbery, a 25-year old African American man, was gunned down while jogging through his Brunswick, Georgia neighborhood, just steps from his home. Two armed white men, Gregory McMichael, a former officer with the Glynn County Police Department, and his son, Travis McMichael, told police they followed Arbery in their pickup truck, believing he was responsible for a series of burglaries in the neighborhood. Gregory claimed Ahmaud attacked his son, who then fired his weapon in self-defense, killing Arbery. There were no arrests at the scene and no charges were filed by prosecutors. Two months later, a video of the killing surfaced. The video, taken by William Roddy Bryan, a neighbor of the McMichaels who was in his vehicle also pursuing Arbery, contradicted the McMichaels account of what happened and led to a public outcry calling for justice for Ahmaud. On Thursday, May 7th, the Georgia Bureau of Investigation charged the McMichaels’ with murder and aggravated assault. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by attorney Christopher Bruce, the Political Director for the ACLU of Georgia, as they discuss the killing of Ahmaud Arbery, and take a look at the laws of Georgia, the handling of this case by prosecutors, the impact of the video, where this matter stands today, and what's to come in the future. Special thanks to our sponsors, Blue J Legal.
With certain states reopening across the nation, employers could soon face a host of legal issues when their employees return to work. For instance, per the decision of their governors, retail stores in South Carolina AND salons, barbershops and tattoo parlors in Georgia are included in the first round of businesses set to reopen. For these businesses, the safety of their customers and employees will necessitate new safety protocols and potentially expose employers to liability. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by attorney Margaret R. Kurlinski, a shareholder and chair of Godfrey & Kahn's Labor & Employment Practice Group, as they discuss the states’ reopening of businesses, what legal issues could arise, and the safety standards employers will need to put in place for their employees and customers. Special thanks to our sponsors, Blue J Legal.
On April 6th, 2020, on the eve of the Wisconsin primary, the US Supreme Court ruled in favor of the Republican National Committee and Wisconsin Republicans, thus refusing to extend the deadline for absentee ballots in Wisconsin in the middle of a pandemic. With thousands of voters no longer able to vote by mail, this decision led to long lines at understaffed voting locations across Wisconsin, and masked voters attempting to maintain safe distances from each other. As we approach a major nationwide election in November, what kind of obstacles can voters expect to face on Election Day? On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Ned Foley, director of Election Law at Ohio University, Moritz College of Law, and Charles Stewart, III, the director of the Caltech/MIT Voting Technology Project, to discuss voting during a pandemic. They take a look at SCOTUS' Wisconsin primary decision, Vote-By-Mail, and the impact the pandemic will have on the upcoming election. Special thanks to our sponsors, Blue J Legal.
As our nation battles the COVID-19 pandemic, our president’s response and leadership is being tested. Ventilators are in short supply, hospitals across the states are in desperate need of masks, supplies, tests, and beds, and governors across the country have been hitting the airwaves pleading for assistance from the federal government. So, what are the respective roles of the federal government and the state governments in a time of crisis? On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Robert L. Tsai, constitutional law professor at the American University College of Law, and professor Glenn Cohen, faculty director at the Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics at Harvard Law School, as they explore the concepts of federalism and states’ rights, the tug of war between the governors and the president over COVID-19, leadership during a crisis, and the constitutional underpinnings. Special thanks to our sponsors, Blue J Legal.
On February 26, 2020 the 2nd Circuit Court of Appeals in Manhattan ruled that the Department of Justice could withhold funding from “sanctuary cities”, the common term for cities and states that refuse to cooperate with the Trump administration's crackdown on undocumented immigrants. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Ilya Somin, professor of Law at George Mason University, and Philip L. Torrey, managing attorney of the Harvard Immigration and Refugee Clinical Program, to discuss President Trump's intent to withhold federal funding to sanctuary cities. They take a look at this recent ruling, the legal issues that could arise from the withholding of federal funding, and the impact this could have on state/local rights and immigration. Special thanks to our sponsors, Blue J Legal.
On February 25, 2020, in a 5-4 ruling in the case of Hernandez v. Mesa, the Supreme Court ruled that the parents of Sergio Adrián Hernández Güereca, a 15-year-old Mexican national who was fatally shot by Border Patrol Agent Jesus Mesa, Jr., cannot sue the U.S. Customs Border Patrol agent for damages under the U.S. Constitution and that the 1971 Bivens v. Six Unknown Named Agents ruling, does not extend to the family’s cross-border shooting claims. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by professor James Pfander, from Northwestern Pritzker School of Law to discuss the recent SCOTUS decision in Hernandez v. Mesa. Craig and James take a look at this case and the path to the Supreme Court, the 5-4 ruling, and the impact this decision will have on future cases regarding the border. Special thanks to our sponsors, Blue J Legal.
First identified in early December 2019, a novel strain of coronavirus, informally named Wuhan Coronavirus (now formally named COVID-19 by World Health Organization) after the area it was first found, has attracted the attention of the world. As of February 10, 2020, more than one thousand people have died, and tens of thousands of others have been infected. As fears continue to mount, disruptions to trade and travel are being felt around the world, and a rising volume of misinformation about the outbreak has resulted in the World Health Organization declaring an "infodemic". On today’s Lawyer 2 Lawyer, host Craig Williams is joined by attorney Grace Yang who works out of Harris Bricken’s Seattle and Beijing offices, as they discuss this new coronavirus outbreak. Craig and Grace look at the real picture of what’s happening, the overall impact on travel and business, and China's new rules for dealing with the coronavirus. Special thanks to our sponsors, Blue J Legal.
The impeachment trial of President Donald J. Trump is underway and, as expected, it has come with its share of controversy. On December 18, 2019, President Trump was impeached by the House of Representatives for abuse of power and obstruction of Congress. As of the date of this recording, which is January 29, 2020, the Republicans had uniformly resisted demands to call witnesses and subpoena new evidence not presented in the House investigation. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Tom Jipping, the deputy director of the Edwin Meese III Center for Legal and Judicial Studies and a Senior Legal Fellow for the Heritage Foundation and attorney Alan Baron, a special counsel to government entities, as they discuss the impeachment trial, specifically the issues of witnesses, new evidence, its constitutionality, the House managers, the impact of the trial on the presidency, and, of course the potential outcome. Special thanks to our sponsors, Blue J Legal.
Upon their admittance to practice, new attorneys agree to abide by their jurisdiction's ethical rules. For most states, this means upholding some version of the ABA's Model Rules of Professional Conduct, which prescribes standards of legal ethics and professional responsibility for lawyers. However, despite the existence of these rules, and all lawyers’ agreement to follow them, violations of the rules are not exactly uncommon. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by Deborah L. Rhode, the Ernest W. McFarland Professor of Law and the director of the Center on the Legal Profession at Stanford Law School, and Scott Cummings, the Robert Henigson Professor of Legal Ethics and professor of law at UCLA School of Law, as they explore legal ethics in today's world, the value of adhering to the ethical rules, and what lawyers can do to maintain the reputation of the profession. Special thanks to our sponsors, Blue J Legal.
At the top of the New Year, President Trump ordered an airstrike killing Iranian Commander Qassem Soleimani, the head of Iran's elite Quds military force. President Trump justified the action by citing Soleimani's decades long tension with the U.S., threats directed towards Americans, and the killing of an American contractor near the Iraqi city of Kirkuk. The question today is, was the airstrike legal? On today’s Lawyer 2 Lawyer, host Craig Williams is joined by attorney Bradley P. Moss from the Law Office of Mark S. Zaid, P.C and professor Rebecca Ingber, an expert in international and national security law, bureaucracy, and presidential power at Boston University School of Law, as they discuss the legal issues surrounding the airstrike, the circumstances that prompted it, and its potential ramifications both domestic and international. Special thanks to our sponsors, Blue J Legal.
Divorce can be a grueling process for couples. The days of standing in front of a judge are becoming less common. Instead mediation has become one of the most frequently used methods of negotiating a divorce settlement. On today’s Lawyer 2 Lawyer, host Craig Williams is joined by attorney Kelly Chang Rickert, founder of the Law and Mediation Offices of Kelly Chang, to turn the spotlight onto the divorce mediation movement. Together they explore the pros and cons of mediation over litigation in divorce proceedings, and the impact on the couple and their dependents going forward. Special thanks to our sponsors, Blue J Legal.
There is a big problem in the realm of private practice: women are leaving the practice of law at the height of their careers. Whether due to caretaking commitments, billable hours, or stress, women are leaving in droves. To get to the bottom of this growing problem, two attorneys conducted a survey on women leaving the law, incorporating responses from 1,262 individuals, of whom 70% were women and 30% were men. The data reflected in this report are from the collaborative survey research project between the ABA and ALM Intelligence. On Lawyer 2 Lawyer, guest host Bob Ambrogi is joined by ABA President Judy Perry Martinez and the two authors of the study, Stephanie Scharf & Roberta Liebenberg, to take a look at their findings why women are leaving the law, the impact these departures have on firms, and what is being done to keep women at law firms. Special thanks to our sponsors, Clio and Blue J Legal.
On November 12th, 2019 the U.S. Supreme Court ruled that the families of the Sandy Hook Elementary School shooting victims can proceed with a lawsuit against Remington Arms Co., maker of the Bushmaster firearm used in the Newtown shootings. Remington Arms had sought to block the lawsuit, but was denied. On Lawyer 2 Lawyer, host Craig Williams is joined by Timothy D. Lytton, associate dean for Research & Faculty Development at Georgia State University College of Law, and attorney Stephen P. Halbrook, senior fellow at the Independent Institute, to discuss the Supreme Court's ruling in this matter and the potential impact this lawsuit may have for victims of gun violence and the gun industry as a whole. Special thanks to our sponsors, Clio and Blue J Legal.