Podcasts about American Law Institute

Who is on the horizon?At the 2025 Alumni Forum, Chief Magistrate Judge Karen Stevenson '79 challenged the more than 700 attendees not to look for heroes to enact change. “Nobody's coming. We're it. All of us are it,” the alumna said at the Mazzocchi Alumni Dinner in Chapel Hill on October 18, 2025. Speaking from her experience on the federal bench in Los Angeles, Karen shared her thoughts on current challenges facing American institutions, connected them to historical struggles for civil rights, and issued a direct challenge: the responsibility to build a more perfect union falls on each of us. She called on the Morehead-Cain community to lead with courage, kindness, and generosity. “I dare to say no one is coming to extricate us from this existential moment,” the judge said. “This one is on us to lead, to act with integrity, to care for our neighbors, to move with compassion in the world, and take right action.”Watch the keynote address on Morehead-Cain's YouTube channel.Karen is a member of the first class of women Morehead-Cain Scholars. She is an elected member of the American Law Institute, a Fellow of the American Bar Foundation, and co-author of Rutter Group Practice Guide: Federal Civil Procedure Before Trial. The judge was honored at the 2024 Morehead-Cain Black Alumni Reunionin Chapel Hill, alongside the first Black graduate of the Program, Harvey Kennedy '74.Karen and Harvey were also honored at the Forum by the unveiling of a commissioned portrait of the pair on October 17, 2025. The painting, by Durham-based artist William Paul Thomas, is on display at the Morehead-Cain Foundation. 

What happens when 1970s defamation law collides with the Internet, social media, and AI? University of Florida Law School legal scholar Lyrissa Lidsky — who is also a co-reporter for the American Law Institute's Restatement (Third) of Torts: Defamation and Privacy — explains how the law of libel and slander is being rewritten for the digital age. Lyrissa, Jane, and Eugene discuss why the old line between libel and slander no longer makes sense; how Section 230 upended defamation doctrine; the future of New York Times v. Sullivan and related First Amendment doctrines; Large Libel Models (when Large Language Models meet libel law); and more. Subscribe for the latest on free speech, censorship, social media, AI, and the evolving role of the First Amendment in today's proverbial town square. 

The American Law Institute's updated malpractice standard marks a major shift away from the old locality rule.

Lecture summary: Over centuries and across continents, authoritarian governments have demonstrated a large appetite for international cooperation to target political opponents across borders. As the world's premier body for international police cooperation, Interpol is not supposed to facilitate this kind of transnational repression -- and yet, in recent years, there is growing concern that authoritarian governments are abusing Interpol's tools. Interpol has taken meaningful steps to curb such abuse, but the durability of those protections is in doubt given the rising influence of authoritarian governments in that organization. The looming question is at what point universal multilateral cooperation with respect to law enforcement might cease to be viable.Kristina Daugirdas is the Francis A. Allen Collegiate Professor of Law at the University of Michigan Law School. She teaches and writes primarily in the fields of international law and institutions.Her scholarship currently focuses on international organizations, accountability mechanisms, and the ongoing evolution of the international legal system. She is a member of the editorial board of the International Organizations Law Review and the State Department's Advisory Committee on International Law. She also serves as an adviser to the American Law Institute's Restatement (Fourth) of Foreign Relations Law.In 2016–2017, Daugirdas was a visiting fellow at the Graduate Institute of International and Development Studies in Geneva and served as a consultant on public international law issues for the World Intellectual Property Organization. From 2014 to 2017, she co-authored the Contemporary Practice of the United States Relating to International Law: A section of the American Journal of International Law. In 2014, she was awarded the Francis Deák Prize for an outstanding article published in the American Journal of International Law by a younger author.Daugirdas has taken on significant leadership roles at the law school, including serving as Associate Dean for Academic Programming from 2021 to 2024. She also led a subcommittee of the Advisory Committee on the University of Michigan Principles on Diversity of Thought and Freedom of Expression.Prior to entering academia, Daugirdas was an attorney-adviser at the State Department's Office of the Legal Adviser, receiving multiple honors for her service. As an attorney-adviser, she provided guidance on the negotiation and implementation of UN Security Council sanctions and amicus participation by the US government in lawsuits with foreign policy implications.Chair: Prof Fernando Lusa BordinThis lecture was given on 7 November 2025 and is part of the Friday Lunchtime Lecture series at the Lauterpacht Centre.

Lecture summary: Over centuries and across continents, authoritarian governments have demonstrated a large appetite for international cooperation to target political opponents across borders. As the world's premier body for international police cooperation, Interpol is not supposed to facilitate this kind of transnational repression -- and yet, in recent years, there is growing concern that authoritarian governments are abusing Interpol's tools. Interpol has taken meaningful steps to curb such abuse, but the durability of those protections is in doubt given the rising influence of authoritarian governments in that organization. The looming question is at what point universal multilateral cooperation with respect to law enforcement might cease to be viable.Kristina Daugirdas is the Francis A. Allen Collegiate Professor of Law at the University of Michigan Law School. She teaches and writes primarily in the fields of international law and institutions.Her scholarship currently focuses on international organizations, accountability mechanisms, and the ongoing evolution of the international legal system. She is a member of the editorial board of the International Organizations Law Review and the State Department's Advisory Committee on International Law. She also serves as an adviser to the American Law Institute's Restatement (Fourth) of Foreign Relations Law.In 2016–2017, Daugirdas was a visiting fellow at the Graduate Institute of International and Development Studies in Geneva and served as a consultant on public international law issues for the World Intellectual Property Organization. From 2014 to 2017, she co-authored the Contemporary Practice of the United States Relating to International Law: A section of the American Journal of International Law. In 2014, she was awarded the Francis Deák Prize for an outstanding article published in the American Journal of International Law by a younger author.Daugirdas has taken on significant leadership roles at the law school, including serving as Associate Dean for Academic Programming from 2021 to 2024. She also led a subcommittee of the Advisory Committee on the University of Michigan Principles on Diversity of Thought and Freedom of Expression.Prior to entering academia, Daugirdas was an attorney-adviser at the State Department's Office of the Legal Adviser, receiving multiple honors for her service. As an attorney-adviser, she provided guidance on the negotiation and implementation of UN Security Council sanctions and amicus participation by the US government in lawsuits with foreign policy implications.Chair: Prof Fernando Lusa BordinThis lecture was given on 7 November 2025 and is part of the Friday Lunchtime Lecture series at the Lauterpacht Centre.

Lecture summary: Over centuries and across continents, authoritarian governments have demonstrated a large appetite for international cooperation to target political opponents across borders. As the world's premier body for international police cooperation, Interpol is not supposed to facilitate this kind of transnational repression -- and yet, in recent years, there is growing concern that authoritarian governments are abusing Interpol's tools. Interpol has taken meaningful steps to curb such abuse, but the durability of those protections is in doubt given the rising influence of authoritarian governments in that organization. The looming question is at what point universal multilateral cooperation with respect to law enforcement might cease to be viable.Kristina Daugirdas is the Francis A. Allen Collegiate Professor of Law at the University of Michigan Law School. She teaches and writes primarily in the fields of international law and institutions.Her scholarship currently focuses on international organizations, accountability mechanisms, and the ongoing evolution of the international legal system. She is a member of the editorial board of the International Organizations Law Review and the State Department's Advisory Committee on International Law. She also serves as an adviser to the American Law Institute's Restatement (Fourth) of Foreign Relations Law.In 2016–2017, Daugirdas was a visiting fellow at the Graduate Institute of International and Development Studies in Geneva and served as a consultant on public international law issues for the World Intellectual Property Organization. From 2014 to 2017, she co-authored the Contemporary Practice of the United States Relating to International Law: A section of the American Journal of International Law. In 2014, she was awarded the Francis Deák Prize for an outstanding article published in the American Journal of International Law by a younger author.Daugirdas has taken on significant leadership roles at the law school, including serving as Associate Dean for Academic Programming from 2021 to 2024. She also led a subcommittee of the Advisory Committee on the University of Michigan Principles on Diversity of Thought and Freedom of Expression.Prior to entering academia, Daugirdas was an attorney-adviser at the State Department's Office of the Legal Adviser, receiving multiple honors for her service. As an attorney-adviser, she provided guidance on the negotiation and implementation of UN Security Council sanctions and amicus participation by the US government in lawsuits with foreign policy implications.Chair: Prof Fernando Lusa BordinThis lecture was given on 7 November 2025 and is part of the Friday Lunchtime Lecture series at the Lauterpacht Centre.

My conversation with  Ray Madoff starts at about 35    minutes in to today's show  Stand Up is a daily podcast. I book,host,edit, post and promote new episodes with brilliant guests every day. This show is Ad free and fully supported by listeners like you! Please subscribe now for as little as 5$ and gain access to a community of over 750 awesome, curious, kind, funny, brilliant, generous souls Join us Thursday's at 8EST for our Weekly Happy Hour Hangout!  Subscribe and Watch Interviews LIVE  On YOUTUBE.com/StandUpWithPete ON SubstackStandUpWithPete The Second Estate How the Tax Code Made an American Aristocracy Ray D. Madoff A revelatory book that lifts the curtain on America's most consequential public deception: how the rich get richer using tools the government gave them. Amid conflicting narratives about the drivers of wealth and inequality in the United States, one constant hovers in the background: the US tax code. No political force has been more consequential—or more utterly opaque—than the 7,000-page document that details who pays what in American society and government. Most of us have a sense that it's an unfair system. But does anyone know exactly how it's unfair? Legal scholar Ray D. Madoff knows. In The Second Estate, she offers an unprecedented look behind the scenes of America's byzantine system of taxation, laying bare not only its capacity to consolidate wealth but also the mechanisms by which it has created two fundamentally separate American societies: the working Americans who pay and the ultra-rich who benefit. This is not a story of offshore accounts or secret tax havens. In The Second Estate, Madoff shows that the US system itself has, over time, been stripped and reconstituted such that it now offers a series of secret paths, hidden in plain sight, for wealthy people in the know to avoid taxation altogether. Through the strategic avoidance of traditional income, leveraging of investments and debt, and exploitation of rules designed to promote charitable giving, America's wealthy do more than just pay less than their share; they remove themselves from the tax system entirely. Wealth becomes its own sovereign state, and the living is surprisingly—and maddeningly—cheap. Ray Madoff is a professor at Boston College Law School, where she teaches and writes in philanthropy policy, taxes, property, and estate planning. She is Co-founder and Director of the Boston College Law School Forum on Philanthropy and the Public Good, a non-partisan think tank that convenes scholars and practitioners to explore questions regarding whether the rules governing the charitable sector best serve the public good. Madoff is the author of Immortality and the Law: The Rising Power of the American Dead (Yale University Press), which looks at how American law treats the interests of the dead and what this tells us about our values for the living. The Financial Times called it "a sparkling polemic." She is also the lead author on one of the top treatises on estate planning entitled Practical Guide to Estate Planning (CCH). Madoff's expertise includes philanthropy policy, the rights of the dead (including the ability of the dead to control their bodies, reputation, and property), estate taxes, comparative inheritance law, and wealth inequality and taxes. A regular commentator on a number of these topics, Madoff has appeared on dozens of national radio shows including On Point, Talk of the Nation, All Things Considered, Here and Now, and Marketplace, among others. Madoff is a frequent contributor to the opinion pages of the New York Times and has published op-eds in the Washington Post, Wall Street Journal, LA Times, Boston Globe and Chronicle of Philanthropy. Among her professional activities, Madoff is a member of the American Law Institute, an academic fellow of the American College of Trusts and Estate Counsel, and past president of the American Association of Law Schools' Trusts and Estates Section. She was named a 2014 Top Women of the Law by Mass Lawyer's Weekly and Critic of the Year by Inside Philanthropy. She was also named to the NonProfit Times Power & Influence Top 50 in 2017 and 2018 for her work promoting reform of the tax rules governing philanthropy.  An experienced mediator, Madoff is a leading authority on the use of mediation to resolve will and trust disputes. Prior to teaching, she was a practicing attorney for nine years in New York and Boston. Join us Thursday's at 8EST for our Weekly Happy Hour Hangout!  Subscribe and Watch Interviews LIVE    On YOUTUBE.com/StandUpWithPete ON SubstackStandUpWithPete   Pete on Blue Sky Pete on Threads Pete on Tik Tok Pete on YouTube  Pete on Twitter Pete On Instagram Pete Personal FB page Stand Up with Pete FB page   Gift a Subscription https://www.patreon.com/PeteDominick/gift Send Pete $ Directly on Venmo All things Jon Carroll  Buy Ava's Art    Subscribe to Piano Tuner Paul Paul Wesley on Substack Listen to Barry and Abigail Hummel Podcast Listen to Matty C Podcast and Substack Follow and Support Pete Coe Hire DJ Monzyk to build your website or help you with Marketing

Are we witnessing the weakening of political parties? If that is the case, what are the effects of this phenomenon on democracy? Is there a market for centrist politics? Has the US turned populist? And what is the future for Argentina under President Javier Milei? Leszek Jazdzewski (Fundacja Liberte!) talks with Samuel Issacharoff, the Bonnie and Richard Reiss Professor of Constitutional Law at the NYU School of Law. He is a leading figure in the study of democracy, constitutions, and the courts, and is the author of Fragile Democracies: Contested Power in the Era of Constitutional Courts and, more recently, Democracy Unmoored: Populism and the Corruption of Popular Sovereignty. He also is a leading figure in the field of procedure and complex litigation, and served as the reporter for the American Law Institute's Principles of Aggregate Litigation. He served as a senior legal advisor to the presidential campaigns of Barack Obama and has long experience as an appellate advocate in American courts. He is a member of the American Academy of Arts and Sciences. Tune in for their talk! This podcast is produced by the European Liberal Forum in collaboration with Movimento Liberal Social and Fundacja Liberté!, with the financial support of the European Parliament. Neither the European Parliament nor the European Liberal Forum are responsible for the content or for any use that be made of.

Professor Ian Holloway joins Robin Frazer Clark and Lester Tate to discuss the legal, historical, and economic connections between Canada and the United States—and why civility still matters in the pursuit of justice. Highlights include: Why U.S. and Canadian legal systems feel so familiar—and where they diverge. Stories from the War of 1812, WWII, and modern trade alliances. Canada's unique role as Georgia's #1 trading partner. Ian's definition of justice as a shared duty.   Guest Bio Ian Holloway was the Dean of Law at the University of Calgary from 2011 to 2024.   Prior to this, Ian served as dean at another Canadian law school (Western Ontario?), and as associate dean at the Australian National University. Over the years, he has also held appointments at Cambridge and the National University of Singapore. He is a graduate of Dalhousie University, the University of California at Berkeley and the Australian National University. He is also an alumnus of the Kellogg School of Management at Northwestern University and the John F Kennedy School of Government at Harvard University. He is widely-published, both in Canada and around the world. In addition, he has published a book on naval history as well as many essays or other pieces in various legal and non-legal periodicals. He has been a regular columnist for Canadian Lawyer Magazine for a number of years.   Before beginning his academic career, Ian spent a number of years in private practice in Halifax with the Atlantic Canadian law firm of McInnes Cooper, where he focused on labour and employment law. He also served as the law clerk to the chief justice of the Federal Court of Appeal. In 2003, Ian was elected to membership in the American Law Institute, a distinction that is held by only a handful of Canadians. In 2004, he was appointed Queen's Counsel. In 2007, he chaired the review of legal education in Oman. In 2013-14, Ian served as the legal education and  raining team leader for the Canadian Bar Association's Futures project. In 2018, he was elected a Fellow of the  College of Law Practice Management, the first Canadian legal academic to be so honoured.   Ian is a member of the Nova Scotia Barristers'  Society, the Law Society of Ontario, the Law Society of Alberta and the Canadian Bar Association. He is currently a Trustee of the NALP Foundation, and formerly served for eight years as a Trustee of the Law School Admission Council. He served as a Governor of the Southern Alberta Division of the Canadian Corps of Commissionaires. He was a member of the Advisory Council to the Minister of Heritage on the Commemoration of the War of 1812, and he served as a member of the vice-regal selection committee for the Lieutenant Governor of Alberta. In 2015, he was appointed to the National Security and Intelligence Review Agency, and made a member of the King's Privy Council for Canada.   Beyond the legal sphere, Ian spent a total of twenty-five years serving in the Royal Canadian and Royal Australian Navies. Ian has received numerous awards in his career, including Queen Elizabeth II Diamond Jubilee Medal in 2013, the Commemorative Medal for the 125th Anniversary of Canadian Confederation in 1992, the Canadian Forces Decoration in 1989, and the Queen Elizabeth II Platinum Jubilee Medal (Alberta) in 2022. Links: Ian Holloway | UCalgary Profiles | University of Calgary Lester Tate: http://www.akintate.com/ Robin Frazer Clark: https://www.gatriallawyers.net/ See You In Court (seeyouincourtpodcast.org) To learn more about the Georgia Civil Justice Foundation, visit fairplay.org

Episode #74 with Tram Anh Nguyen and Professor Marc I. Steinberg

What are the pre-political grounds of property rights? What are the just uses of property according to natural rights and the natural law? In this Anchoring Truths Podcast episode, Prof. Eric Claeys, presents his research on these questions inspired by his new book Natural Property Rights. Claeys, discusses the ways a natural right to property is justified and limited, drawing on sources from ancient, medieval and contemporary analytic philosophy. Claeys also describes the history of how a natural right understanding of property has influenced American positive law and jurisprudence. Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. In his scholarship, Professor Claeys studies theories of natural law and natural rights and their implications in property law. Professor Claeys is a member of the American Law Institute, he serves on the ALI's Members' Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.Professor Claeys received his AB from Princeton University and his JD from the University of Southern California Law School. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States. He has also taught at Saint Louis University, the University of Chicago Law School, and Harvard Law School, and he is a member of the Princeton Politics Department's James Madison Program in American Ideals and Institutions.  

From April 12, 2024: The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It's been invoked dozens of times by presidents to respond to crises in the over 230 years that it's been around, but it hasn't been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it's finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Kevin Werbach interviews Dale Cendali, one of the country's leading intellectual property (IP) attorneys, to discuss how courts are grappling with copyright questions in the age of generative AI. Over 30 lP awsuits already filed against major generative AI firms, and the outcomes may shape the future of AI as well as creative industries. While we couldn't discuss specifics of one of the most talked-about cases, Thomson Reuters v. ROSS -- because Cendali is litigating it on behalf of Thomson Reuters -- she drew on her decades of experience in IP law to provide an engaging look at the legal battlefield and the prospects for resolution.  Cendali breaks down the legal challenges around training AI on copyrighted materials—from books to images to music—and explains why these cases are unusually complex for copyright law. She discusses the recent US Copyright Office report on Generative AI training, what counts as infringement in AU outputs, and what is sufficient human authorship for copyirght protection of AI works. While precedent offers some guidance, Cendali notes that outcomes will depend heavily on the specific facts of each case. The conversation also touches on how well courts can adapt existing copyright law to these novel technologies, and the prospects for a legislative solution. Dale Cendali is a partner at Kirkland & Ellis, where she leads the firm's nationwide copyright, trademark, and internet law practice. She has been named one of the 25 Icons of IP Law and one of the 100 Most Influential Lawyers in America. She also serves as an advisor to the American Law Institute's Copyright Restatement project and sits on the Board of the International Trademark Association. Transcript Thompson Reuters Wins Key Fair Use Fight With AI Startup Dale Cendali - 2024 Law360 MVP Copyright Office Report on Generative AI Training

Jon Michaels is a UCLA professor of law specializing in constitutional and national security law. His award-winning scholarship has appeared in the Yale Law Journal, University of Chicago Law Review, and Harvard Law Review, and he has written popular essays for the New York Times, Washington Post, Los Angeles Times, Foreign Affairs, and Guardian. A Yale Law graduate and Supreme Court clerk, Michaels is a member of the American Law Institute and serves on the advisory board of UCLA's Safeguarding Democracy Project. His latest book, co-written with David Noll, is VIGILANTE NATION: How State-Sponsored Terror Threatens our Democracy Is what Donald Trump's doing in LA with the National Guard and the Marines legal? Constitutional? And what happens next? Who ultimately will win this consequential national showdown between Gov. Gavin Newsom and Trump. Jon answers these questions and more. Got somethin' to say?! Email us at BackroomAndy@gmail.com Leave us a message: 845-307-7446 Twitter: @AndyOstroy Produced by Andy Ostroy, Matty Rosenberg, and Jennifer Hammoud @ Radio Free Rhiniecliff Design by Cricket Lengyel

This week's show is sponsored by: EPIC-MRA Public Opinion Research MIRS News Fulton Fish Market

Deborah Archer is a tenured professor and Associate Dean at New York University School of Law. She is also the president of the ACLU and a nationally recognized expert on civil liberties, civil rights, and racial justice. She is an elected member of the American Academy of Arts and Sciences and the American Law Institute, and an award-winning teacher and legal scholar. Before full-time teaching, she worked as an attorney with the ACLU and the NAACP Legal Defense and Educational Fund, Inc., where she litigated voting rights, employment discrimination, and school desegregation. She previously served as chair of the New York City Civilian Complaint Review Board, the nation's oldest and largest police oversight agency. Deborah is the author of the new book Dividing Lines: How Transportation Infrastructure Reinforces Racial Inequality. Deborah and I discuss her new book and how the ACLU is addressing unconstitutional actions of Trump 2.0. Got somethin' to say?! Email us at BackroomAndy@gmail.com Leave us a message: 845-307-7446 Twitter: @AndyOstroy Produced by Andy Ostroy, Matty Rosenberg, and Jennifer Hammoud @ Radio Free Rhiniecliff Design by Cricket Lengyel

This discussion provides an overview of fundamental concepts in real property law. They explain different types of ownership interests, including fee simple estates, outlining the rights associated with owning land and attached structures. The texts also discuss how property interests are transferred, covering topics like deeds, mortgages as security interests, and recording statutes. Furthermore, they explore nonpossessory interests in property, such as easements, covenants, and servitudes, which affect how land can be used, alongside the government's power of eminent domain and the restrictions imposed by zoning laws. The sources highlight the legal doctrines and procedures surrounding these concepts.TakeawaysNon-possessory rights include easements, profits, and covenants.Easements allow use of another's land; profits allow resource extraction.Covenants can be real or equitable, affecting enforcement options.The Restatement Third of Property aims to unify property interests under servitudes.Moral obligation to keep promises is a key reason for enforcing covenants.Dead hand control concerns arise with perpetual restrictions.Traditionally, courts favored enforcing easements over real covenants and equitable servitudes. The American Law Institute's Restatement (Third) of the Law of Property unified these concepts under the term "servitudes" to simplify and rationalize the law.A prospective owner could purchase the property at its lower, encumbered market price and simultaneously negotiate and pay the holder of the servitude an amount to release it. This allows the purchaser to acquire the property free of the restriction.The two essential conditions are that the property must be used for a "public purpose only," and the property owner must be "compensated at fair market value."Inverse condemnation is an action initiated by a property owner when government regulation is so substantial that it effectively amounts to a taking, even without formal condemnation proceedings. Direct eminent domain is the government explicitly using its power to take private property.The "bundle of rights" concept views property ownership not as a single right, but as multiple distinct rights that can be held separately. Key rights include the right to possess, use, exclude others, enjoy benefits, and transfer interests. (Any two of these are acceptable).Fee simple is an estate of indefinite duration in real property that can be freely transferred. It is considered the most common and absolute type of estate, granting the owner the greatest discretion over the property's disposal.An estate for years is a leasehold that endures for a fixed, predetermined period and ends automatically without notice. A periodic tenancy endures for successive intervals (e.g., month to month) until properly terminated by notice equal to the length of the period (or as prescribed by statute).In most jurisdictions, a landlord has a duty to make reasonable efforts to re-let vacated premises if a tenant wrongfully abandons the lease. This duty is to reduce the landlord's losses and prevent them from allowing the property to remain empty while still suing for the full rent owed.Adverse possession is a legal doctrine allowing a trespasser to acquire valid title to land by occupying it in a continuous, exclusive, open, notorious, and hostile manner for a statutory period. The public policy motivation is to reward productive land use, quiet title disputes, and resolve boundary issues, discouraging neglected property.A grant deed is written proof that the property title is owned free and clear of claims or liens and promises that the property hasn't been sold to anyone else. A quitclaim deed transfers whatever interest the grantor has in the property, without making any warranties or guarantees about the title.property law, non-possessory interests, easements, covenants, eminent domain, legal concepts, law students, property rights, zoning, land use

Today's podcast show features a discussion with Professor Gregory Klass of Georgetown University Law School about an article he co-authored with Professor Ian Ayres, entitled “How to Use the Restatement of Consumer Contracts: A Guide for Judges.” The article will be published this year in the Harvard Business Law Review (vol 15), and is available here. The abstract of the article states: “In the absence of major legislation or regulatory action, U.S. consumers will continue to look to courts and the common law for protection when businesses engage in unfair and deceptive contracting practices. In May 2022, the American Law Institute approved the Restatement of the Law, Consumer Contracts. This new Restatement provides a valuable resource for courts tasked with deciding the legal effects of standard terms that businesses draft and consumers do not read. This essay identifies six pieces of the new Restatement we believe courts should pay special attention to and discusses the importance of each. It also charts several ways courts might go beyond the new Restatement to protect consumers against abusive contracting practices. Unless and until legislators and regulators step in, U.S. courts should continue to reshape the common law to address risks that new technologies of contracting create.” We discuss the following questions related to this Restatement: The history and scope of the Restatement of Consumer Contracts project Why was there perceived to be a need for a separate restatement for consumer contract law when there has been a Restatement of Contracts for many decades? Was it wise to publish a Restatement of Consumer Contracts as opposed to a Statement of Principles since the document to a large extent focuses on what the law should be, rather than on what the law is? The identification of several parts of the Restatement to which Professor Klass believes the courts should pay special attention: a.      The “reasonable expectations” rule in Section 4; b.     The unconscionability defense in Section 6; c.      The deception defense in Section 7; and, d.      The Parol Evidence rule Alan Kaplinsky, Senior Counsel and former chair for 25 years of the Consumer Financial Services Group, hosts the discussion.  

Jody reviews a recent Special Communication from JAMA about a 2024 update of medical malpractice standards from the American Law Institute.Reference:Aaron DG, Robertson CT, King LP, Sage WM. A New Legal Standard for Medical Malpractice. JAMA. Published online February 26, 2025. doi:10.1001/jama.2025.0097

Speaker: Professor Margo Bagley, Emory University School of Law Abstract: 2024 was a year for multilateral IP like no other. WIPO Member states adopted two new treaties last year: the WIPO Treaty on IP, Genetic Resources and Associated Traditional Knowledge and the Riyadh Design Law Treaty. Both were groundbreaking in their mention of one or more of genetic resources, traditional knowledge, traditional cultural expressions, and indigenous peoples and local communities, none of which are standard IP topics and all of which have been controversial additions to the normative work at WIPO. Moreover, both treaties address disclosure of origin for one or more of these controversial areas, another first for a WIPO treaty. I will discuss how these two treaties came to fruition and their ramifications for future multilateral IP treaty-making.Biography: Margo A. Bagley is Asa Griggs Candler Professor of Law at Emory University School of Law. She returned to Emory in 2016 after ten years at the University of Virginia School of Law, where she held the Hardy Cross Dillard chair. She was the Hieken Visiting Professor in Patent Law at Harvard Law School in Fall 2022. Her scholarship focuses on comparative issues relating to patents and biotechnology, pharmaceuticals and access to medicines, and IP and social justice issues. Professor Bagley served on two National Academies Committees on IP matters, is a technical expert to the African Union in World Intellectual Property Organization (WIPO) matters, and has served as a consultant to several United Nations organizations. She has served as a US Department of Commerce Commercial Law Development Program advisor and currently serves as a member of the U.S. DARPA ELSI Team for the BRACE project. She is an elected member of the American Law Institute and a faculty lecturer with the Munich Intellectual Property Law Center at the Max Planck Institute in Germany, and also has taught patent related courses in China, Cuba, Israel, and Singapore. She has published numerous articles, book chapters, and monographs as well as two books with co-authors with a third on the way. She is registered to practice before the U.S. Patent and Trademark Office, practiced patent law with both Finnegan, Henderson, Farabow, Garrett & Dunner, and Smith, Gambrell and Russell, and has been an expert witness in several patent cases. A chemical engineer by training, Professor Bagley worked in industry for several years before attending law school at Emory where she was a Woodruff Fellow. She is a co-inventor on patents on peanut butter and bedding technology. For more information see: https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars

In 2024, the American Law Institute revised the legal standard for assessing medical negligence. Author Christopher T. Robertson, JD, PhD, of Boston University School of Law joins JAMA Executive Editor Gregory Curfman, MD, to discuss these changes in the first-ever restatement of the law. Related Content: A New Legal Standard for Medical Malpractice Another Medical Malpractice Crisis?

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

Land Back is an Indigenous-led movement focused on returning land to Indigenous Tribes in a way that strengthens Indigenous sovereignty and communities. This episode features a discussion about how Land Back comes up in the context of estate planning and introduces key concepts for estate planners, financial advisors, and tax advisors to assist clients in taking suchaction.About Our Guests:Alma Soongi Beck is an attorney in  Lathrop GPM Private Client Services Practice Groups. Beck is certified as a specialist in estate planning, trust, and probate law by the State Board of Legal Specialization, and her practice focuses on trusts, charitable planning, gift and estate tax planning, and post-death administration including trust administration and probate. She speaks regularly on estate planning issues affecting LGBTQ+ and unmarried couples, on the evolution of gender and parentage in estate planning and administration, and on Land Back to Indigenous Tribes. She has previously served on the boards of the Transgender Law Center, Our Family Coalition, Bay Area Lawyers for Individual Freedom (BALIF) and the Korean American Bar Association of Northern California (KABANC). Prior to joining Lathrop GPM (formerly Hopkins & Carley), Alma was a partner at Lakin Spears, LLP, as well as founder and principal attorney for The Beck Law Group, P.C. A Korean American child of immigrants, Beck had led workshops on implicit bias for legal professionals, college students, and climate organizations since the 1990s, most recently for the Climate Reality Project Bay Area Chapter. Jo Carrillo JD/JSD is Professor of Law and Faculty Director of the Indigenous Law Center (ILC) at UC Law San Francisco (formerly UC Hastings). For over three decades, Carrillo has taught and written extensively in property and property-related subjects, including Federal Indian Law. Carrillo earned her BA from Stanford University, her JD from the University of New Mexico, and her JSD from Stanford Law School. She is a member of the Order of the Coif, the American Law Institute, and a former Trustee of the Law & Society Association; she was aVisiting Scholar at The Center for the Study of Law & Society at UC Berkeley Law, and a Visiting Professor at Stanford Law School. As Faculty Director of the UC Law Indigenous Law Center, Carrillo facilitates a seminar series called Law &. This series brings lawyers, students, and California Tribal leaders into the law school classroom to discuss land back and land stewardship issues. Recently, again with assistance from the Resources Legacy Fund, Carrillo has undertaken to study land back transfer documents. Carrillo has served on the UC Law SF Legacy Committee. She now serves on the UC Law SF Restorative Justice Advisory Board, which counsels UC Law SF Chancellor and Dean David Faigman on decanal initiated restorative justice efforts for Indigenous communities in California. As a long-term project, Carrillo is co-editing a volume, with UCLA Professor of History Benjamin Madley, on redressing 19 th century state sponsored harms against California Indigenous Peoples..About Our Host:Erika Gasaway is a trust and estate litigation partner who was fomerly with Hopkins Carley, which is now LathropGPM. She is on the nationwide Private Client Services team and co-chairs the Trust & Estate Litigation Task Force. She is based in San Jose, California where she represents ultra-high and high net worth families, fiduciaries, and family offices to resolve disputes as various phases of their life cycles. Erika is a member of the California Lawyer's Association Trust and Estate Section's Executive Committee (“TEXCOM”).Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek and Cat Hammons

Jon Michaels is Professor of Law at UCLA School of Law. His scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization. Michaels is a graduate of Williams College, Oxford University, where he was a Marshall Scholar, and Yale Law School, where he served as an articles editor for the Yale Law Journal. Michaels clerked first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, Michaels worked as an associate in Arnold & Porter's National Security Law and Public Policy Group in Washington, DC. A two-time winner of the American Constitution Society's Cudahy Award for scholarly excellence in administrative law and an elected member of the American Law Institute, Michaels has written essays for the New York Times, Washington Post, LA Times, Foreign Affairs, Time Magazine, and the Guardian. He is a frequent legal affairs commentator for national and local media outlets. His 2017 book, Constitutional Coup: Privatization's Threat to the American Republic, was published by Harvard University Press. Michaels's second book, titled Vigilante Nation: How State-Sponsored Terror Threatens Our Democracy will be published by Simon & Schuster/Atria in October 2024.

Episode 92 The Fifth CourtSir Geoffrey Vos, Master of the Rolls and Head of Civil Justice in England and Wales and ELI Vice-President who attended the European Law Institute (ELI) conference in Dublin.Established in 2011, the ELI emulates the American Law Institute and focuses on advancing all areas of law across Europe and beyond. As the premier Institute of its kind in Europe, ELI brings together over 1,700 jurists – including academics, judges, and practitioners – to enhance legal systems through collaborative projects.Sir Geoffrey Vos was appointed as Master of the Rolls and Head of Civil Justice in England and Wales. In this office, he is President of the Court of Appeal (Civil Division) and leads the delivery and development of civil justice across the jurisdiction. He also has statutory responsibility in relation to the National Archives.Until 10 January 2021, he was Chancellor of the High Court, in charge of the Business and Property Courts of England and Wales. Between 2015 and 2016, he was President of the European Network of Councils for the Judiciary and has been active for many years on behalf of the judiciary of England and Wales in international relations in Europe and beyond.He is an Honorary Fellow of Gonville & Caius College, Cambridge. He is Keeper of the Black Books at Lincoln's Inn. He has had a lifelong interest in social mobility and was Chairman of the Social Mobility Foundation between 2008 and 2011.He was Chairman of the Bar of England and Wales in 2007. Hosted on Acast. See acast.com/privacy for more information.

Jon Michaels is a UCLA professor of law specializing in constitutional and national security law. His award-winning scholarship has appeared in the Yale Law Journal, University of Chicago Law Review, and Harvard Law Review, and he has written popular essays for the New York Times, Washington Post, Los Angeles Times, Foreign Affairs, and Guardian. A Yale Law graduate and Supreme Court clerk, Jon is a member of the American Law Institute and serves on the advisory board of UCLA's Safeguarding Democracy Project. His latest book, co-written with David Noll, is VIGILANTE NATION: How State-Sponsored Terror Threatens our Democracy. Jon and I discuss his new book and the increasing use of vigilantism by the Republican Party and red states in targeting vulnerable groups in America to influence cultural, legal and political outcomes. Got somethin' to say?! Email us at BackroomAndy@gmail.com Leave us a message: 845-307-7446 Twitter: @AndyOstroy Produced by Andy Ostroy, Matty Rosenberg, and Jennifer Hammoud @ Radio Free Rhiniecliff Design by Cricket Lengyel

On episode 222, we welcome Jon Michaels and David Noll to discuss the alliance between vigilante groups and governments in the US, the four types of vigilantism and how they affect our lives, how vigilante groups utilize state laws to limit freedom of movement, the roots of vigilantism in the slavery era, the argument of individual liberty as a veil for tyranny, and the societal effects of the merger between business interests and right-wing cultural warriors. Jon Michaels is a UCLA professor of law specializing in constitutional, administrative, and national-security law. His award-winning scholarship has been published in The Yale Law Journal, the University of Chicago Law Review, the Columbia Law Review, and the Harvard Law Review; his popular essays have appeared in The New York Times, The Washington Post, Los Angeles Times, Foreign Affairs, The Guardian, and The Forward. A Yale Law graduate and former Supreme Court clerk, Michaels is a member of the American Law Institute, serves on the advisory board of UCLA's Safeguarding Democracy Project, and is a faculty affiliate of UCLA's Center on Reproductive Health, Law, and Policy. His first book, Constitutional Coup, was published by Harvard University Press. David Noll is the associate dean for faculty research and development and a professor of law at Rutgers Law School. His scholarly writings on civil procedure, complex litigation, and administrative law have appeared in the California Law Review, the Cornell Law Review, the New York University Law Review, the Michigan Law Review, and the Texas Law Review, among others, and his popular writing has appeared in venues including The New York Times, Politico, Slate, and the New York Law Journal. A graduate of Columbia University and New York University School of Law, Noll is an academic fellow of the National Institute for Civil Justice. He clerked on the US Court of Appeals for the Second Circuit and the US District Court for the Southern District of New York. | Jon Michaels and David Noll | ► Website | http://www.jondmichaels.com/about ► Twitter 1| https://x.com/davidlnoll ► Twitter 2 | https://x.com/JonDMichaels ► Bluesky | https://bsky.app/profile/david.noll.org ► Vigilante Nation Book | https://amzn.to/3zEjQvM Where you can find us: | Seize The Moment Podcast | ► Facebook | https://www.facebook.com/SeizeTheMoment ► Twitter | https://twitter.com/seize_podcast  ► Instagram | https://www.instagram.com/seizethemoment ► TikTok | https://www.tiktok.com/@seizethemomentpodcast

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/american-studies

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

In this conversation, we dive into key issues shaping the legal landscape today: the complexities of constitutional interpretation, the evolving role and power of the judiciary, and how corruption can impact government systems. We also explored the critical role that civic education plays in maintaining a healthy democracy. Julia D. Mahoney is the John S. Battle Professor of Law and the Joseph C. Carter, Jr. Research Professor of Law at the University of Virginia School of Law, where she teaches courses in Constitutional Law and Property Law. Her recent scholarship includes articles on government takings of property, the classical legal tradition in education, and feminism and common good constitutionalism. A graduate of the Yale Law School, she is a member of the American Law Institute and serves on the Board of Advisors of the New Civil Liberties Alliance. Show Notes: A Common Good Constitutional Feminism, Julia Mahoney. Law and Liberty | August 2022 Madison's Notes is the podcast of Princeton University's James Madison Program in American Ideals and Institutions Contributions to and/or sponsorship of any speaker does not constitute departmental or institutional endorsement of the specific program, speakers or views presented. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

We interview Leo Strine on the purpose of the corporation, differentiating between shareholder primacy and stakeholder theory. We discuss ESG and the power of stockholders and workers. Leo Strine applies his perspective on corporate purpose to corporate acquisitions and lays out his hopes for the future of corporations. Some critical articles to learn more about the shareholder primacy vs stakeholder theory debate:Origins of the argument: - Merrick Dodd, For Whom Are Corporate Managers Trustees?, 45 HARV. L. REV. 1145 (1932) - Adolph A. Berle, Jr., For Whom Corporate Managers Are Trustees: A Note, 45 HARV.. L. REV. 1365, 1372 (1932)Shareholder primacy ownership argument: - Milton Friedman, A Friedman doctrine– The Social Responsibility of Business Is to Increase Its Profits, N.Y. Times, Sept. 13 1970.Critique on shareholder primacy: - Lynn A. Stout, Bad and Not-so-Bad Arguments for Shareholder Primacy, 75 S. CAL. L. REV. 1189 (2002).Example of Application: - Lucian Bebchuk and Roberto Tallarita, The Illusory Promise of Stakeholder Governance. 106 Corn. L. Rev. 91 (2020).Example of Court Case Application: - Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173, 177 (Del. 1986)A bit about Leo Strine:Leo E. Strine, Jr., is Of Counsel in the Corporate Department at Wachtell, Lipton, Rosen & Katz.  Prior to joining the firm, he was the Chief Justice of the Delaware Supreme Court from early 2014 through late 2019.  Before becoming the Chief Justice, he served on the Delaware Court of Chancery as Chancellor since June 22, 2011, and as a Vice Chancellor since November 9, 1998.In his judicial positions, Mr. Strine wrote hundreds of opinions in the areas of corporate law, contract law, trusts and estates, criminal law, administrative law, and constitutional law.  Notably, he authored the lead decision in the Delaware Supreme Court case holding that Delaware's death penalty statute was unconstitutional because it did not require the key findings necessary to impose a death sentence to be made by a unanimous jury.For a generation, Mr. Strine taught various corporate law courses at the Harvard and University of Pennsylvania law schools, and now serves as the Michael L. Wachter Distinguished Fellow in Law and Policy at the University of Pennsylvania Carey Law School and a Senior Fellow of the Harvard Program on Corporate Governance. From 2006 to 2019, Mr. Strine served as the special judicial consultant to the ABA's Committee on Corporate Laws. He also was the special judicial consultant to the ABA's Committee on Mergers & Acquisitions from 2014 to 2019. He is a member of the American Law Institute.Mr. Strine speaks and writes frequently on the subjects of corporate and public law, and particularly the impact of business on society, and his articles have been published in The University of Chicago Law Review, Columbia Law Review, Cornell Law Review, Duke Law Journal, Harvard Law Review, University of Pennsylvania Law Review, and Stanford Law Review, among others.  On several occasions, his articles were selected as among the Best Corporate and Securities Articles of the year, based on the choices of law professors.Before becoming a judge in 1998,  Mr. Strine served as Counsel and Policy Director to Governor Thomas R. Carper, and had also worked as a corporate litigator at Skadden, Arps, Slate, Meagher & Flom from 1990 to 1992.  He was law clerk to Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit and Chief Judge John F. Gerry of the U.S. District Court for the District of New Jersey.  Mr. Strine graduated magna cum laude from the University of Pennsylvania Law Sc

It's time to reform the Supreme Court. The founders would not recognize the modern incarnation of what Alexander Hamilton called “the least dangerous” branch. The Court wields far more power on far more issues than it did in the 18th century. And it does so in the absence of adequate checks and balances. The individual justices hold this power longer than they ever have. For the first 180 years of U.S. history, justices served an average of approximately 15 years. In recent years, justices have served an average of 26 years. Momentum for reform is growing. Numerous polls have shown overwhelming bipartisan support for term limits and an enforceable code of ethics. The president and vice president have both announced their support for real change. Listen to this discussion from August 13th with Supreme Court experts to talk about what exactly these proposals entail and what they would mean for American democracy.  Speakers: Cristina Rodríguez, Leighton Homer Surbeck Professor of Law, Yale Law School; Co-Chair, Presidential Commission on the Supreme Court of the United States Diane Wood, Circuit Judge (ret.), U.S. Court of Appeals for the Seventh Circuit; Director, American Law Institute; Senior Lecturer, University of Chicago Law School Alicia Bannon, Director, Judiciary Program, Brennan Center for Justice; Editor in Chief, State Court Report Moderator: Michael Waldman, President, Brennan Center; Member, Presidential Commission on the Supreme Court of the United States Produced with support from the Kohlberg Center on the U.S. Supreme Court Please give us a boost by liking, subscribing, and sharing with your friends. If you're listening on Apple Podcasts, please give it a 5-star rating. You can keep up with the Brennan Center's work by subscribing to our weekly newsletter, The Briefing: https://go.brennancenter.org/briefing

Before he became a trial lawyer, Colorado lawyer Kurt Zaner wanted to be an actor. But rather than just play a role, Kurt decided that he wanted to be a real-world champion and decided to become a trial lawyer. Now, Kurt applies lessons about presence, storytelling and drama from the stage to help achieve landmark verdicts for his clients. Join Ben for his wide-ranging discussion with Kurt that covers how a trial lawyer can use acting skills to enhance courtroom impact; strategies that have enabled Kurt to achieve several eight-figure verdicts against considerable odds; and even what modern day lawyers can learn from reading Cicero. About Kurt Zanerhttps://zanerhardenlaw.com/ Kurt Zaner has dedicated his legal career to representing folks against the modern-day Goliaths. In battling corporations that refuse to take responsibility, Kurt enjoys the challenge of standing up for people that seemingly have the odds overwhelmingly stacked against them.A sought-after national speaker, Kurt frequently lectures on his winning trial techniques, effective legal writing strategies, and iconic discovery tactics that force top-value settlements.  Kurt has secured the largest premises liability verdict in the history of Colorado ($16,000,000.00).He has appeared on Good Morning America, World News Tonight, and every local media outlet including the Denver Post and local CBS, ABC, and Fox affiliates.  He is a published author of Federal and State case law, including Colorado law establishing the right to punitive damages for victims of drunk drivers; he also authored legal articles on distracted driving as well as articles on ancient Roman trial methods.As a trained stage actor, Kurt credits much of his trial success to his theatrical training in college and in Los Angeles prior to law school.After graduating law school near the top of his class and receiving the American Bar Association's and American Law Institute's Best Graduate Award – awarded to the one student of the graduating class who best represents a combination of scholarship and leadership – Kurt went on to clerk for United States District Judge Ken Marra.Working side by side with a Federal Judge on one of the largest caseloads in the country, Kurt learned the art of persuasive advocacy both through legal writing and courtroom theatrics.Most importantly, he learned how cases are won from behind the bench.Prior to co-founding Zaner Harden Law, LLP, Kurt practiced with some of the best-known trial lawyers in the country.  Kurt has successfully represented hundreds of clients across the State of Colorado, trying and winning cases at every level of Colorado State Court, including several million and multi-million-dollar verdicts and settlements.In 2017 he and his partner were recognized as having two of the largest verdicts of the year across all practice areas, including a 1,700,000.00 verdict against an oil company's distracted driver as well as a $2,500,000 verdict against a drunk driver that killed his client's son and then fled the scene.This drunk driving verdict landed on the front page of the Denver Post as the community was fed up with these kinds of reckless drivers avoiding accountability by running away.Kurt defended this verdict all the way to the Colorado Supreme Court. In 2018, Kurt secured the largest premises liability verdict in the history of Colorado – $16,000,000.00 in Boulder for a father of three who was diagnosed with the crippling neurological condition CRPS after a temporary electrical box exploded.A few years later, Kurt secured a verdict on another electrocution case where his client also developed CRPS, with a Denver jury delivering a $10,600,000.00 verdict (with interest).  A year after that, Kurt secured a $4,300,000.00 verdict for a client hurt in a trucking crash.No matter how big or small the case, Kurt takes great pride in helping those that entrust their most significant legal problems to his law firm.Kurt is very active in the Trial Lawyer community, both locally and nationally. Locally, he was recently elected to the Board of the Colorado Trial Lawyers Association (CTLA) for his fifth consecutive year and serves on several committees.Nationally, after serving as President of the New Lawyers Division for the American Association of Justice (the 5,000 member NLD division of the most pre-eminent national trial lawyer organization in the Country), Kurt now serves on the Budget Committee of the entire 20,000-member organization as well as the Board of Governors.He also acts as a certified End Distracted Driving (EndDD Program) presenter, donating his time in high school classrooms in Colorado educating the next generation of drivers on the dangers of distracted driving.Kurt is invited to speak across the country on novel legal strategies and methods that he has developed – techniques that have resulted in unprecedented successful results for his clients.He has been a regular speaker for the American Association of Justice, having spoken in Boston, Palm Springs, Denver, Los Angeles, and Montreal on a variety of topics including trial techniques, writing strategies, and insurance bad faith. He also speaks regularly for Trial Lawyers University (formerly Trojan Horse) as well as The National Trial Lawyers' national trial seminars.On the State level, Mr. Zaner regularly teaches for the Colorado Trial Lawyers at their state convention, statewide CLEs, and for CTLA's new lawyer bootcamps,He has also spoken at several State Seminars around the Country, including the prestigious Arkansas Trial Lawyers College on one of his favorite topics: transplanting 2,000-year-old trial techniques from the Roman trial lawyer Cicero and demonstrating how they can be effective in today's trials.When not practicing law, Mr. Zaner spends much of his time with his wife and two young boys, outdoors in the mountains or on the stage in a local theater production.Licensed in Florida and Colorado. PublicationsWarembourg v. Excel, 471 P.3d 1213 (Co. Ct. App. 2020) – 63-page, 3-0 published opinion that affirmed the firm's record-breaking 16-million-dollar electrocution verdict.  This opinion creates significant new law in the area of spoliation of evidence, setting new standards for when parties must hold onto evidence and how they may be punished if they do not preserve such evidence (blessing an irrebuttable presumption of liability and causation punitive sanction).  Case settled for 15.7 million shortly after this opinion.“Lessons From Cicero” – Good Counsel, April 2017Alhilo v. Kleim, 413 P.3d 902 (Co. Ct. App. 2016), cert denied (Colo. June 26, 2017) – published opinion that affirmed the firm's multi-million dollar motorcycle verdict and created helpful case law for victims of drunk drivers (allowing for prior DUIs to come in as evidence) and for those who have lost loved ones in a wrongful death case (clarifying the damage cap to afford survivors the maximum benefit).Spotlight, “Overcoming Liability Roadblocks in Bicycle Accident Case” American Association for Justice, Trial Edition (July 2015)“Sad But Preventable – a Trial Lawyer's Quest to End Distracted Driving and Save Lives” The Colorado Trial Lawyers' Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 26 (sole author).“Driving While on the Cell Phone; Punitive Damage Awards Should Come Through Loud and Clear” ABA's The Brief, Tort Trial & Ins. Prac. Sec., Summer 2007, Vol. 35, No.4 (co-author), republished in The Colorado Trial Lawyers' Association publication Trial Talk, Volume 62, Issue 3, April/May 2013 publication at p. 41.“National Security Policy and Ratification of the Comprehensive Test Ban Treaty” 32 Houston Journal of International Law 1 (2009) (contributing author).Vidinliev v. Carey, 581 F.Supp. 2d 1281 (N.D. Ga. 2008) – created federal case law in the area of worker's FLSA rights. Bar LeadershipNATIONALAmerican Association of Justice – Board of Governor, 2018-2020; 2022-2025.American Association of Justice – Executive Committee Member 2019-2020.American Association of Justice – Budget Committee Member 2020-2023American Association of Justice – Elected National President of NLD Division 2016.American Association of Justice – Elected National Vice President of NLD Division 2016.American Association of Justice – Elected National Treasurer of NLD Division 2015.American Association of Justice – Elected National Secretary of NLD Division 2014.American Association of Justice – Appointed Board of Governor on New Lawyers Division, June 2013.American Association of Justice – Appointed Chair of the Publications Committee for the NLD quarterly national publication, the Sidebar, July 2013. STATEColorado Trial Lawyers Association – Elected to serve as Board Member 2016-presentColorado Trial Lawyers Association – Appointed to serve on Executive Committee and Legislative Committee 2016-17, 2021-2022Colorado Trial Lawyers Association – Appointed to serve on Board as Board Member 2015-16.Colorado Trial Lawyers Association – Appointed Membership Chair November 2012 -2015.Colorado Trial Lawyers Association – Appointed New Lawyer Chair November 2013. Community InvolvementActor (Len), A One Night Stand at the Vintage Theater, Don't Throw the Cheese by Mark Ogle.Actor (Reverend Parris), The Crucible at Red Rocks Community Theater.Presenter, End Distracted Driving Campaign; presents programs to high school students to warn them of the dangers of distracted driving.Board of Director, Denver Athletic Club. 

In this episode, Colin Rule (CEO of Mediate.com) speaks with Bridget McCormick, the CEO of the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), about the path that led her from being a public defender in NYC, to a law professor in Michigan, to the Chief Justice of the Michigan Supreme Court, and now CEO of AAA/ICDR. They discuss her work in mediation and dispute resolution, how Bridget has updated AAA/ICDR's strategy to embrace mediation and expand access to justice, and the role of technology in the future of the ADR field. Learn More: https://adr.org/ https://www.lawnext.com/2024/05/american-arbitration-association-acquires-odr-com-and-mediate-com-to-expand-online-dispute-resolution.html https://mediate.com/the-mediate-com-aaa-partnership/ About Bridget McCormick: Bridget Mary McCormack is President and CEO of the American Arbitration Association-International Centre for Dispute Resolution. She is also a Strategic Advisor to the Future of the Profession Initiative at the University of Pennsylvania Carey Law School. Until the end of 2022, McCormack was Chief Justice of the Michigan Supreme Court, a position her peers selected her for in January 2019 after she served for six years as a Justice. While on the Court, she championed innovation and the use of technology to improve access to justice. A graduate of New York University Law School, McCormack started her legal career in New York City. In 1996, she joined the Yale Law School faculty. She then joined the University of Michigan Law School faculty in 1998, where she taught criminal law, legal ethics, and numerous clinics. She was Associate Dean for Clinical Affairs from 2002 until 2012. McCormack was elected to The American Law Institute in 2013. The Attorney General of the United States appointed her to the National Commission on Forensic Science in 2014. In 2019, the Governor of Michigan named her Co-Chair of the Michigan Joint Task Force on Jail and Pretrial Incarceration. In 2020, she joined the American Bar Association's Council on Legal Education and Admission to the Bar and currently serves as Vice Chair. In 2021, the Governor of Michigan asked her to co-chair the Michigan Task Force on Forensic Science and to chair the Michigan Jail Reform Advisory Council. She also chaired the Michigan Judicial Council, the strategic planning body for the judicial branch. In 2021, McCormack was also appointed to serve nationally on The Council of State Governments Healthy States National Task Force and the ABA Center for Innovation's Governing Council. She was also named Chair of the ABA Board of Elections. McCormack is an Editor of the ABA's preeminent publication, Litigation Journal. She speaks and writes frequently about access to justice, innovation in the legal profession, and legal education.

Legal scholar Nita Farahany shares her insights into protecting our privacy through the right to cognitive liberty, how neuro-technology can enhance our understanding of mental health, and why the public should demand self-access to their brain data. Nita Farahany is Professor of Law & Philosophy at Duke Law School, Director of Science & Society, and Faculty Chair of the MA in Bioethics & Society Policy. Since 2010, she has served on Obama's Presidential Commission for the Study of Bioethical Issues. Her scholarship focuses on the ethical, legal, and social implications of biosciences and emerging technologies, particularly those related to neuroscience and behavioral genetics. She is an elected member of the American Law Institute, Chair of the Criminal Justice Section of the American Association of Law Schools, is one of the co-founding editors-in-chief of Journal of Law and the Biosciences, and serves on the Board of the International Neuroethics Society. She received an AB from Dartmouth College, an MA, PhD, and JD from Duke University, and an ALM from Harvard University. Bonus episode recorded in-person at The Royal Society Neural Interfaces Summit in September 2023. ABOUT THE HOST Luke Robert Mason is a British-born futures theorist who is passionate about engaging the public with emerging scientific theories and technological developments. He hosts documentaries for Futurism, and has contributed to BBC Radio, BBC One, The Guardian, Discovery Channel, VICE Motherboard and Wired Magazine. CREDITS Producer & Host: Luke Robert Mason Join the conversation on Facebook, Instagram, and Twitter at @FUTURESPodcast Follow Luke Robert Mason on Twitter at @LukeRobertMason Subscribe & Support the Podcast at http://futurespodcast.net

In this podcast episode, Gary, host of "The Free Lawyer," welcomes Jeff Kichaven, a seasoned business mediator, to discuss the transition from litigation to mediation and the challenges lawyers face in the adversarial legal system. Jeff shares his journey and the factors that influenced his shift to mediation, including the desire for a more balanced life and the emotional toll of litigation. They explore the changing dynamics of the legal profession, the misconceptions about mediation, and the importance of emotional intelligence in dispute resolution. Jeff also advises lawyers on preparing for mediation, emphasizing the need for understanding biases and the mediator's role. The conversation touches on the broader implications of mediation for the legal system and the importance of personal well-being and relationships for professional success. Jeff Kichaven is one of America's premier mediators.  He has been “Ranked in Chambers” on the US list of top mediators for the past five years, and “Who's Who Legal” lists him as a ”Global Elite Thought Leader” in mediation, one of only six in the US and 28 in the world.  He is a Phi Beta Kappa Graduate of the University of California, Berkeley (Economics, 1977) and an Honors Graduate of Harvard Law School (J.D. Cum Laude, 1980).  He has been a full-time mediator in private practice since 1996.  He is an Elected Member of the American Law Institute, and has been named California Lawyer Attorney of the Year in ADR.  “Best Lawyers” has listed him as one of the Best Mediation Lawyers in Los Angeles for over 15 straight years, and honored him as the single Best Mediation Lawyer in Los Angeles in 2015.  In 2010, the Asian Pacific American Dispute Resolution Center honored him with its Special Award for Excellence in Mediation.  His views on mediation have been cited in The New York Times and The Wall Street Journal. Would you like to learn more about Breaking Free or order your copy? https://www.garymiles.net/break-free  Would you like to schedule a complimentary discovery call? You can do so here: https://calendly.com/garymiles-successcoach/one-one-discovery-call

THE SUPREME COURT WILL SOON DECIDE: If a social media censures you for your viewpoint - does that violate the First Amendment? If laws tell Social Media companies they must publish your viewpoint...is the company's First Amendment rights violated?We all say we want free speech. But if you own a private company can the government tell you what it can and cannot post?  Are social media companies the public square...common carriers...or...private companies that can choose their own content?That is the question before the Supreme Court. In this episode, Bob talks with Supreme Court scholar Eugene Volokh:Facts of the caseThe State of Texas enacted HB 20 to regulate large social media platforms, such as Facebook, X (formerly known as Twitter), and YouTube. The law purports to prohibit large social media platforms from censoring speech based on the viewpoint of the speaker.NetChoice and the Computer & Communications Industry Association filed a lawsuit against the Attorney General of Texas, challenging two provisions of the law as unconstitutional: (1) Section 7, which prohibits viewpoint-based censorship of users' posts, except for content that incites criminal activity or is unlawful. (2) Section 2, which requires platforms to disclose how they moderate and promote content, publish an "acceptable use policy," and maintain a complaint-and-appeal system for their users.The district court issued a preliminary injunction, holding that Section 7 and Section 2 are facially unconstitutional. The court argued that social media platforms have some level of editorial discretion protected by the First Amendment, and HB 20 interferes with that discretion. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed, rejecting the idea that large corporations have a “freewheeling” First Amendment right to censor what people say. It reasoned that HB 20 does not regulate the platforms' speech but protects other people's speech and regulates the platforms' conduct.Question:Do Texas HB 20's provisions prohibiting social media platforms from censoring users' content and imposing stringent disclosure requirements violate the First Amendment?Our guest:Eugene Volokh teaches First Amendment law and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy.Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.Volokh is the author of the textbooks The First Amendment and Related Statutes (6th ed. 2016), and Academic Legal Writing (5th ed. 2013), as well as over 90 law review articles. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a leading legal blog. His law review articles have been cited by opinions in eight Supreme Court cases and several hundred court opinions in total, as well as several thousand scholarly articles.

The Insurrection Act is a provision that allows the president to deploy the U.S. military for domestic law enforcement. It's been invoked dozens of times by presidents to respond to crises in the over 230 years that it's been around, but it hasn't been reformed in centuries. In recent years, the Insurrection Act has come back into public focus because of its implication in a number of domestic crises, prompting a renewed conversation about whether it's finally time to curb the sweeping powers afforded to the executive in this unique federal law.On April 8, the American Law Institute released a set of principles for Insurrection Act reform, prepared by a group of 10 individuals with backgrounds in constitutional law, national security law, and military law. The co-chairs of this group were Jack Goldsmith, Lawfare Co-Founder and Harvard Law School Professor, and Bob Bauer, Professor of Practice and Distinguished Scholar in Residence at New York University School of Law. They joined Lawfare Associate Editor Hyemin Han to talk about the history of the Insurrection Act, to parse out the recommendations the American Law Institute is making for reform, and to make the case for reforming the act in 2024. To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Professor Orly Lobel discusses her book "The Equality Machine" and how to use AI to harness a brighter, more inclusive future. Orly is a renowned tech policy scholar and the Director of the Center for Employment and Labor Policy at the University of San Diego. She is a member of the American Law Institute, a former Israeli military data analyst, and Supreme Court clerk. Why should we be optimistic about AI's future? Listen here to find out. Host, Kevin Craine Do you want to be a guest? DigitalTransformationPodcast.net/guest

This week, President Ryan sits down with Dean Risa Goluboff, the twelfth and first female Dean of the University of Virginia School of Law. Dean Goluboff is a renowned legal historian whose scholarship focuses on the historical development of American constitutional and civil rights law; she's been teaching at UVA for more than twenty years, with additional faculty appointments at the Carter G. Woodson Institute for African American and African Studies, the Department of History and the Miller Center for Public Affairs. She's a fellow of the American Academy of Arts and Sciences, a member of the American Law Institute, and chair of the advisory board for UVA's Karsh Institute of Democracy. In this episode, they discuss Dean Goluboff's journey to UVA and the remarkable changes to the Law School under her tenure. They also discuss her favorite parts of being Dean and what lies ahead after she steps down at the end of the semester.

Anupam Chander, Scott Ginsburg Professor of Law and Technology at Georgetown, and Visiting Scholar at Harvard's Institute for Rebooting Social Media, discusses the future of humanity during a wave of paid technology innovation. He also shares how AI is impacting digital sovereignty. Key Takeaways:  Why Section 230 of the US Communications Decency Act has been so important for people online How US Internet Laws impact its dominance as a world innovation leader Ways that regulators are having to balance new technologies The impact that judges, regulators, and the courts have had on the evolution of new technologies Guest Bio: Anupam Chander is Scott K. Ginsburg Professor of Law and Technology at Georgetown. A Harvard College and Yale Law graduate, he is the author of The Electronic Silk Road, published by Yale University Press. He practiced law in NY and Hong Kong with Cleary, Gottlieb, and has been a visiting law professor at Yale, Chicago, Stanford, Cornell, and Tsinghua. A recipient of Google Research Awards and an Andrew Mellon grant, he has consulted for the World Bank, World Economic Forum, and UNCTAD. A non-resident fellow at Yale's Information Society Project, he is a member of the American Law Institute. In 2023-24, he's a Visiting Scholar at the Institute for Rebooting Social Media at Harvard University, and Cheng Yu Tung Visiting Professor at the University of Hong Kong. ---------------------------------------------------------------------------------------- About this Show: The Brave Technologist is here to shed light on the opportunities and challenges of emerging tech. To make it digestible, less scary, and more approachable for all! Join us as we embark on a mission to demystify artificial intelligence, challenge the status quo, and empower everyday people to embrace the digital revolution. Whether you're a tech enthusiast, a curious mind, or an industry professional, this podcast invites you to join the conversation and explore the future of AI together. The Brave Technologist Podcast is hosted by Luke Mulks, VP Business Operations at Brave Software—makers of the privacy-respecting Brave browser and Search engine, and now powering AI everywhere with the Brave Search API. Music by: Ari Dvorin Produced by: Sam Laliberte  

Welcome back, devoted listeners, and say hello to season eight of Digging a Hole, where we've got an extraordinarily stacked lineup just waiting in the wings. To make up for the cold, cold months where you had to get your legal theory fix from reading articles (boring) or attending faculty workshops (ugh), we're kicking off the season with a mammoth episode about a mammoth book. Today's guest is the former dean and current Sterling Professor of Law at Yale Law School, and Co-Reporter for the American Law Institute, Robert Post, here to talk about Volume 10 of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States (aka the official biography of SCOTUS), The Taft Court: Making Law for a Divided Nation, 1921 to 1930. From the outset, Post sets the stage for his argument that the Taft Court and the 1920s are an important but underappreciated time in American legal history. We discuss how the Taft Court grows out of and evolves according to two social questions wrenching the nation – the First World War and Prohibition. Next, we talk about the different theories of sovereignty and democracy as represented by the different wings of the court, with Taft playing counterpoint to lionized jurists Brandeis and Holmes. Sam, angling for his dream job of author of Volume 14 of the Devise, peppers Post with questions about formalism, realism, and consequentialism. We're not kidding when we say that's only half the episode – but, listeners, the second half is a can't-miss if you care about Taft the master administrator, judicial politics, and the power of the Supreme Court. We hope you enjoy. This podcast is generously supported by Themis Bar Review. Referenced Readings A Muted Fury: Populists, Progressives, and Labor Unions Confront the Courts, 1890-1937 by William G. Ross

In this week's episode, Jeremi and Zachary are joined by Sanford Levinson to discuss the 2000 election, the Supreme Court decision that finalized it, and how this decision has had ramifications throughout modern history. Zachary sets the scene with his poem entitled, "The Court Has Stopped the Count" Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010. He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.

Lara and Carey assemble for the finale recap of season 2 of And Just Like That... But first, they discuss the toothless gay conman who claims he smoked crack and hooked up with Obama. Then, the time has come for the phone call of the YEAR! Samantha Jones herself rings in from Jolly Old London to break some bad news to Carrie. Charlotte lays down the law with Harry, and Chablis Hobbes finally gets her ass to Coney Island to make amends with Steve. Nya Wallace gets inducted into the American Law Institute, Seema gets squirrely about Ravi, and Anthony and Giuseppe work through Anthony's hole shame. All of this leads to Carrie's big Last Supper in her apartment, where this group of non-friends assembles to break bread and make things uncomfortable. Plus, Aidan finally gets his revenge...Listen to this episode ad-free AND get access to weekly bonus episodes + video episodes by joining the SUP PATREON.Be cheap as hell and get full-length videos of the pod for free by subscribing to the SUP YOUTUBE.Re-live the best moments of this iconic podcast by following the SUP TIKOK. Hosted on Acast. See acast.com/privacy for more information.

Every time our brain does some thinking, there are associated physical processes. In particular, electric currents and charged particles jump between neurons, creating associated electromagnetic fields. These fields can in principle be detected with proper technology, opening the possibility for reading your mind. That technology is currently primitive, but rapidly advancing, and it's not too early to start thinking about legal and ethical consequences when governments and corporations have access to your thoughts. Nita Farahany is a law professor and bioethicist who discusses these issues in her new book, The Battle for Your Brain: Defending the Right to Think Freely in the Age of Neurotechnology.Support Mindscape on Patreon.Nita Farahany received a J.D. and a Ph.D. in philosophy from Duke University. She is currently the Robinson O. Everett Distinguished Professor of Law & Philosophy at Duke, as well as Founding Director of the Duke Initiative for Science & Society. She has served on a number of government commissions, including the Presidential Commission for the Study of Bioethical Issues. She is a Fellow of the American Law Institute and of the American Association for the Advancement of Science, and was awarded the Duke Law School Distinguished Teaching Award.Web siteDuke web pageWikipediaTwitterSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these developments and where they may be headed, Scott R. Anderson sat down with two leading scholars on sovereign immunity issues: Chimène Keitner, a professor at the UC Hastings School of Law and a former counselor on international law at the U.S. State Department, and Ingrid Wuerth, a professor at Vanderbilt University Law School and one of the reporters for the American Law Institute's Fourth Restatement on U.S. foreign relations law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

From December 11, 2020: This week, the Supreme Court returned once again to the complex and sometimes controversial Foreign Sovereign Immunities Act, or FSIA, that protects foreign sovereigns from litigation before U.S. courts. At the same time, Congress is once again debating new exceptions to the protections provided by the FSIA on issues ranging from cybercrime to the coronavirus pandemic, an effort that may risk violating international law and exposing the United States to similar lawsuits overseas. To discuss these developments and where they may be headed, Scott R. Anderson sat down with two leading scholars on sovereign immunity issues: Chimène Keitner, a professor at the UC Hastings School of Law and a former counselor on international law at the U.S. State Department, and Ingrid Wuerth, a professor at Vanderbilt University Law School and one of the reporters for the American Law Institute's Fourth Restatement on U.S. foreign relations law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.