Legal Talk Today
Legal Talk Network
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A dailyish-to-daily show dedicated to covering essential legal issues. Hosted by Laurence Colletti, this short format program highlights what’s important to the legal profession, its lawyers, and their clients.
Available episodes
Newest first
Oldest first
2 days ago
DeSantis vs. Big Tech
Florida plans to prevent censorship, political favoritism, and mishandling of personal data on social media platforms... but is it Constitutional? Professor Clay Calvert from the University of Florida explains.
Special thanks to our sponsor Nota.
Source:
* Click Orlando.com article by Thomas Mates ‘Gov. DeSantis offers new details in plan to take on Big Tech’
* Tampa Bay Times article by Mary Ellen Klas ‘DeSantis proposal protects candidates like Trump from social media bans’
4 days ago
GameStop: Who’s Left Holding the Bag?
Remember that gigantic dumpster fire with Gamestop? Now that some of the dust has settled and lawsuits filed, who is going to pay for that massive loss of money? Peter Hutcheon from Norris McLaughlin gives us the skinny.
Special thanks to our sponsor Nota.
Sources:
* Norris McLaughlin website article by Peter Hutcheon ‘Rupture Rapture: Should the GameStop?’
* Norris McLaughlin website article by Peter Hutcheon ‘Inciting to Rupture: Keith Gill and the Gamestop Surge’
6 days ago
Hazard Pay during COVID-19
In California, some essential workers are receiving hazard pay during COVID-19. But who are they, how much do they get, and how is it being paid for? Benjamin Tulis from Jackson Lewis tells us all about it.
Special thanks to our sponsor Nota.
Sources:
* National Law Review article by Benjamin A. Tulis and Sehreen Ladak ‘Hazard Pay for Grocery Workers Trending’
* Jackson Lewis website article by Benjamin A. Tulis ‘Hero Pay Ordinance Passed in City of Long Beach and Likely Coming to a City Near You’
Feb 19, 2021
Expunging Detroit
Project Clean Slate’s lead attorney Stephani La Belle joins us to talk about a new Detroit-based program to expunge criminal records and give ex-cons a second chance. Tune in to hear about the pros, cons, and paths forward.
Special thanks to our sponsor Nota.
Feb 17, 2021
Indoor Church Services Return
The Supreme Court rules in favor of indoor services for Houses of Worship, but what does that mean? David Savage from the Los Angeles Times brings us the details.
Special thanks to our sponsor Nota.
Sources:
* Los Angeles Times article by David Savage ‘Supreme Court rules California Churches may open despite the pandemic’
* Previous Legal Talk Today Episode ‘Cuomo vs. Houses of Worship’
* SCOTUS Blog Posts and Updates ‘South Bay United Pentecostal Church v. Newsom’
* SCOTUS Blog article ‘Justices lift New York’s COVID-related attendance limits on worship services’
* Supreme Court Decision ‘Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York’
* Supreme Court Decision ‘South Bay Pentecostal Church v. Newsom’
Feb 15, 2021
Erasing Family (Part 2)
Director of Erasing Family, Ginger Gentile returns to continue our conversation about why millions of Americans become permanently separated from their families following a contentious divorce. Tune in to hear the heartbreaking reasons why children choose one parent over another and why some parents give up even after a divorce has ended.
Special thanks to our sponsor Nota.
Sources:
* Erasing Family Documentary website
* https://www.kraayeveld.com/blog/michigan-shared-parenting-bill-could-get-another-look/
* Ginger... @GingerGentile on insta... Ginger . Gentil on Facebook.
* Let Sara
Feb 12, 2021
Erasing Family (Part 1)
Ginger Gentile is the director of Erasing Family, a documentary about divorce, child custody, and being alienated. She joins us in this two part series to talk about the tragedies that tens of millions of Americans face when they become permanently separated from their families.
Special thanks to our sponsor Nota.
Feb 10, 2021
Red Notices & International Men of Mystery?
Red Notices, “International-Men-of-Mystery”, and INTERPOL might sound like a movie plot with The Rock, Ryan Reynolds, and Gal Gadot (and it is) but in the real world this is a serious legal issue for people which can shut them out of civilization or cause them to be deported. Michelle Estlund of Estlund Law (an INTERPOL Defense firm) is here to explain.
Special thanks to our sponsor Nota.
Feb 8, 2021
Uber vs. New York
Kevin Smith from Sheppard Mullin joins us to law-splain a New York case against Uber that defines their workers as employees or independent contractors.
Sources:
* National Law Review article by Kevin Smith and Jamie Moelis ‘Battle Over Rideshare Worker Classification Continues: New York Supreme Court Holds Uber Drivers Are Employees, Entitled to Unemployment Insurance’
* Justia US Law article ‘Matter of Lowry (Uber Tech., Inc--Commissioner of Labor)’
Feb 5, 2021
DC Statehood (Part 2)
In the second part of this two-part series, we pick up right where we left off with our discussion about our country’s traditional way for creating new states with Professor Gerard Magliocca from Indiana University Robert H. McKinney School of Law.
Sources:
* Wikipedia article ‘District of Columbia Democratic State Committee’
* National Constitution’s Interactive Constitution ’Article 4 - The Admissions Clause’ by Eric Biber and Thomas B. Colby
* National Constitution’s Interactive Constitution ‘Article 5’ by Michael B. Rappaport and David A. Strauss
* National Constitution’s Interactive Constitution ‘The 23rd Amendment’ by John S. Baker, Jr. and Aderson Bellegarde Francois
* The Hill article by Julia Manchester ‘Senate Democrats Reintroduce DC Statehood Bill’
* The Princeton Tory article by Akhil Rajasekar ‘The Case Against D.C. Statehood’
Feb 3, 2021
DC Statehood (Part 1)
In this two part series we talk about the Congressional push to convert Washington DC into our 51st state. Professor Gerard Magliocca from the Indiana University Robert H. McKinney School of Law joins us to discuss the history, policy, and possible legal paths forward for this latest effort.
Sources:
* Wikipedia article ‘District of Columbia Democratic State Committee’
* National Constitution’s Interactive Constitution ’Article 4 - The Admissions Clause’ by Eric Biber and Thomas B. Colby
* National Constitution’s Interactive Constitution ‘Article 5’ by Michael B. Rappaport and David A. Strauss
* National Constitution’s Interactive Constitution ‘The 23rd Amendment’ by John S. Baker, Jr. and Aderson Bellegarde Francois
* The Hill article by Julia Manchester ‘Senate Democrats Reintroduce DC Statehood Bill’
* The Princeton Tory article by Akhil Rajasekar ‘The Case Against D.C. Statehood’
Feb 1, 2021
Patenting Pot
Can you actually patent a marijuana plant? Isn’t that still illegal under federal law? The answer to both of those is yes... but how does that work? Neil Juneja from Gleam Law joins us to explain the growing intersection of cannabis and intellectual property rights.
Sources:
* National Law Review article by Tamara Fraizer ‘Twelve Cannabis Plant Patents and Counting’
Jan 29, 2021
Impeachment & Twinkies
Professor Frank Bowman from the University of Missouri School of Law gives us a civics lesson about the process of impeachment. Stay tuned to find out what happens when you get impeached for eating Twinkies.
Sources:
* National Constitution Center’s Interactive Constitution ‘Article I, Sections 1-3’ by William N. Eskridge Jr., Neomi Rao, Bradley A. Smith, Daniel P. Tokaji, Steven G. Calabresi, and Michael J. Gerhardt
* National Constitution Center’s Interactive Constitution ‘Article II, Section 4’ by Neil J. Kinkopf and Keith E. Whittington
* NPR article by Nina Totenberg ‘Can the Senate Try an Ex-President’
* United States Senate post ‘Constitution of the United States’
* Wikipedia article ‘Impeachment in the United States’
* Wikipedia article ‘Pardon of Richard Nixon’
Jan 27, 2021
PREP Act’s Liability Protections from COVID-19
The Public Readiness and Emergency Preparedness Act protects those fighting COVID-19 from liability but not all the time and not for everything. Tune in to learn more about this very important law and its limitations with guest Erik Swanholt from Foley Lardner.
Sources:
* Foley & Lardner article by Erik Swanholt, John Atallah, & Jessica Walker ‘How can a facility have both covered and uncovered counter measures fighting a disease? In terms of liability, what impact could that possibly have?’
* National Law Review article by Erik Swanholt, John Atallah, & Jessica Walker ‘HHS Expands and Clarifies Scope of Immunity under the PREP Act’
Jan 25, 2021
No Fly List
What exactly is the No-Fly List, who runs it, who gets on it, and more importantly how do the innocent get off it? Eduardo Angeles from Clark Hill joins us to explain.
Sources:
* Wikipedia article ‘No Fly List’
Jan 22, 2021
Kraken vs. Kraken
Famed election challenger Sidney Powell is being sued for defamation by Dominion Voting Systems for 1.3 billion dollars but whose Kraken will win this fight? Jenna Greene, legal Columnist from Thomson Reuters, joins us to discuss the Clash of the Titans.
Sources:
* CNBC article by Kevin Breuniger and Dan Mangan ‘Federal judge dismisses Sidney Powell lawsuit that sought to overturn Trump loss in Georgia’
* Dominion’s Defamation Suit against Sidney Powell
* Sidney Powell’s Federal Suit against Georgia
* WestLaw Today article by ’Savvy or silly? Dominion's demand for $1.3 billion from ex-Trump lawyer Sidney Powell’
Jan 20, 2021
Future Voting & the Census
An update on where things stand for the future of voting, representation in Congress, and allocation of federal funds through the Census count. Hans von Spakovsky from the Heritage Foundation joins us to discuss the Supreme Court’s decision in Trump vs. New York and how it will impact our use of the Census in the years to come.
Sources:
* SCOTUS Blog post ‘Trump v. New York’
* Supreme Court Decision ‘Trump v. New York’
Jan 18, 2021
Tanzin v. Tanvir
Can you sue for damages when the Federal Government violates your religious and civil rights? That’s exactly what three Muslim men did when they were harassed and were put on the no-fly list by law enforcement when they refused to spy on their community. Jennifer Cowan from Debevoise & Plimpton explains this very important case and what it means for religious liberties.
Sources:
* Center for Constitutional Rights article ‘FAQs: Tanzin v. Tanvir’
* SCOTUS Blog article ‘Tanzin v. Tanvir’
* Amicus Brief from 67 Religious Organizations
* Decision from the U.S. Supreme Court ‘Tanzin v. Tanvir’
Jan 15, 2021
Americans Subsidizing Drugs?
According to government sources, drug companies charge Americans more for prescription medications than other countries. In this episode, we talk about a new rule designed to close that gap and why some are pushing back against it. Leah D’Aurora Richardson from the law firm of K & L Gates explains the new rule and policies surrounding the issue.
Sources:
* Centers for Medicare & Medicaid Services fact sheet ‘Most Favored Nation Model for Medicare Part B Drugs and Biologicals Interim Final Rule with Comment Period’
* Centers for Medicare & Medicaid Services post ‘Most Favored Nation Model’
* K&L Gates Hub article by Leah D’Aurora Richardson, Richard B. Church, and Victoria K. Hamscho ‘CMS Issues Most Favored Nation Model Interim Final Rule: What to Expect Next’
* House Ways & Means Committee report ‘A Painful Pill to Swallow: U.S. vs. International Prescription Drug Prices’
* National Law Review article by Leah D’Aurora Richardson, Richard B. Church, an…
Jan 13, 2021
Supreme Court’s Latest
Dean Erwin Chemerinsky from the Berkeley School of Law joins us to give an update on the Supreme Court and its big cases as well as predictions for Court Packing.
Sources:
* ABA Journal article by Erwin Chemerinsky ‘Chemerinsky: Predicting the Supreme Court in 2021 may be dangerous and futile’
* ABA Journal article by Mark Walsh ‘Second half of SCOTUS term may bring the temperature down compared to its feverish first’
* Supreme Court of the United States post ‘The Court and Its Procedures’
Jan 11, 2021
Counting the Votes!
How do we count electoral college votes in a contested Presidential election? Professor Richard Hasen from the University of California, Irvine School of Law gives us a civics lesson.
Sources:
* Wikipedia article ‘Electoral Count Act’
* Wikipedia article ‘United States Electoral College’
* 3 US Code §15 ‘Counting Electoral Votes in Congress’
* U.S. Constitution Article 2 from Cornell Law School’s Legal Information Institute
Jan 8, 2021
Suing Gascon!
District Attorney George Gascon has been making national headlines for his Special Directives which have caused his own Deputy District Attorneys to sue him. They believe the new directives put them on a collision course with the law and their sworn duties to the State of California. Tune in to hear all about it with the Daily Journal’s Malcolm Maclachlan.
Sources:
* The Association of Deputy District Attorneys for Los Angeles County v. George Cascon... The Complaint
* Case Update from ‘Metropolitan News Enterprise’
* Courthouse News Service article by Nathan Solis ‘LA County Prosecutors Sue DA Gascon Over Criminal Justice Reforms’
* The Daily Journal article by Malcolm Maclachlan ‘LA prosecutors sue DA Gascon over orders’
* Press Release from the Association of Deputy District Attorneys
Jan 6, 2021
Human Trafficking
January is Human Trafficking Prevention Month. Tune in to learn about the different signs and how to help if you think someone is in need of assistance, with executive director of Samaritan Village Dionne Coleman.
Sources:
* Samaritan Village... Website
* Samaritan Village... One Village Sneak Peek
* 1-888-373-7888... Human Trafficking Hotline
Jan 4, 2021
Why So Many Robocalls? Why?!
University of Nebraska College of Law Professor Justin Hurwitz explains the out-dated regulatory framework at the center of litigation and calls for reform to address the scourge of robocalls.
Sources:
* Federal Communications Commission notice “FCC Actions on Robocalls, Telemarketing”
* The Hill article by Justin “Gus” Hurwitz “Time to hang up on a bad anti-robocall law”
* The National Law Review article by Russell H. Fox and Elana R. Safner ‘“TCPA Regulatory Update-FCC Reverses Course on Broadnet Declaratory Ruling; Begins Implementing Another Section of the TRACED Act”
* Oyez article “Facebook, Inc. v. Duguid”
* SCOTUS Blog article “Facebook Inc. v. Duguid”
* SCOTUS Blog article by Amanda Shanor “Argument analysis: Justices at odds over federal robocall ban in the face of technological change”
* SCOTUS Blog article by Amanda Shanor “Case preview: Justices again take on anti-robocall law”
* Telephone Consumer Protection Act from FCC…
Jan 1, 2021
Must-See Legal TV
Law in pop culture columnist Adam Banner critiques law on TV, from “Better Call Saul” and what “100 Humans” can teach us, to pro se shenanigans depicted on “It’s Always Sunny in Philadelphia.”
Dec 30, 2020
2020 Year in Review with ALM
2020 Year in Review and who better to explain it than our good friend Zach Warren from American Lawyer Media.
Dec 28, 2020
Escaping Alcatraz!
A history of the island prison’s breakouts. Former resident and author Jolene Babyak tells us the tales. Stay tuned to hear what some escapees (if they’re still alive) would be wanted for today.
Dec 25, 2020
Dibs on the Vaccine?
Allison Winnike from the Immunization Partnership walks us through the Trump Administration’s Operation Warp Speed, how it produced vaccines so quickly, and who will receive them first.
Sources:
* Previous Podcast Episode ‘Can the Boss Mandate the COVID-19 Vaccine?’
* American Journal of Medicine article ‘Allocating Vaccines in a Pandemic: The Ethical Dimension’
* Medical News Today article ‘How did we develop a COVID-19 vaccine so quickly?’
* NBC article by Brice Helms ‘How the Pfizer vaccine received quick approval’
Dec 23, 2020
Santa Claus!
Today we have a special holiday show, and what better way to do it than with our good friends Jared Correia from our Legal Toolkit Show and our producer Molly McDonough, as well as a special guest (stay tuned to find out who it is).
Sources:
* The North Pole
Dec 21, 2020
Real Estate Trends 2020 (the latest)
Where did Real Estate (commercial and residential) end up at the end of 2020? Wendy Cole from the National Association of Realtors gives us the latest.
Sources:
* Times of San Diego article by Matt Levin ‘California Lawmakers Weigh New Moratorium on Evictions as Jan. 31 Rental ‘Cliff’ Looms’
* Nasdaq article by Maurie Backmon ‘Borrowers Rush to Seek Mortgage Forbearance Before COVID-19 Relief Runs Out’
* Statista study by Erin Duffin ‘Monthly unemployment rate in the United States from November 2019 to November 2020’
* Statista study by Erin Duffin ‘State unemployment rate in the U.S. as of October 2020’
Dec 18, 2020
Weed in the House!
The MORE Act has been passed by the U.S. House of Representatives, but does that mean it’s legal at the federal level? Not just yet... Vincent Sliwoski from Harris Bricken explains the Marijuana Opportunity Reinvestment and Expungement Act.
Sources:
* NBC article by Alicia Victoria Lozano ‘House passes historic bill to decriminalize cannabis’
* NORML article ‘House Leadership Announces Vote On MORE Act To End Marijuana Prohibition Will Take Place Next Week’
Dec 16, 2020
Cuomo vs. Houses of Worship
A recent Supreme Court case has diminished Governor Cuomo’s ability to restrict numbers of participants at religious gatherings from his COVID-19 lockdowns. Nicholas Nelson from Faegre Drinker breaks down this case officially called ‘Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York’.
Dec 14, 2020
Fertility Fraud & DNA Test Kits
Many will use DNA testing kits this holiday season and receive unwelcome surprises. What if you suddenly discovered you had dozens of siblings from the same Doctor-Daddy at a fertility clinic? In this episode, we talk about the wide-spread fertility fraud during the 70s-90s featured in HBO’s ‘Baby God’ documentary with Adam Wolf from Peiffer Wolf.
Dec 11, 2020
More Video Games on the Brain
What’s better than one episode about video games? ... A second episode about video games! David Hoppe from Gamma Law joins us to discuss the new consoles from Sony and Microsoft, large studio acquisitions, and world-wide industry growth.
Sources:
* CBS News article by Aimee Picchi ‘PS5 and Xbox Series X restock coming to Walmart and other retailers’
* Gamma Law blog post by David Hoppe ‘Would a Biden Administration Seek to Regulate Video Game Violence?’
* Gamma Law blog post by David Hoppe ‘Microsoft Buys Bethesda in Massive Deal worth 7.5 Billion’
* Gamma Law blog post by David Hoppe ‘Stay-at-Home Orders Fuel Growth of Chinese Gaming Industry’
* Gamma Law blog post by David Hoppe ‘Video Game News: Sony Gaming Revenue Dropped in Q4 2019, but the Outlook is Bright’
* Gamma Law blog post by David Hoppe ‘Video Game News: Sony Gaming Revenue Dropped in Q4 2019, but the Outlook is Bright’
* Statista post by Christina Gough ‘Video Game Industry - S…
Dec 9, 2020
Can the Boss Mandate the COVID-19 Vaccine?
COVID-19 vaccines are almost here! But what will happen in the workplace? What if your boss makes you take the vaccine but you refuse? Then what? Christine Bestor Townsend from Ogletree Deakins sheds some light.
Sources:
* FDA Announcement for Pfizer’s Vaccine Review ‘Vaccines and Related Biological Products Advisory Committee December 10, 2020 Meeting Announcement’
* FDA Announcement for Moderna’s Vaccine Review ‘Coronavirus (COVID-19) Update: FDA Announces Advisory Committee Meeting to Discuss Second COVID-19 Vaccine Candidate’
* Previous Podcast Episode ‘Vaccine Liability during COVID-19’
* Stat News article by Matthew Herper ‘U.K. approves Pfizer’s COVID-19 vaccine, putting pressure on FDA’
* U.S. Department of Health & Human Services Fact Sheet ‘Explaining Operation Warp Speed’
* The Washington Post article by Jena McGregor ‘Employers start preparing for the coronavirus vaccine with a question: Can we require it?’
Dec 7, 2020
Trump v. New York
Illegal Immigrants, the Census, and Representation in Congress: Hans von Spakovsky from the Heritage Foundation discusses Trump vs. New York, the Supreme Court case about counting illegal immigrants to divy up representation in the U.S. House of Representatives.
Sources:
* Census Impact 2020 (Part I) ... {a previous podcast episode}
* Census Impact 2020 (Part II) ... {another previous podcast episode}
* SCOTUS Blog Post by Amy Howe ‘Argument analysis: Justices seem inclined to put off ruling on merits of Trump’s plan for census data’
* SCOTUS Blog Symposium for ‘Trump v. New York’ by Hans von Spakovsky: ‘Trump’s census policy is both fundamentally fair and legally sound’
* SCOTUS Blog Symposium by ‘Trump v. New York’ John Baker: ‘All foreign nationals should be excluded from apportionment. That’s what the Constitution requires’
* Wikipedia article ‘Plyer v. Doe’
Dec 4, 2020
Influence Peddling
Dr. Craig Holman from Public Citizen explains what lobbyists do, the rules that apply to Congress, and the system safeguards to help curb unlawful influence peddling.
Sources:
* McClatchy DC article by Ben Wieder ‘As Members of Congress head for the exits, loosely regulated gravy train beckons’
* Taylor & Francis Online article by J. Patrick Dobel ‘The Strategic Advantage of Conflict of Interest Laws’
Dec 2, 2020
Video Games are Huge!
Many businesses have struggled to get through 2020, however one industry has been thriving: the video game industry. Daniel Rose from Foley and Lardner tells us about increased growth, opportunities in esports, and the exciting confluence of streaming, consoles, and Cloud Gaming. {Spoiler} He shares some of his favorite video game picks.
Sources:
* 2020 Esports Survey Report by Jonathan L. Israel, Julie A. McGinnis, Bobby Sharma, Michael J. Wall, and Kevin R. Schulz
* CNBC article by Ryan Browne ‘Game consoles may haul in $45 billion this year, and big changes are coming’
* CNN article by Shannon Liao ‘Massive tween gaming platform Roblox files for IPO’
* ESPN article ‘Pro Bowl goes virtual, an innovative game will play our on Madden NFL 21 this season’
* Law.com article by Patrick Smith ‘An 11 Billion Merger, 500 Million Fans: ESports’ Time is Approaching’
Nov 30, 2020
Jones Day's Intimidation
John Adams’ representation of British Soldiers after the Boston Massacre ensured representation for all in our courts. Today, many lawyers are being scrutinized, harassed, and/or threatened for their representation of President Trump’s or the Republican Party’s interests in recent election cases. David Lat joins us to explain what’s been going on with Jones Day and other law firms and lawyers who have found themselves under intense public scrutiny.
Sources:
* ABA Journal article by Bob Carlson ‘Defense of the unpopular: Lawyers should not suffer backlash for defending rights of unsympathetic clients’
* Above the Law articles:
*
* Above the Law article by Joe Patrice ‘Jones Day Bets on Donald Trump as Half-Baked Election Challenges Crumble’
* Above the Law article by Kathryn Rubino ‘Protests and Boycotts Come to Jones Day’s Doorstep’
* Above the Law article by Kathryn Rubino ‘Even Jones Day Lawyers are Giving Trump’s Election Lawsuits Some Seriou…
Nov 27, 2020
Safe Shopping on Black Friday
Black Friday has arrived! And Linn Foster Freedman from Robinson and Cole is here to help you safe-shop this holiday season while keeping your data secure.
Sources:
* Cyber Security Dive article by Sue Poremba ‘How companies are meeting the challenge of a changing cyberthreat landscape’
* Retail Dive article by Lisa Rowan ‘Retail cyberattack attempts up 20% last year’
* Retail Dive article by Tatiana Walk-Morris ‘Study: Two-Thirds of shoppers concerned about holiday data breaches’
Nov 25, 2020
Mayflower Landing: 400th Anniversary
400 years ago the Mayflower arrived in the New World. Before the passengers could set foot on shore, they needed to assemble a new set of laws to hold the colony together. Professor Julia Ernst from the University of North Dakota School of Law tells us the story of the Mayflower Compact, our first representative government.
Sources:
* History Channel article ‘Mayflower Compact’
* Wikipedia article ‘Mayflower Compact’
Nov 23, 2020
Census Impact 2020 (Part II)
In this second episode (of two), Professor Margo Anderson from the University of Wisconsin-Milwaukee continues her discussion about the Census, this time addressing counting methodologies, the requirement of confidentiality, and the formula used to apportion representation in the U.S. House of Representatives.
Sources:
* CNBC article by Dan Mangan ‘Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count’
* The Hill article by John Kruzel ‘Supreme Court grants Trump request to halt 2020 Census’
* Journalist’s Resources article by Clark Merrefield ‘What’s Happening with the census, the Supreme Court and House Reapportionment?’
* Law.com article by Jacqueline Thomsen ‘As Census Deadlines Near, a Judge is Skeptical of Ordering Quick Release of Trump Docs’
* Wikipedia article ‘United States Census’
Nov 20, 2020
Census Impact 2020 (Part I)
Professor Margo Anderson from the University of Wisconsin-Milwaukee discusses the importance of this year’s Census for representation in the U.S. House of Representatives, federal funding, and redistricting for the purposes of voting.
Sources:
* CNBC article by Dan Mangan ‘Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count’
* The Hill article by John Kruzel ‘Supreme Court grants Trump request to halt 2020 Census’
* Journalist’s Resources article by Clark Merrefield ‘What’s Happening with the census, the Supreme Court and House Reapportionment?’
* Law.com article by Jacqueline Thomsen ‘As Census Deadlines Near, a Judge is Skeptical of Ordering Quick Release of Trump Docs’
* Wikipedia article ‘United States Census’
Nov 18, 2020
Shroom Ballots
Oregon has changed the penalty for certain quantities of illegal drugs and is trying to start a new “magic mushroom” therapy business under the passing of Measures 109 and 110. But does that mean these illicit drugs are suddenly legal? Not exactly. Lizzy Acker, reporter for the Oregonian explains.
Sources:
* Ballotpedia ‘Oregon Measure 109, Psilocybin Mushroom Services Program Initiative (2020)’
* Ballotpedia ‘Oregon Measure 110, Drug Decriminalization and Addiction Treatment Initiative (2020)’
* The Oregonian article by Lizzy Acker ‘Oregon becomes first state to legalize psychedelic mushrooms’
* The Oregonian article by Noelle Crombie ‘Oregon decriminalizes possession of street drugs, becoming first in nation’
* LexBlog letter from the editor by Dan Flynn: ‘Mushrooms, Marijuana, and Drugs’
* NBC Los Angeles article ‘You’ve Heard about Oregon Decriminalizing Psychedelic Drugs. Is California Next?’
Nov 16, 2020
Weed Ballots and the Constitution
Is it unconstitutional for the federal government to ban marijuana? In 2005, it wasn’t according to the U.S. Supreme Court in Gonzales v. Raich. But with more states legalizing marijuana in the 2020 election, does that same analysis apply? Professor Douglas Berman from The Ohio State University Moritz College of Law breaks it down.
Sources:
* Professor Douglas Berman’s blog article ‘After big (red) marijuana reforms, is it time for a Raich 2.0 challenge to federal marijuana prohibition?’
* Professor Douglas Berman’s blog article Marijuana and other drug reforms have a big night across the nation
* 5th Amendment from the Legal Information institute at Cornell Law School
* 8th Amendment from the Legal Information institute at Cornell Law School
* 9th Amendment from the Legal Information institute at Cornell Law School
* 10th Amendment from the Legal Information institute at Cornell Law School
Nov 13, 2020
Free Speech at Work?
Think you’re free to speak your mind at work? Before you give an oratory on sensible governance, tune in here. Grant Osborne from Ward and Smith explains free speech in the workplace and the 1st Amendment. {Spoiler}... Your level of free speech can depend on who you work for.
Sources:
* The National Law Review article by Justin Hill and Grant Osborne ‘Political Speech in the Workplace (and What - If Anything - To Do About It)’
* The First Amendment provided by the Legal Information Institute at Cornell Law School
Nov 11, 2020
CHAZ / CHOP Returns
The CHAZ/CHOP returns but this time it’s not the protests. Walter Olson from the CATO Institute gives us an update about the lawsuit filed by Seattle businesses against their city.
Sources:
* Legal Talk Today episode ‘Suing Seattle over CHAZ/CHOP’
* CATO article by Walter Olson ‘Judge: Seattle’s Aid to Protest Zone Might Have Been a Taking’
* The Volokh Conspiracy blog post by Ilya Somin ‘Rethinking the Seattle “CHOP” Takings Case’
* The Volokh Conspiracy blog post by Eugene Volokh ‘Property Owners’ Lawsuit Against Seattle Over Its Toleration of the “CHOP” Takeover Can Go Forward’
* The 5th Amendment on the Legal Information Institute provided by Cornell Law School
Nov 9, 2020
President Who?
Legally speaking, neither President Trump nor former Vice President Joe Biden can claim an election win. There appears to be many lawsuits on the horizon which could sway the course of this hotly contested election in one direction or the other. Luckily, Professor Edward Foley returns to give us a walkthrough on the possibilities.
Sources:
* Daily Caller article by Christian Datoc ‘Pennsylvania Judge Hands Trump a Win In Election Lawsuit - Campaign Will Be Able to Observe Ballot Counters from Six Feet Away’
* NBC News article ‘Recount laws in key state in the presidential race’
* Wikipedia article ‘United States Electoral College’
Nov 6, 2020
Section 230
Matthew Feeney from the CATO Institute is here to help explain the FCC’s review on Section 230 of the Communications Decency Act and what that means for social media.
Source:
* CATO Institute article by Michael Feeney ‘Accusations of Social Media “Election Interference” Put Online Speech at Risk’
* FCC Chairman Ajit Pai’s Statement
* FCC Commissioner Brendan Carr’s Statement
* Law Street article by Christina Tabacco ‘FCC Chairman Expresses Desire to Reform Section 230’
* Legal Talk Today Episode ‘Trump vs. Twitter (again)’
* New York Times article by Kevin Roose ‘Facebook and Twitter Dodgea 2016 Repeat, and Ignite a 2020 Firestorm’
* Reply Comments of Co-Authors of Section 230 of the Communications Act of 1934 by U.S. Representative Chris Cox and U.S. Senator Ron Wyden
* Section 230 of the Communications Decency Act
* Twitter’s Civic Integrity Policy
* Twitter’s Private Information Policy
Nov 4, 2020
Google Antitrust
Google is being sued for antitrust violations by the United States Department of Justice. But why and what does that mean for consumers? Author Maëlle Gavet joins us to break it all down.
Sources:
* ‘Trampled by Unicorns, Big Tech’s Empathy Problem and How to Fix It’ by Maëlle Gavet
* CNN article by Brian Fung ‘The US Government Sues Google for Alleged Anti Competitive Abuses in Search’
* Law Street article by Kirsten Errick ‘DOJ Files Antitrust Suit Against “Monopoly Gatekeeper” Google’
* The Antitrust Complaint from the U.S. District Court for the District of Columbia against Google
* Twitter Handles:
*
* Maëlle Gavet... @MaelleGavet
* Wiley... @WileyGlobal
Nov 2, 2020
Contested Elections: An American Tradition
Will we know who our President is on election night? Probably not, but this is not new for the United States. Tune in to hear our country’s history with contested elections, how we got through them, and possible avenues for the 2020 Presidential Election with Professor Edward Foley from The Ohio State University Moritz College of Law.
Sources:
* Smithsonian Magazine article by Robert Speel ‘Four Times the Results of a Presidential Election Were Contested’
* Time article by Olivia B. Waxman ‘Not Every U.S. Presidential Race Has Been Decided on Election Day. Here’s What to Know About America’s History of Contested Elections’
* Wikipedia article ‘1876 United States Presidential Election’
Oct 30, 2020
The Nuclear Football (Part 2)
In this part two of our conversation about America’s nuclear defense with Professor Alex Wellerstein, we discuss what the nuclear football is, who carries it, and what it does. In addition, we delve into commencing a nuclear strike, comparative policies, and legislative attempts to officially add people to the decision making process.
Sources:
* U.S. Department of Defense article by C. Todd Lopez ‘4 Things to Know About the U.S. Nuclear Deterrence Strategy’
* Nuke Map by Alex Wellerstein
* Reason article by Sam Rutzick ‘COVID-19 Demonstrates the Need to Change Nuclear Weapon Launch Authority’
* Restricted Data The Nuclear Secrecy Blog article by Alex Wellerstein ‘The President and the Bomb’
* Union of Concerned Scientists issue brief ‘Whose Finger is on the Button’
* Wikipedia article ‘Atomic bombings of Hiroshima and Nagasaki’
* Wikipedia article ‘Nuclear Weapon’
* Wikipedia article ‘Strategic Air Command’
* Wikipedia article ‘Surren…
Oct 28, 2020
The Nuclear Football (Part 1)
Who has the authority to launch America’s nuclear weapons? It might surprise you that it’s not the military. Professor Alex Wellerstein of Restricted Data the Nuclear Secrecy Blog explains how and why that decision resides with one person... The President.
Sources:
* U.S. Department of Defense article by C. Todd Lopez ‘4 Things to Know About the U.S. Nuclear Deterrence Strategy’
* Nuke Map by Alex Wellerstein
* Reason article by Sam Rutzick ‘COVID-19 Demonstrates the Need to Change Nuclear Weapon Launch Authority’
* Restricted Data The Nuclear Secrecy Blog article by Alex Wellerstein ‘The President and the Bomb’
* Union of Concerned Scientists issue brief ‘Whose Finger is on the Button’
* Wikipedia article ‘Atomic bombings of Hiroshima and Nagasaki’
* Wikipedia article ‘Nuclear Weapon’
* Wikipedia article ‘Strategic Air Command’
* Wikipedia article ‘Surrender of Japan’
Oct 26, 2020
Windy City Rehab: When Reality TV Implodes
When reality TV implodes, who’s left to clean up the mess (especially if there are real customers)? Toni Long from The Long Law Group lawyer-splains.
Sources:
* Chicago Suntimes article by Stephanie Zimmerman ‘Windy City Rehab sued again for fraud, this time over $1.3M home dubbed House of Horrors on HGTV show’
* Chicago Suntimes article by Stephanie Zimmerman ‘Windy City Rehab developers could be shut down after city moves to yank license, stop new permits’
* Deadline article Bruce Haring ‘Windy City Rehab Ends Season, But Legal Troubles Linger for HGTV Series’
* People article by ‘Windy City Rehab Premiere Reveals HGTV Stars Fell Out over Shady Finances’
* People article by Mackenzie Schmidt ‘Alison Victoria Claims Windy City Rehab Co-Star Skipped 20+ Home Inspections’
* People article ‘Windy City Rehab’s Alison Victoria Breaks Down Over Lawsuits from Clients: Cost Me Everything’
* People article by Maria Pasquini ‘Windy City Rehab’s Al…
Oct 23, 2020
Home Improvement? Get Your Permits!
Many people did home improvements during the pandemic but did they follow building codes and get the proper permits? If not, they may have difficulty selling their home. If you’re one of those people, don’t worry... Linda Pieczynski (aka the Code Attorney) is here to walk us through it.
Sources:
* People Magazine article Windy City Rehab’s Alison Victoria Breaks Down Over Lawsuits from Clients: ‘Cost me Everything’
* Tampa Bay Times article by Elizabeth Renter ‘6 Ways to Avoid Costly Home Renovation Mistakes’
* Investopedia article by Tim Parker ‘Home Improvements That Require Permits’
Oct 21, 2020
Governor Newsom’s Car Ban
Kassie Siegel from the Center for Biological Diversity’s Climate Law Institute explains Governor Newsom’s executive order to ban the sale of gas-powered cars in California by the year 2035.
Source:
* Car and Driver article ‘How Much is an Electric Car’
* Cal Matters article by Rachel Becker ‘Newsom orders ban of new gas-powered cars by 2035’
* Governor Gavin Newsom’s Executive Order N-79-20
* MIT Technology Review article by James Temple ‘California looks to eliminate gas guzzlers-but legal hurdles abound’
Oct 19, 2020
California Expands Paid Family Leave for Small Business
Governor Newson signed Senate Bill 1383 which features expanded coverage for Paid Family Leave. Who now qualifies and how is it funded? Jenna Gerry from Legal Aid at Work explains it all.
Sources:
* Los Angeles Times article by Melodie Gutierrez ‘Millions of Californians would be eligible for job-protected leave under plan approved by lawmakers’
* businesswire press release by Alex DeCaprio and Oscar Ramirez ‘Governor Newsom Signs SB 1383 (Jackson) to Provide Job-Protected Paid Family Leave to More California Workers’
* JacksonLewis article by Susan Groff and Jennifer Grock ‘New California Law Significantly Expands Employee Entitlement to Family and Medical Leave’
* Senate Bill 1383 ‘Unlawful employment practice: California Family Rights Act’
Oct 16, 2020
President Trump’s Deferral on Payroll Taxes
Angelique Neal and Maureen Rouse-Ayoub from Varnum explain President Trump’s executive memo for Deferral on Payroll Taxes. What does it mean for employers and employees?
Sources:
* National Review article by Angelique Neal and Maureen Rouse-Ayoub ‘IRS Issues Guidance on Deferral of Certain Employee Payroll Taxes’
* IRS Notice 2020-65
Oct 14, 2020
Banning TikTok and WeChat
Every day brings us closer to the removal of TikTok and WeChat. Or so we think? What does this mean and should we care? George Grammas from Squire Patton Boggs tells us all about it.
Thank you to our sponsor ClioCloudConference.com.
Sources:
* National Law Review article by George Grammas ‘US Accessibility to WeChat and TikTok in Danger of Being Eliminated’
* The Guardian article by Kari Paul ‘Trump’s bid to ban TikTok and WeChat: where are we now?’
* President Trump’s Executive Order 13942
* President Trump’s Executive Order 13943
Oct 12, 2020
Pennsylvania’s UnConstitutional Shutdown Order
Professor Eugene Volokh from the UCLA, School of Law and the Volokh Conspiracy blog joins us to talk about Pennsylvania’s COVID-19 shutdown order and its violation against free speech.
Thank you to our sponsor ClioCloudConference.com.
Sources:
* Professor Eugene Volokh’s blog article ‘Federal Court Holds Pennsylvania’s Shutdown Order Unconstitutional: Ban on Public Gatherings’
* County of Butler v. Wolf
* Subscript Law article by Mariam Morshedi ‘Levels of Scrutiny’
* Harvard Law Review essay by Lindsay F. Wiley and Stephen I. Vladeck ‘Coronavirus, Civil Liberties, and the Courts: The Case Against “Suspending” Judicial Review’
Oct 9, 2020
Nominations, Politics, & Contention: a Historical Look at our Supreme Court
With the upcoming confirmation hearing of Judge Amy Coney Barrett to the Supreme Court, many are reminded of how unpleasant the nomination process was with Justice Brett Kavanaugh. But, has it always been this contentious? Ilya Shapiro of the CATO Institute and author of ‘Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court’ walks us through the history of the Supreme Court.
Thank you to our sponsor ClioCloudConference.com.
Sources:
* ‘Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court’ by Ilya Shapiro
Oct 7, 2020
Ohio’s COVID-19 Liability Shield
Faith Whittaker and Hayley Geiler from Dinsmore and Shohl join us to discuss Ohio’s liability shield for COVID-19 and how they’re planning to give air-cover to businesses and individuals for reopening.
Thank you to our sponsor ClioCloudConference.com.
Sources:
* National Law Review article by Hayley Geiler and Faith Whittaker ‘Ohio Passes Law Providing COVID-19 Liability Shield for Individuals, Businesses, and Health Care Providers’
Oct 5, 2020
A Conversation about Policing (Part 2)
In this part two, we continue our conversation with former police officer Randy Petersen from the Texas Public Policy Foundation. We pick up where we left off talking about body cameras, what they leave out, and how that plays into the public perspective regarding police use of force. Stay tuned to hear about the importance of not resisting arrest and the impact of the “Ferguson Effect” on an officer’s ability to do their duty.
Oct 2, 2020
A Conversation about Policing (Part 1)
In this part one of two episodes, former police officer Randy Petersen from the Texas Public Policy Foundation joins us to discuss issues like resisting arrest, use of force, training for officers, and implications for defunding the police. Stay tuned to hear what goes through an officer’s mind and the factors they consider while making an arrest and hear the rest of the conversation on Monday in part 2.
Sep 30, 2020
FAA Approval for Amazon’s Aerial Delivery Drones
The Federal Aviation Agency issued a Part 135 Air Carrier Certificate to Amazon’s fleet of Prime drones. So what does that mean for the future of aerial deliveries? Drone Law lawyer Jonathan Rupprecht explains it all.
Sources:
* Blog Article by Jonathan Rupprecht ‘The Truth about Drone Delivery No One is Talking About’
* Law Street article by Christina Tabacco ‘Amazon Wins FAA Approval for Delivery Drone Use’
* New York Times article by Concepcion de Leon ‘Drone Delivery? Amazon Moves Closer with FAA Approval’
* HG.org Legal Resources article ‘Drone Delivery Legal Issues’
* Amazon Video on its new Prime Drone
Sep 28, 2020
Age Discrimination in COVID-19
Sean Andrade from Andrade Gonzalez law firm joins us to talk about age discrimination and the legal issues that come from it during this pandemic.
Sources:
* ABA Journal article by Harris Meyer ‘A Flood of Age Discrimination Lawsuits is Expected from COVID-19 and the Economic Downturn’
Sep 25, 2020
Poll Worker Esq.
ABA President Patricia Refo joins us to explain the ABA’s new initiative to gather lawyer volunteers to help keep our in-person polling locations open during the upcoming election.
Sources:
* American Bar Association article ‘ABA Joins NASS and NASED to Mobilize Lawyers as Poll Workers for Election Day’
* American Bar Association video ‘Poll Worker, Esq’
* NASS (National Association of Secretaries of State) article ‘Can I Vote’
Sep 23, 2020
Keep Nine Amendment
Roman Buhler from “Keep Nine” explains their proposed Constitutional Amendment to keep the number of Justices on the U.S. Supreme Court to nine. Tune in to hear why they have bipartisan support as well as the history of the Supreme Court’s number of Justices over time.
Sep 21, 2020
What Ruth Bader Ginsburg Meant to Us
In this non-political tribute to Justice Ruth Bader Ginsburg, 10 women leaders share how the late Supreme Court Justice inspired them in their legal careers.
Participants:
Trish Refo (ABA President)
Marcia Clark (Author, Podcaster, and Criminal Attorney)
Michelle Suskauer (former Florida Bar President)
Liz McCausland (Florida Attorney)
Lee Rawles (Web Editor at ABA Journal)
Stephanie Francis Ward (Senior Writer at ABA Journal)
Kathryn Rubino (Above the Law Podcaster and Writer)
Sonia Russo (Assistant Attorney General at Colorado Department of Law)
Meghan Steenburgh (Host of ABA Law Student Division Podcast)
Sharon Nelson (Host of Digital Detectives Podcast)
Sep 18, 2020
Making Outdoors Great Again!
Amy Lindholm from the Appalachian Mountain Club joins us to discuss the Great American Outdoors Act, a bipartisan bill passed to improve our parks nationwide.
Sources:
* Press Release about Great American Outdoors Act
* Land and Water Conservation Fund
Sep 16, 2020
Why are Bankruptcies so low during COVID-19?
Legal Analyst Teadra Pugh of Bloomberg Law tells us why there’s an artificially low number of bankruptcy filings around the country. Stay tuned for her predictions on where we’ll be as we crawl out of COVID-19 shutdowns.
Sources:
* Bloomberg Law article by Teadra Pugh ‘ANALYSIS: Consumer Bankruptcy Filings are Low. Too Low’
Sep 14, 2020
Flood Gates: The Nothing Burger Case to Rock Insurance Companies?
Hear the tale of a seemingly “nothing burger” case that could potentially send shockwaves of litigation against insurance companies even before it gets to trial. Paul White from Wilson Elser explains the impact of a pre-trial motion that may or may not open a floodgate of new cases filed against insurance companies during COVID-19.
Sources:
* Wilson Elser article by Siobhan A. Breen and Paul S. White ‘Missouri Court Denies Insurer Motion to Dismiss, Finding Insured Plausibly Pled COVID-19 Claims within Terms of Commercial Property Policy’
* ABA Section of Litigation article by David J. Marmins and Rebecca Lunceford Kolb ‘Big Win for Business Interruption Policyholders as Courts Start Issuing COVID-19 Decisions’
* Thomson Reuters article Tackling the most important topics of law school: Rule12(b)(6)’s “Failure to state of claim
* The Hartford Insurance website ‘Types of Business Insurance’
Sep 11, 2020
Voter Fraud and Vulnerabilities of Mail-In Ballots
Ilya Shapiro from the CATO Institute provides insights on the integrity of our voting system as well as points out vulnerability with mail-in voting for the 2020 election.
Sources:
* CATO article by Ilya Shapiro ‘Election Regulation During the COVID-19 Pandemic’
* Heritage Foundation article ‘A Sampling of Recent Election Fraud Cases from Across the United States’
Sep 9, 2020
No Vacation for You!
Can the boss restrict your vacation travel during COVID-19? Patrick Peters and James Verdi from Jackson Lewis explain why and how employers might limit where their employees vacation to address potential liabilities from Coronavirus in the workplace. Tune in to hear all about it.
Sources:
* National Law Review article by Patrick Peters and James Verdi ‘Vacation Hot Spots: Managing Employee Travel During a Pandemic’
Sep 7, 2020
Leggo My Burrito
A securities lawsuit filed against Chipotle has taken place and representing them is attorney Andrew Clubok from Latham & Watkins, who walks us through the latest with that case.
Sources:
* US Court of Appeals for the Second Circuit decision in Ong v. Chipotle
* Law Street article by Kevin Boyle ‘2nd Circuit Affirms Dismissal of Fraud Case Against Chipotle’
* Chipotle Wikipedia Page
Sep 4, 2020
Contact Tracing for COVID-19 vs. data privacy
Contact tracing programs are designed to track potential infections by letting people know that they’ve been in close proximity to someone who’s tested positive for a disease. Hayley Tsukayama from the Electronic Frontier Foundation joins us to breakdown the contact tracing programs for COVID-19 and what we should be concerned about.
Sources:
* Press release from Electronic Frontier Foundation... ‘EFF Calls on California Gov. Newsom to Mandate Data Privacy Protections for Californians who Participate in COVID-19 Contact Tracing Programs’
* 2020-08 Coalition Letter to Governor/Legislature on Contact Tracing and Privacy
* California Connected website link
* @HTsuka
Sep 2, 2020
Mail-In Voting: Making Sure Your Ballot Counts!
Are you registered to vote? Joseph Marrone from the Marrone Law firm joins the show to talk about the basic requirements of mail-in voting, the dos and don’ts, and his recommendations to make sure your ballot counts.
Sources:
* ‘Legality of Mail-In Voting for the 2020 Election’ by Joseph Marrone
* ‘Election Administration and Voting Survey, 2018 Comprehensive Report, A Report to the 116th Congress’
Aug 31, 2020
Heist at the Carnegie (Part 2)
In this exciting two part “Who-Done-It” true crime series, our guest Travis McDade, author and writer for the Smithsonian Magazine continues down memory lane of the heist at the Carnegie Library, discussing the mechanics of the caper, and later reveals the thief.
Sources:
* Smithsonian Magazine article by Travis McDade ‘The Inside Story of the $Million Heist from the Carnegie Library’
* Twitter @BookTheftGuy
Aug 28, 2020
Heist at the Carnegie (Part 1)
In this true crime series, we take a look at an eight million dollar caper that took 25 years to complete at the Carnegie Library in Pittsburg, Pennsylvania. Many of the stolen artifacts dating back 500 years were never recovered. Travis McDade, author and writer for the Smithsonian Magazine joins us in this exciting two part “Who-Done-It”.
Sources:
* Smithsonian Magazine article by Travis McDade ‘The Inside Story of the $Million Heist from the Carnegie Library’
* Twitter @BookTheftGuy
Aug 26, 2020
Suing Governor Whitmer!
Another day, another governor being sued to limit their emergency powers. Erik Kiilunen, leader of the ‘All Business is Essential’ campaign passionately discusses damage caused by shutdowns and his desire to reopen Michigan.
Sources:
* Detroit Free Press article by Paul Egan ‘Michigan Court of Appeals backs Whitmer on use of emergency power’
*
* Paul Egan’s Twitter... @paulegan4
* Detroit Free Press article by Paul Egan ‘Federal judge seeks to clarify Gov. Gretchen Whitmer’s coronavirus emergency powers’
* Detroit Free Press article by JC Reindl ‘Judge Tosses Legislature’s lawsuit over Gov. Whitmer’s emergency powers’
* The Tennessee Start article ‘Business Leader Erik Kiilunen is Fighting to Reopen Michigan’
* TV 6 (Upper Michigan’s Source) article by ‘All Business is Essential founder plans Fourth of July Event’
* Governor Whitner’s Executive Order 2020-42
* Go Fund Me Page ‘All Business is Essential’
Aug 24, 2020
The Hidden Cost of Licensing
Why does it take so much longer to become a licensed painter than an EMT? Senior Fellow from the CATO Institute Michael Tanner discusses the hidden costs of occupational licenses including jobs lost and higher prices for consumers. Stay tuned to hear his policy recommendations and conclusions about public safety.
Thank you to our sponsor NBI.
Sources:
* CATO article by Michael Tanner and Kelly Lester ‘Occupational Licensing Reform Moves Forward’
* US Bureau of Labor Statistics - ‘The Employment Situation July 2020’
* Institute for Justice - ‘At What Cost’ video
* Mercatus Center article by Patrick McLaughlin, Matthew D. Mitchell, and Anne Philpot ‘The Effects of Occupational Licensure on Competition, Consumers, and the Workforce’
Aug 21, 2020
Britney Spears Conservatorship
Cori Robinson, columnist for Above the Law joins us to talk about the Conservatorship of Britney Spears, what we can learn from it, and predictions for #FreeBritney.
Thank you to our sponsor NBI.
Aug 19, 2020
Paying College Athletes?!?!
Sports lawyer and Above the Law columnist Darren Heitner breaks down Congress’ National College Athletes Bill of Rights which would allow university athletes to make money from playing sports at their schools.
Thank you to our sponsor NBI.
Sources:
* Above the Law article by Darren Heitner ‘National College Athletes Bill of Rights is Fine in Theory, But not Practical’
* USA Today article by Steve Berkowitz ‘Florida Governor signs bill on college athletes’ name, image and likeness’
* AthleticScholarships.net article ‘Am I too old to play college sports?’
Aug 17, 2020
Artificial Intelligence Crimes
Our good friend and host of Digital Detectives and the Digital Edge, Sharon Nelson from Sensei Enterprises joins the show to talk about some AI-enabled crimes such as deepfakes, fake news, driverless vehicles, and more.
Thank you to our sponsor NBI.
Sources:
* ZDNet article by Daphne Leprince-Ringuet ‘Evil AI: THese are the 20 most dangerous crimes that artificial intelligence will create
* Article from the University College London by ‘Deepfakes ranked as most serious AI crime threat’
* Kennedy-Mighell Report podcast episode ‘Deep Fakes: Preparing Lawyers to Combat Counterfeits’
Aug 14, 2020
Doxxed and Cancelled (Part Two)
In the second part of this two part episode, our conversation with Simon Tam continues, where we addressed the importance of free speech, how to disagree in a constructive way, and what to do if you've been attacked by Cancel Culture.
Thank you to our sponsor NBI.
Aug 12, 2020
Doxxed and Cancelled (Part One)
Simon Tam of The Slants shares his experience with cancel culture, being doxxed and online harassment. In this episode, we get into Simon’s personal experiences with online trolls and others who sought to silence his voice through threats and calls for his dismissal as well as why individuals would ever engage in such harmful activity against other people.
Thank you to our sponsor NBI.
Sources:
* ABA Modern Law Library ‘Founder of The Slants talks about the band’s free-speech fight’ (guest Simon Tam)
* Make No Law ‘Disparagement, Contempt, and Disrepute’ (guest Simon Tam)
* Simon Tam’s Website
Aug 10, 2020
Top 12 Practice Management Posts of 2020
Attorney at Work editor-in-chief Joan Feldman walks listeners through her article, ‘Hot Topics: Top 12 Law Practice Management Posts of 2020 (So Far)’ and what each of them mean. Tune in to hear how these articles could help your legal practice.
Thank you to our sponsor NBI.
Sources:
* Attorney at Work article ‘Hot Topics: Top 12 Law Practice Management Posts of 2020 (So Far)’
* Attorney at Work article ‘Getting Started with Zoom - and Using It Securely: Some Advice’
* Attorney at Work article ‘The Long Nine: Essential Software for the Modern Law Practice’
* Attorney at Work article ‘COVID-19 Impacts for Solo and Small Firm Lawyers: Beyond Remote Work’
* Attorney at Work article ‘Can You Relocate Without Taking a New Bar Exam’
* Attorney at Work article ‘17 Things I Wish I Knew as a First-Year Associate’
Aug 7, 2020
7 Keys to Navigating a Crisis
Dr. Elia Gourgouris, president of The Happiness Center and author of the #1 best-selling Amazon book, 7 Paths to Lasting Happiness, which has been translated into Mandarin, Cantonese and Greek, walks us through dealing with disasters and crises.
Thank you to our sponsor NBI.
Sources:
* Dr. Gourgouris’ Website
* Dr. Gourgouris’ Book at Amazon
Aug 5, 2020
Fun with Forms of Address!
Laurence wants to invite Beyonce, the Commodore of the Yacht Club, and the Duke of Earl to attend his fancy party but does not know how. Good thing Robert Hickey (Deputy Director of the Protocol School of Washington) stops by to give pointers on proper forms of address.
Thank you to our sponsor NBI.
Sources:
* The Protocol School of Washington - Website
* The Protocol School of Washington - Forms of Address
* ‘Honor & Respect Honor & Respect: The Official Guide to Name, Titles and Forms of Address’ by Robert Hickey (on Amazon)
Aug 3, 2020
Big Tech Antitrust Hearings
William Rinehart, senior fellow at the Center for Growth and Opportunity at Utah State University breaks down the origins of the underlying antitrust investigation against big tech companies and what they could potentially mean.
Thank you to our sponsor NBI.
Sources:
* CNBC article by Lauren Feiner ‘Tech CEO hearing will probably be postponed, sources say’
* New York Times article by David McCabe ‘Four Top Tech CEOs Will Testify in Antitrust Inquiry, Panel Says’
* Fox News live blog by Adam Shaw ‘TECH CEOs testify to Congress at antitrust hearing: live updates’
Jul 31, 2020
Cancel Culture vs. Free Speech
Parler’s chief policy officer Amy Peikoff joins the show to discuss her take on Cancel Culture, the value of free speech, and its importance to our republic.
Thank you to our sponsor NBI.
Sources:
* Harper’s Magazine article ‘A Letter on Justice and Open Debate’
* Fox News article ‘Alternative social media Parler added 1m users in a week, still not profitable: CEO’
* Previous Episode with Ken White ‘Trump vs. Twitter (again)’
* Des Moines Register article ‘Julian Castro defends his twin brother, U.S. Rep. Joaquin Castro, after publishing of Trump donor list’
* Cornell Law School Legal Information Institute: 47 U.S. Code §230. Protection for Private Blocking and Screening of Offensive Material
Jul 29, 2020
Little Sisters of the Poor
Lori Windham, senior counsel at Becket, breaks down the latest SCOTUS decision in ‘Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania ET AL’ and the impact that will have on their 1st Amendment rights.
Thank you to our sponsor NBI.
Sources:
* Supreme Court Decision ‘Little Sisters of the Poor Saints Peter and Paul Hom v. Pennsylvania ET AL’
* Little Sisters of the Poor ‘website’
* Becket website pages about ‘Little Sisters of the Poor’
* Wikipedia article about ‘Little Sisters of the Poor’
* Wikipedia article about the ‘Patient Protection and Affordable Care Act’
* Wikipedia article about the ‘American Civil War’
Jul 27, 2020
The End of Washington’s LLLT Program
Fellow host of our ABA Journal Legal Rebels Podcast Lyle Moran joins the show to discuss why the Washington Supreme Court is ending its Limited License Legal Technician (LLLT) program and what options remain for the LLLT Board.
Thank you to our sponsor NBI.
Sources:
* LLLT Program Starts: Order of The Supreme Court of Washington
* ABA Journal Article by Lyle Moran ‘How the Washington Supreme Court’s LLLT program met its demise’
* ABA Journal article by Bob Ambrogi ‘Washington state moves around UPL, using legal technicians to help close justice gap’
* ABA Journal article by Lyle Moran ‘Washington Supreme Court sunsets limited license program for nonlawyers’
Jul 24, 2020
Suing Fido: Allergies vs. Emotional Support Animal
Attorney Christopher Warnock discusses his recent case before the Iowa Supreme Court about accommodations in a residential rental situation: a strict no-pet policy vs emotional support animals.
Thank you to our sponsor NBI.
Sources:
* COVID-19 Updates for North Carolina Bar Exam
* ABA Journal article by Stephanie Francis Ward ‘Some states are devoted to in-person July bar exams, despite health risks from COVID-19’
* Notice from Board of Law Examiners of the State of North Carolina ‘Notice to Applicants Regarding COVID-19 Requirements, Protective Measures, and Assumption of Risk for July 2020 North Carolina Bar Examination’
Jul 22, 2020
North Carolina’s In-Person Bar Exam
North Carolina holds its July Bar Exam in person and Kimberly Herrick of the North Carolina Board of Bar Examiners gives us all the details.
Thank you to our sponsor NBI.
Sources:
* COVID-19 Updates for North Carolina Bar Exam
* ABA Journal article by Stephanie Francis Ward ‘Some states are devoted to in-person July bar exams, despite health risks from COVID-19’
* Notice from Board of Law Examiners of the State of North Carolina ‘Notice to Applicants Regarding COVID-19 Requirements, Protective Measures, and Assumption of Risk for July 2020 North Carolina Bar Examination’
Jul 20, 2020
Suing Governor DeSantis
Governor DeSantis is being sued by bar owners trying to save their businesses in a second shutdown due to Florida’s spike in COVID-19 cases. Their lawyer John W. Dill explains what’s going on.
Thank you to our sponsor NBI.
Sources:
* Press Release by Cision
* John Dill’s law firm Website
* WFTV 9 article by James Tutten and Karen Parks ‘Orlando bar owners file lawsuit against DeSantis, Florida over coronavirus restrictions’
* Fox 35 article by Holly Bristow ‘9 Orlando bars are suing the state, call the shutdown unconstitutional’
* Orlando Sentinel article by Ryan Gillespie ‘Orlando bar owners sue Gov. Ron DeSantis over forced closures’
* WESH 2 article ‘Six Orlando bars file lawsuit, want closures called unconstitutional’
* New York Post article by Hannah Sparks ‘More than half of US restaurant closures are permanent due to Coronavirus: study’
* John W. Dill’s Facebook
Jul 17, 2020
The Law School Experience for Women of Color
Veronica Stidvent, executive director at Center for Women in Law and Fiona Hornblower, president and CEO of the NALP Foundation for Law Career Research and Education tell us about their new study that highlights the law school experience for women of color and some negative effects it had on faculty and students.
Thank you to our sponsor NBI.
Sources:
* Law.com article by Karen Sloan ‘Study Finds Minority Women Less Satisfied in Law School’
* Women of Color A Study of Law School Experiences by NALP Foundation for Law Career Research and Education and The Center for Women in Law
Jul 15, 2020
Suing Seattle over CHAZ/CHOP
Hear the latest about the class action lawsuit against Seattle over the CHAZ/CHOP occupation and how that impacted residents and businesses owners in the area with violent crime, loss of business, and harassment. The Plaintiffs’ attorneys Patty Eakes and Angelo Calfo explain their case against the city.
Thank you to our sponsor NBI.
Sources:
* Reason article by Christian Britschgi ‘Seattle Autonomous Zone Sparks Class Action Lawsuit from Local Businesses’
* Complaint against City of Seattle
Jul 13, 2020
Defunding the Police: What Does that Mean?
What are the implications of defunding, reallocating funds for, or scaling back police enforcement? And what does that mean for communities who need policing the most? Tanya Acker from HotBench shares her thoughts.
Thank you to our sponsor NBI.
Sources:
* Black Lives Matter Website #Defund the Police Petition (May 30th)
* Black Lives Matter Tweet about Defuncing the Police
* Wikipedia article about ‘Defund the Police’
* Judge Tonya Acker’s bio on Hotbench website
* Temporary Judge Program in the Superior Court of California
* Wikipedia article about Killing of Rayshard Brooks
* Wikipedia article about the Ferguson Effect
Jul 10, 2020
The Appellate Project
Juvaria Khan, founder of The Appellate Project, explains why she left her practice to start this organization and its mission to bring greater diversity to our appeals courts.
Thank you to our sponsor NBI.
Sources:
* Law.com article by Tony Mauro 'Appellate Project Aims to Boost Diversity in Specialized Bar’
* The Appellate Project Website