Podcast appearances and mentions of Byron R White

On this day, June 7, in legal history Griswold v. Connecticut was decided by the US Supreme Court, holding that the use of contraceptives was protected by the constitutional right to privacy. In the landmark case of Griswold v. Connecticut (1965), the Supreme Court struck down a Connecticut law that criminalized the use of birth control devices and the provision of advice regarding their use. The Court asserted that the Constitution protected a right to privacy, relying on various amendments and their penumbras, or implied rights. Justice William O. Douglas, writing for the majority, emphasized that the First Amendment safeguarded collateral rights, such as association, education, and intellectual freedom. He linked these rights to provisions in other amendments, including the Third, Fourth, Fifth, Ninth, and Fourteenth, to establish a comprehensive right of privacy that protected married couples' choice to use contraception. Concurring opinions by Justices Arthur J. Goldberg, John Marshall Harlan II, and Byron R. White further supported the notion of a right to privacy based on the Ninth and Fourteenth Amendments' due process clauses. The ruling in Griswold v. Connecticut laid the foundation for subsequent privacy-based decisions, including the now overturned Roe v. Wade case in 1973, which had legalized abortion.Griswold v. Connecticut | OyezA proposed rule change in the Michigan Supreme Court regarding pronoun selection is sparking a divide among judges, highlighting perceived competing interests in civility and judicial discretion. The proposed change aims to accommodate transgender and gender-nonconforming lawyers and litigants by requiring courts to use their preferred pronouns or respectful alternatives for clarity in court records. Advocates argue that these changes are necessary to ensure equal treatment and access to justice. However, shocking no one, some judges express concerns about potential confusion, mistakes, and religious liberty infringements. Similar rules have been enacted in other states, and proponents emphasize the importance of accuracy, dignity, and respect to foster trust in the judicial system. The ongoing debate reflects a nationwide discussion on inclusive language changes and parallels past efforts to properly recognize women in court. Ultimately, the outcome of the proposed rule change in Michigan may significantly impact the courtroom experiences of transgender and gender-nonconforming individuals.Pronoun Selection for Lawyers, Litigants Divides Michigan CourtsA New York appeals court is unlikely to dismiss a civil lawsuit filed by state Attorney General Letitia James against Donald Trump, his family business, and three of his children for alleged fraud. James accuses Trump of lying to lenders and insurers between 2011 and 2021 about asset values at the Trump Organization and his own net worth. She is seeking damages of at least $250 million and wants to prevent the Trumps from operating businesses in New York. Trump's children, Donald Jr., Eric, and Ivanka, are also named as defendants in the case. Trump's lawyer argued that James filed the lawsuit too late and lacked the authority to investigate legitimate transactions, but some judges expressed skepticism about this argument. The court seemed more receptive to the possibility that James may have sued Ivanka Trump too late. The appeals court did not announce a date for its ruling. This case is separate from a criminal indictment brought by Manhattan District Attorney Alvin Bragg against Trump over hush money payments, to which Trump has pleaded not guilty.Donald Trump faces skeptical court in New York fraud appeal | ReutersThe Biden administration has requested a federal judge to dismiss a lawsuit filed by Republican-led states that aimed to invalidate a rule permitting socially-conscious investing in employee retirement plans. The U.S. Department of Justice argued that the rule was necessary to replace the restrictive limitations imposed by the Trump administration on considering environmental, social, and corporate governance (ESG) factors when making investment decisions. A coalition of 25 states, led by Utah and Texas, filed the lawsuit in January, claiming that the Department of Labor rule would jeopardize the retirement savings of millions of Americans by allowing investments based on political agendas rather than financial considerations. The Biden administration contended that the rule emphasizes the importance of financial factors in retirement plan decisions while recognizing that issues like climate change and social justice can impact companies' long-term financial health. Biden admin. moves to nix US states' challenge to ESG investing rule | ReutersUBS expects to finalize its agreement with the Swiss government to cover up to 9 billion Swiss francs ($9.92 billion) in losses from its emergency takeover of Credit Suisse by June 7, according to a regulatory filing. Under the terms of the takeover, UBS agreed to cover the first 5 billion francs in potential losses, while the government committed to shoulder up to 9 billion francs on top of that. The completion of the government agreement is one of the final steps UBS needs to take before officially closing the acquisition of Credit Suisse. The filing also mentioned discussions between UBS and Switzerland's financial regulator, FINMA, regarding the capital and liquidity requirements for the combined bank, with higher capital requirements phased in by the end of 2025 and completed by the start of 2030.UBS sees agreement on Credit Suisse loss guarantee by June 7 - SEC filing | Reuters Get full access to Minimum Competence - Daily Legal News Podcast at www.minimumcomp.com/subscribe

Guest: Colorado Attorney General Phil Weiser was sworn in as the State's 39th Attorney General on January 8, 2019. As the State's chief legal officer, Phil is committed to protecting the people of Colorado and building an innovative and collaborative organization that will address a range of statewide challenges. Phil has dedicated his life to the law, justice, and public service. Before running for office, Weiser served as the Hatfield Professor of Law and Dean of the University of Colorado Law School. He founded the Silicon Flatirons Center for Law, Technology, and Entrepreneurship. Phil also served in both the Obama and Clinton administrations and as a law clerk to Justices Byron R. White and Ruth Bader Ginsburg at the United States Supreme Court. Episode in a Tweet: When we build alignment around values and people have an opportunity to be heard, we can impact positive change in politics, business, and life. Quick Background: I met Phil through my good friend and attorney, Todd Seelman. Todd is an avid Reflect Forward listener and told me I had to have Phil on the show. I never thought much about attorneys as leaders, but once I met Phil, I began to understand just how powerful leaders they can be. Phil is a big believer that empathy is the most important competency for lawyers to possess. The best attorneys can connect with their clients and the opposition to find a mutually agreeable resolution in conflict. Phil's grandmother and mother are also survivors of the Holocaust, and their stories of hope and belief shaped Phil's life views. His mother was born in a Nazi concentration camp and is believed to be one of its youngest survivors. Phil thinks that he is where he is today because of the compassion of the U.S. and its welcoming of refugees as Europe was liberated. He is a product of the American Dream and holds firm in his commitment to making this dream possible for many others. Phil is also is dedicated to creating fair competition in business through sound antitrust policy (he breaks down the Google and Facebook anti-competition issues in simple terms in the show), improving our criminal justice system, and protecting our air and water. I love Phil's thoughts on leadership and life, and I hope you enjoy this podcast.

In this episode, Pierre Schlag, University Distinguished Professor & Byron R. White Professor of Law, discusses his article "The Law Review Article," which is published in the University of Colorado Law Review. Here is the abstract:What is a law review article? Does America know? How might we help America in this regard? Here, we approach the first question on the bias: As we have found, a growing body of learning and empirical evidence shows that genres are not merely forms, but forms that anticipate their substance. In this Article then, we try to capture this action by undertaking the first and only comprehensive “performative study” of the genre of the law review article.Drawing upon methodological advances and new learning far beyond anything thought previously possible, we investigate “the law review article” qua genre. What is it? What does it do? What are its implications? How does it make you feel?By teasing out the infrastructural determinations section by section, we demonstrate rigorously that there is both far more (and far less) going on than meets the eye. In what is the first instance in the history of the United States (and perhaps the world) we describe in each section of the law review article (e.g., Part I, Part II) whatever that description is performing. This is what we mean by “performative study.”With this approach, the reader can experience first-hand what the law review article does to him or her IRL. In a more conventional vein, it is hoped that this Article will be useful to junior legal scholars, young scholars’ workshops, elite law school boot camps, faculty evaluation committees, associate deans for research, law review editors and law school deans everywhere.The article closes with a call for improvements to the law review genre, cooperative federalism, daylight savings time, and the nature of the universe generally. The article is addressed not merely to The Court, but to The President, to Congress, and, of course, to “We the People.” Perhaps more than anything, we call for further sustained study of “the law review effect.” A sequel, entitled “Dissertation Disease,” is currently contemplated in order to undertake a similar study of the University Press Monograph.Among other things, Schlag reflects on whether "The Law Review Article" is actually a law review article, or something else; how the form of legal scholarship determines the content of legal scholarship; and why legal scholarship is so banal.This episode was hosted by Brian L. Frye, Spears-Gilbert Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.

Episode 46: Phil Weiser – State Of Colorado Phil Weiser, Colorado Attorney General, was sworn in as the State’s 39th Attorney General on January 8, 2019. As the state’s chief legal officer, Attorney General Weiser is committed to protecting the people of Colorado and building an innovative and collaborative organization that will address a range of statewide challenges, from addressing the opioid epidemic to reforming our criminal justice system to protecting our land, air, and water. Attorney General Weiser has dedicated his life to the law, justice, and public service. Before running for office, Weiser served as the Hatfield Professor of Law and Dean of the University of Colorado Law School, where he founded the Silicon Flatirons Center for Law, Technology, and Entrepreneurship and co-chaired the Colorado Innovation Council. Weiser served as a Deputy Assistant Attorney General in the U.S. Department of Justice and as Senior Advisor for Technology and Innovation in the Obama Administration’s National Economic Council. He served on President Obama’s Transition Team, overseeing the Federal Trade Commission and previously served in President Bill Clinton’s Department of Justice as senior counsel to the Assistant Attorney General in charge of the Antitrust Division, advising on telecommunications matters. Before his appointment at the Justice Department, Weiser served as a law clerk to Justices Byron R. White and Ruth Bader Ginsburg at the United States Supreme Court and to Judge David Ebel at the Tenth Circuit Court of Appeals in Denver, Colorado. The son and grandson of Holocaust survivors, Weiser is deeply committed to the American Dream and ensuring opportunity for all Coloradans. Weiser lives in Denver with his wife, Dr. Heidi Wald, and their two children. Links to things we talk about: Phil Weiser on LinkedIn Colorado Attorney General page Click to Review and Rate Colorado TechCast on iTunes! We value every review we receive, and often read them out on the show. If you take the time to leave one, THANK YOU – You rock! IF YOU LIKE WHAT YOU HEAR, PLEASE: Subscribe to our list Connect with us on Twitter Email us and tell us what you think!