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Co-hosts law school deans Jackie Gardina and Mitch Winick invite lawyers, authors, law professors, and expert commentators to discuss current challenges to our individual constitutional and civil rights. Educators at heart, this “dynamic dean-duo” believe that the law should be accessible to everyone . . . and should never be boring!
Available episodes
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Nov 21, 2023
How Did the Police Become Untouchable? With Joanna Schwartz
Before killing George Floyd, Officer Devin Chauvin had at least 18 misconduct complaints lodged against him. Despite this history, Chauvin was elevated to training new officers. How could this happen? UCLA Law Professor Joanna Schwartz, author of Shielded: How the Police Became Untouchable, explains how courts have constructed multiple legal barriers to holding police accountable, making it nearly impossible for victims of police misconduct to obtain damages or to seek changes to police department’s practices and policies. In the end, she offers steps to dismantle some of these barriers and improve public safety.
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Nov 7, 2023
When Religious Ideology and Public Health Collide - We All Lose! with Wendy Parmet
The COVID pandemic exposed weaknesses in our public health system and exposed the lack of trust in science and government. The change in the Supreme Court’s interpretation of public health law has been equally startling . . . overturning 100+ years of public protection by granting religious ideology priority over science. Northeastern University Law Professor Wendy Parmet also serves as the Faculty Director of the university's Center for Health Policy and Law and is the author of Constitutional Contagion: Covid, the Courts and Public Health.
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Oct 17, 2023
Are Lies and Liars Protected by the First Amendment? with Jeff Kosseff
Professor Jeff Kosseff, author of "Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation" examines and defends constitutional protection for false speech. "It's the listener and the reader who gets to choose, not the Government!" says Jeff. His warning is that "Once we give away our freedom of speech, we are unlikely to get it back." Jeff is also the author of "The United States of Anonymous: How the First Amendment Shaped Online Speech" and "The Twenty-Six Words That Created the Internet."
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Oct 3, 2023
Why Does the US Criminalize Legal Immigration? with Cesar García Hernández
Nationally recognized immigration law expert, Professor Cesar García Hernández of The Ohio State University Moritz College of Law talks about the intersection of criminal and immigration law, including the rights of migrants in the criminal justice system, immigration imprisonment, and race-based immigration policing.
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Sep 19, 2023
The Best Beloved Thing is Justice! with Lisa Kloppenberg
Professor and Dean Emerita Lisa Kloppenberg, author of The Best Beloved Thing is Justice: The Life of Dorothy Wright Nelson, discusses her mentor, colleague, and friend. Judge Nelson was a true trailblazer for women in the legal profession. She was one of only two women in her class at the UCLA School of Law and one of the first 14 female tenure-track law professors in the United States. She became one of the first women to lead an American law school as Dean of USC Gould School of Law and later became a distinguished jurist on the U.S. Court of Appeals for the Ninth Circuit. An inspiring story shared by a nationally renowned scholar in her own right, Santa Clara University School of Law Professor and Dean Emerita Lisa Kloppenberg.
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Sep 5, 2023
Has this Supreme Court Lost Its Balance? with NPR Legal Correspondent Nina Totenberg
Supreme Court Correspondent Nina Totenberg discusses her fifty-year career as a reporter covering some of the most important Supreme Court decisions of our time. As a front-row witness to history, with unique access to Supreme Court Justices and Washington D.C. policymakers, Nina joins SideBar cohosts Jackie Gardina and Mitch Winick to discuss the importance of building relationships - with the Court - within the Court - and most importantly, with the public. Along with Susan Stamberg, Cokie Roberts, and Linda Wertheimer, Nina was one of the "Four Mothers of National Public Radio" who laid the foundation of one of the most respected news organizations in America.
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Aug 15, 2023
Is the Supreme Court Amassing Unconstitutional Power? with Stephen Vladeck
Professor Stephen Vladeck author of the New York Times bestselling book, The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, discusses how the Supreme Court has dramatically expanded the use of the little-known - and poorly understood - "Shadow Docket" to approve unconstitutional voting processes, abortion bans, restrictive immigration policies, and expanded religious liberties. Vladeck is a CNN Supreme Court analyst and cohosts an award-winning national security law podcast.
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Aug 1, 2023
Why Do We (Still) Fail to Respect Women Under the Constitution? with Julie Suk
Professor Julie Suk, author of After Misogyny: How the Law Fails Women and What to Do About It, discusses the legal and economic framework in the United States that fails to fairly recognize and value women's work. Unfortunately, the U.S. remains a leader in unequal pay, no pay, inadequate support for childcare, healthcare, and social services, and irregular parental leave policies and protections. Professor Julie Suk explains how other countries have enacted constitutional protections and inclusive lawmaking processes that result in more equitable outcomes for women that result in benefits to all members of society. Professor Suk challenges us to consider correcting deficiencies in our federal constitution that would enhance equality, improve the economy, and enrich our democracy.
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Jul 18, 2023
Has America Abandoned the Promise of a Multi-Racial Democracy? with Dr. Peniel Joseph
After 200 years of racial and ethnic struggle, including the Civil War, Reconstruction, the Civil Rights Era, and Black Lives Matter, where are we now in the effort to achieve the promise of a multi-racial democracy? Dr. Peniel Joseph helps us to understand this struggle and describes our current political environment in a historical context. He holds a joint professorship at the LBJ School of Public Affairs and the History Department in the College of Liberal Arts at The University of Texas at Austin. He is also the founding director of the LBJ School's Center for the Study of Race and Democracy and the Associate Dean for Justice, Equity, Diversity and Inclusion. Dr. Joseph is the author of seven books, most recently The Third Reconstruction: America’s Struggle for Racial Justice in the 21st Century which won the 2023 Robert F. Kennedy Book Award.
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Jul 4, 2023
Was the Constitution Ever Really Color-Blind? with Damon Hewitt
Damon T. Hewitt, President and Executive Director of the Lawyers’ Committee for Civil Rights Under the Law, discusses Students for Fair Admissions, Inc. v. University of North Carolina and the Supreme Court’s direction on affirmative action. Hewitt explains what Brown v. Board of Education got wrong, exposes the logical fallacy behind the idea that a diversity rationale should have an endpoint, and offers insights on what higher education institutions should do in response to the Court’s decision.
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Jun 20, 2023
Police Reform is NOT the Answer, Only Community Reform Will Create Lasting Change, with Dr. Thaddeus Johnson
Dr. Thaddeus Johnson, former police officer, Senior Fellow at the Council on Criminal Justice, and Assistant Professor of Criminal Justice and Criminology at Georgia State University, discusses his research and unique insights on empowering citizens to create safer communities. Public safety requires more than police reform, it requires community reform and in this wide-ranging and motivating conversation, Dr. Johnson details the steps communities can take to reduce crime, increase police accountability, and rebuild trust.
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Jun 6, 2023
Who is "Whispering" in the Supreme Court's Ears? with Hazelton & Hinkle
Professors Morgan Hazelton and Rachael Hinkle have published a fascinating book on one of the mysteries behind Supreme Court decision-making. "Persuading the Supreme Court: The Significance of Briefs in Judicial Decision-Making" combines research of more than 25,000 party and amicus briefs filed between 1984 and 2015 and interviews with former Supreme Court clerks and attorneys to shed light on the use of amicus briefs, one of the more mysterious and consequential features of Supreme Court cases. Both professors have J.D. and Ph.D. degrees and combine unique academic expertise in judicial politics, judicial process, and analytical methods.
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May 16, 2023
Technology-Driven Justice: Can Al and Big Data Revolutionize the Courts? with Nicole Clark
Nicole Clark, lawyer, entrepreneur, and CEO of Trellis, discusses how the award-winning technology start-up she founded is democratizing access to the law by making state trial court records more accessible and bringing transparency to the judicial system. Nicole describes her vision, reveals the challenges for women entrepreneurs to obtain venture capital, and predicts how legal technology will transform the legal profession.
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May 2, 2023
Can We Trust this Supreme Court with the Constitution? with Elie Mystal
The indomitable, outspoken, brilliant, and thoughtful Elie Mystal, author, columnist, and commentator, joins cohosts Jackie Gardina and Mitch Winick to discuss his book Allow Me to Retort: A Black Guy's Guide to the Constitution. In this wide-ranging conversation, Elie challenges our thinking about how judges should be selected, the myth of judicial ethics, and the false narrative of "originalism".
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Apr 18, 2023
Supreme Court Justices Behaving Badly - What Has History Taught Us? with Judge Margaret McKeown
Judge Margaret McKeown discusses her new book Citizen Justice: The Environmental Legacy of William O. Douglas and her research on the Supreme Court Justice's controversial approach to advocacy both on and off the bench. During his 36 years on the bench, Justice Douglas was threatened with impeachment twice, including concerns about private payments received during his long tenure and for a perceived conflict of interest where he refused to recuse himself. Is history repeating itself?
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Apr 4, 2023
Is Conservative Christian Discrimination Now a Protected Class? with Nomi Stolzenberg
Law Professor Nomi Stolzenberg discusses the US Supreme Court’s consideration of Conservative Christian ideology as a new protected class under the First Amendment. Seven of the nine members of the Supreme Court are Catholic or raised Catholic. How does this potentially affect the decisions being handed down by the Supreme Court?
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Mar 21, 2023
Judicial Misconduct - How Should We Respond? with Charles Geyh
Professor Charles Geyh, an expert in judicial conduct, discusses the ethical obligations of judges and the options available (or not) when judges break the rules - including the U.S. Supreme Court justices. He also weighs the pros and cons of electing vs. appointing judges.
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Mar 7, 2023
Who's Writing All These Crazy State Laws? with Joel Rogers
Professor Joel Rogers describes the rise of American Legislative Council (ALEC), the organization responsible drafting model bills introduced across the country with devastating impacts upon public education, voting rights, and environmental protections, to name a few. He also outlines a strategy for reversing these efforts and provides a message of hope.
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Feb 21, 2023
Who Do State Legislatures Actually Represent? with Buffy Wicks
In this SideBar episode, California Assemblymember, Buffy Wicks discusses the power of state legislatures to protect fundamental constitutional rights and the importance of diverse representation.
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Feb 4, 2023
Book Bans and Democracy - Can they coexist? with Suzanne Nossel
In this episode of SideBar, Suzanne Nossel, the Chief Executive Officer of PenAmerica, discusses the dangers of book bans and educational gag orders to our core democratic values. She places these laws within a historical context, explains why they matter, and provides a way forward.
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Jan 21, 2023
Artificial Intelligence (Al) - Who do you trust? with Orly Lobel
In this episode of SideBar, Orly Lobel, author and Warren Distinguished Professor of Law at the University of San Diego School of Law discusses both the opportunities and challenges of harnessing the power AI. Her most recent book, The Equality Machine: Harnessing Digital Technology for a Brighter, More Inclusive Future (PublicAffairs 2022), was named one of The Economist's Best Books of 2022.
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Jan 7, 2023
Lady Justice with Dahlia Lithwick (part 2)
Dahlia Lithwick and the Legitimacy of the Supreme Court: In Part II of our wide-ranging conversation with Dahlia Lithwick, we move from discussing the lawyers in her book, Lady Justice: Women, the Law, and the Battle to Save America, to the legitimacy of the Supreme Court and the critical role lawyers play in our society.
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Jan 7, 2023
Lady Justice with Dahlia Lithwick (part 1)
Dahlia Lithwick, award-winning lawyer, author, commentator, and podcaster reminds us that we all have a role to play in protecting our rights. Her book, "Lady Justice", celebrates the important role that women lawyers have played in pursuing justice and equality. She reminds us that we each need to step up, educate ourselves on the issues, and do the hard work necessary to achieve change. In Lithwick's career, she went from a position of great power and authority reporting on the Supreme Court from the inside . . . to the role of advocate and commentator speaking truth to power from the outside through her keen observations about the U.S. Supreme Court and its ideological agenda.
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Dec 17, 2022
"Vigilante Federalism' with David Noll (part 2)
In Part II, we continue our discussion with David Noll, co-author of "Vigilante Federalism", who warns how the spread of private subordination laws thwarts our democratic system and undermines longstanding constitutional rights.
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Dec 3, 2022
'Vigilante Federalism' with David Noll (part 1)
David Noll, co-author of "Vigilante Federalism", is a lawyer, columnist, and Rutgers law professor who warns how the spread of private subordination laws thwarts our democratic system and erases longstanding constitutional rights.
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Nov 16, 2022
Reclaiming Democracy, with David Pepper (part 2)
In Episode 2, Reclaiming Democracy, David Pepper, the author of Laboratories of Autocracy: A Wake-Up Call from Behind the Lines, provides a stark wake-up call for the steps he believes are necessary to move from a competitive autocracy back to a democracy. Pepper insists that reclaiming our democracy requires a sustained and persistent effort at the local, state, and federal levels. With a view to the future, he highlights the steps he believes are necessary to defend democracy.
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Nov 5, 2022
It’s the Statehouses Stupid! with David Pepper (part 1)
It’s the Statehouses. Stupid. So says David Pepper, the author of Laboratories of Autocracy: A Wake-Up Call from Behind the Lines. State legislatures, often ignored, play a significant role in deciding our rights, including the right to vote. Join SideBar co-hosts law school deans Jackie Gardina and Mitch Winick as they discuss current challenges to the American political system and Constitutional rights with author, lawyer, and politician David Pepper as the podcast’s inaugural guest. {Part 1 of 2}
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Oct 27, 2022
New Show Launches! with Gardina and Winick
Is our democracy at risk? How do we balance competing constitutional rights? How do we battle disinformation and still maintain free speech? If these are questions you grapple with, this is the show for you!
Hosts (and law school deans) Jackie Gardina and Mitch Winick proudly present ‘SideBar’, a podcast dedicated to discussing rights, self-governance, and the fabric of our society... the law. Tune in twice a month as Jackie and Mitch speak plainly about these complicated topics with amazing guests! And now, onto the teaser :)
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