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Stanford Legal (Stanford Law School)

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Pub. DateTitleDuration
20 Jul 2020At the Breaking Point: Criminal Justice During Covid-19 with Robert Weisberg00:28:05
As Covid-19 resurges across the country, it is hitting prisons hard and courts are more backed up than ever. Is the American criminal justice system, already stressed, now at a breaking point? Join Stanford criminal justice expert Robert Weisberg for a discussion of prisons, the courts, and criminal justice during a pandemic.
23 Jan 2025Criminal Justice in Divided America: Can Democracy Survive a Broken Justice System?00:30:57

Criminal law expert and Stanford Law Professor David Sklansky joins Pam Karlan to discuss his book Criminal Justice in Divided America: Police, Punishment, and the Future of Our Democracy, published in January. In this episode, they explore what he sees as the failures of America’s criminal justice system—from overly harsh sentences and prosecutorial abuses to the under-utilization of the jury system—that don’t just harm individuals, but erode the very foundations of democratic governance. They also examine the rise and fall of community policing, the role of mental health in police encounters, and the impact of jury service on civic engagement, offering insights into how criminal justice shapes political and social landscapes while proposing steps toward reform.

Sklansky, a former federal prosecutor, teaches and writes about policing, prosecution, criminal law and the law of evidence at Stanford Law, where he is also the faculty co-director of the Stanford Criminal Justice Center.

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(00:00:00) Chapter 1: Criminal Justice and the Erosion of Democracy
Pam Karlan welcomes professor David Sklansky and explains the link between the crises of criminal justice and democracy, discussing how failures in criminal law and policy have undermined democratic values. The conversation touches on racial disparities, equal protection, and how the criminal justice system has contributed to public distrust in government institutions.

(00:05:15) Chapter 2: Policing and Polarization
Karlan and Sklansky delve into the historical role of policing in fueling political polarization, particularly during the rise of crime as a central political issue in the late 20th century. Sklansky highlights the impact of police abuse on public confidence, the Republican Party's pivot toward tough-on-crime policies, and how bipartisan approaches to policing briefly improved public trust.

(00:09:12) Chapter 3: The Rise and Fall of Community Policing
The discussion focuses on community policing as a promising reform effort that ultimately fell short. Sklansky critiques its limited engagement with younger residents and those affected by police violence. He explains how the movement's failure to address systemic issues, like excessive police violence, eroded its credibility and relevance in modern reform conversations.

(00:14:15) Chapter 4: Guns, Policing, and Mental Health Crises
The discussion explores the connection between America's lax gun laws and police killings, highlighting the role of training and the unique challenges posed by mental health crises. Sklansky addresses the need for better collaboration between police and other services while emphasizing the importance of proper training in de-escalation.

(00:19:00) Chapter 5: Small Police Departments and Training Challenges
Karlan and Sklansky examine the implications of having too many decentralized police departments in the U.S. They discuss issues like poor training, rehiring problematic officers, and the proliferation of SWAT teams. Sklansky offers insights on potential reforms and the influence of state and federal coordination in improving policing.

(00:21:32) Chapter 6: The Role of Juries in Democracy
Karlan and Sklansky delve into the jury system as a cornerstone of democracy, discussing its impact on civic engagement, cross-sectional representation, and public trust. They highlight the need for systemic changes to improve accessibility, fair cross-section representation, and community participation in jury duty.

05 Aug 2019The Fight For Women's Reproductive Rights with Jane Schacter00:28:01
Women’s reproductive rights are in the news again, but what exactly are these rights—and what guarantees are they granted under the U.S. Constitution? Constitutional law expert Professor Jane Schacter joins Stanford physicians Jenn Conti and Erica Cahill. Originally aired on SiriusXM on August 3, 2019. Recorded at Stanford Video.
22 Jan 2019Natural Disasters and Climate Change with Buzz Thompson00:28:19
To what extent is climate change to blame for recent natural disasters like California’s Camp Fire, and how will law and policy respond? Buzz Thompson, an expert in water and natural resources law, discusses in a live taping of the "Stanford Legal" podcast. For past episodes, visit: https://law.stanford.edu/stanford-legal-on-siriusxm/ Originally aired on SiriusXM on January 19, 2018. Recorded at Stanford Video.
28 Jul 2020Religious Liberty at the Supreme Court: Education Aid, Medical Coverage, and Employment Discrimination Protections00:28:06
The Supreme Court recently decided several important First Amendment cases—ones that asked big questions about the rights of religious intuitions to receive federal aid for education, to be held to federal employment discrimination protections, and to cover all employee medical expenses. Join constitutional law expert Michael McConnell for a discussion about religious liberty in the U.S. and these SCOTUS decisions.
30 May 2019Can Technology Help Address the Mental Health Crisis? with Joe Ruzek & Zach Harned00:28:00
Mental health care is going digital, with new apps designed to offer personalized intervention and instruction right when a client might need them. Can a robot be a good therapist? Who is liable when things go wrong? Joe Ruzek, a psychologist who specializes in web- and phone-based psychological interventions, Zach Harned, a third-year student at Stanford Law, and Alison Darcy, CEO and founder of Woebot, discuss in a live taping of the Stanford Legal podcast. Originally aired on SiriusXM on May 25, 2019.
13 Oct 2018Mental Health Challenges for Lawyers & Law Students w/ guest Kathryne Young00:27:22

Kathryne Young, assistant professor of sociology at Amherst and author of "How to Be (Sort Of) Happy in Law School,” joins Pam and Joe to discuss the mental health challenges of high-pressure careers like law and shares tips that law students and others can use to improve their mental well being in school, on the job, and in life.

28 Feb 2022The Closing of the American Mind? A Discussion about Critical Race Theory, Book Banning, and More00:27:26
Over 30 state legislatures across the country have introduced bills to limit the discussion of racial history in a wave prompted by the emergence of critical race theory as a subject of political fear-mongering. In this episode, Rich and Joe are joined by Professor Ralph Richard Banks, an expert in race and law, for a discussion about the politicization of critical race theory, book banning, and more
20 Jan 2020The Trump Impeachment with guest David Sklansky00:28:04
In December, the U.S. House of Representatives passed articles of impeachment against the president focusing on abuse of power and obstruction of Congress. Only three U.S. presidents have been formally impeached by the House, including Andrew Johnson, Bill Clinton and now Donald Trump. So far, not one has been removed from office. In this episode, we are joined by former prosecutor and Stanford Law Professor David Sklansky to look at impeachment through the lens of the prosecutor. Did the House make a good case? What are the legal procedural questions?
21 Jun 2021Democracy in Crisis?: The Aftermath of Election 2020, Trump, Facebook’s Oversight Board, and the Rollback of Election Laws00:28:04
The 2020 Election continues to have an unprecedented impact on the country, the “big lie” about fraud spread by some media outlets and used by at least 14 states as justification to undo key election laws. Yet since Trump was banned from popular social media platforms, his voice is less prevalent in mainstream America. In this episode, we hear from election law expert Nate Persily about Facebook’s oversight board and its decision to continue the ban on Trump for another two years. Nate also discusses efforts by state legislators to curtail voting laws and why he is sounding the alarm bells for a threatened American democracy.
14 Mar 2024Bill Gould on Dartmouth Basketball and the Changing Game of Unions and College Athletics00:33:16

Pam Karlan and labor law expert and former NLRB chair William Gould IV explore the quickly changing arena of college athletics including the push for student-athlete unionization, the debate over compensation, and other issues at the intersection of sports and academia. From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, they discuss the complex issues shaping the law and the future of collegiate sports.

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(00:00:00) Chapter 1: Introduction to the Intersection of Sports and Labor Law

  • Pam Karlan introduces the topic of sports law and labor law, highlighting the recent developments in the field and the significance of the intersection between the two areas. Bill and Pam look at an overview of the Dartmouth College men's basketball team unionization case and its implications for the traditional understanding of student-athlete status.

(00:02:03) Chapter 2: The Evolving Definition of Student-Athlete

  • William B. Gould IV delves into the historical context of the student-athlete designation, tracing its origins and evolution over time. He discusses the complexities of defining student-athletes within the framework of labor law and examines the factors that have contributed to the recent challenges to this classification.

(00:06:49) Chapter 3: Labor Law Considerations in Collegiate Athletics

  • Gould explores the key principles of labor law as they apply to collegiate athletics, emphasizing the factors that determine employee status and the obligations of universities as employers. The chapter addresses issues such as control over athletes, compensation, and the role of collective bargaining in shaping the future of collegiate sports.

(00:10:00) Chapter 4: Implications for Intercollegiate Sports

  • Karlan and Gould discuss the broader implications of the Dartmouth case and similar unionization efforts for intercollegiate sports as a whole. They examine the challenges posed by conference realignment, Title IX considerations, and the evolving landscape of athlete compensation, including name, image, and likeness rights.

(00:14:23) Chapter 5: Legal and Policy Perspectives

  • The conversation shifts to a discussion of the legal and policy considerations surrounding student-athlete rights and the role of the courts in shaping future outcomes. Gould offers insights into the potential impact of Supreme Court decisions and judicial attitudes towards higher education institutions and their treatment of athletes.

(00:21:08) Chapter 6: Looking Ahead

  • In the final chapter, Karlan and Gould reflect on the future of collegiate athletics in light of ongoing legal battles and shifting societal norms. They explore potential scenarios for reform and address lingering questions about the balance between academic and athletic pursuits, the role of unions in protecting athlete rights, and the broader implications for labor relations in the sports industry.
28 Mar 2025Trump’s Forced Deportations to El Salvador Prisons, Detentions, and Fear on College Campuses00:33:43

Do asylum seekers in the U.S. have rights? Can the U.S. government forcibly deport them to a prison in El Salvador without due process? What about green card holders attending college? Since taking office, President Trump has focused on legal and undocumented immigrants alike, from Venezuelan asylum seekers to visa and green card college students—invoking the Alien Enemies Act to deport some, and even defying court orders. In this episode, Stanford Law immigration law expert Jennifer Chacón joins Rich Ford for a discussion about these unprecedented actions while also addressing the broader implications for human rights and the U.S.'s role as a refuge for persecuted individuals—and the potential for America's diminished international reputation and influence in the world.

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(00:00:00) : Introduction of guest Jennifer Chacón and Unprecedented Actions

(00:09:00): Redefinition of Wartime Acts and Due Process

(00:17:56): Legal Frameworks and Immigration Detention

(00:18:36): Aggressive Tactics and Legal Boundaries

(00:31:55): Vision of the United States and Future Outlook

(00:32:54): Vigilance and Civic Engagement

08 Nov 2021Fake it Until You Make It? The Fall of Theranos and the Trial of Elizabeth Holmes00:27:49
It was the stuff of Silicon Valley dreams. Elizabeth Holmes dropped out of Stanford University to launch the blood testing disruptor Theranos and built it to a $9 billion valuation. But the tech adage “fake it until you make it” didn’t quite work for this medical device startup, and charges that the devices didn’t work mounted. Holmes and Ramesh Balwani, her onetime business and romantic partner, were indicted with 12 counts of wire fraud and conspiracy to commit wire fraud. In this episode, Stanford Law School Professor Robert Weisberg, a criminal law expert, discusses the trial, which began in September, the prosecution, the defense, and the larger implications of the case.
14 Feb 2022SF Board Supervisor Matt Haney on the Challenges of Crime and Homelessness in Big Cities00:27:42
Matt Haney, San Francisco Board Supervisor, joins Stanford Legal for a discussion about the challenges of homelessness and crime in cities, particularly since the start of the Covid pandemic.
15 Aug 2024How Lawyers Can Undermine Russian Sanctions and Ukraine War Effort00:27:37

The bedrock of the legal profession is a commitment to upholding the rule of law. Unfortunately, as Stanford Law researchers discover in the complex world of international sanctions, lawyers can often facilitate non-compliance and evasion.

It’s been two years since Russia's illegal invasion of Ukraine. And yet, businesses are still skirting sanctions imposed on Russia. As Erik Jensen, director of the Rule of Law Program at Stanford Law School, and law students Sarah Manney and Kyrylo Korol explore in this episode of Stanford Legal, lawyers could be playing a critical role in enabling Russian Oligarchs’ evasive maneuvers.

With hosts Rich Ford and Pam Karlan, the three guests explore the intricate relationship between legal practice and international sanctions, discussing insights from their research, the ethical responsibilities of lawyers, and potential solutions for safeguarding the rule of law.

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(00:00:00) Chapter 1: Introduction and Overview

Kyrylo Korol discusses the responsibility of lawyers to uphold democracy and the impact of their actions on the profession. Hosts Rich Ford and Pam Karlan introduce the topic of Russia's invasion of Ukraine and the international response.

(00:01:33) Chapter 2: Genesis of the Policy Lab

Erik Jensen explains the inception of the Policy Lab focusing on sanctions against Russia, including the motivation from an S-Term course and subsequent student enthusiasm.

(00:03:16) Chapter 3: Kyrylo Korol's Personal Motivation

Kyrylo Korol shares his dual perspective as a Ukrainian and American lawyer, emphasizing the need to keep the discussion on Russia's war against Ukraine alive and his personal drive to support Ukraine.

(00:05:32) Chapter 4: Focus of the Policy Lab

The team discusses the main areas of their research, including the role of Russian oligarchs in the war and the involvement of legal professionals in facilitating sanctions evasion.

(00:12:57) Chapter 5: Comparative Analysis and Legal Frameworks

The conversation shifts to the comparative study of how different countries regulate lawyers concerning sanctions and money laundering, and the ethical obligations of U.S. lawyers with Sarah Manney.

(00:21:25) Chapter 6: Challenges and Implications for the Legal Profession

The team delves into the implications of their findings for the legal profession, discussing the balance between upholding legal privileges and preventing abuse, and addressing systemic risks and de-risking issues.

19 Feb 2019Chinese State-Owned Enterprises with Curtis Milhaupt00:27:39
How has China managed to grow in the world economy? Comparative corporate governance expert Curtis Milhaupt discusses Chinese state-owned enterprises and their implications for the authoritarian nation's domestic economy and policy makers abroad during a live taping of the “Stanford Legal” podcast. For past episodes: https://stanford.io/2SqmNob
21 Dec 2023Texas Abortion Restrictions, Medicated Abortions, and Reproduction Rights in a Post-Roe US00:30:23

 In June, 2022 the U.S. Supreme Court delivered an historic and far reaching decision overturning Roe v. Wade and turning abortion law to the states. Less than two years on, we are seeing just how that decision is playing out as women navigate a divided country with a patchwork of reproductive rights.  The recent example of Kate Cox, a Dallas-area mother of two who sought to have a medical exemption from Texas’ strict abortion laws and was forced to leave the state to receive the care she needed when her request was denied, brought the consequences of the Court’s decision to the headlines. In this episode we hear from the show’s co-host Pam Karlan, an expert in reproductive law, about the Texas case and reproductive rights in the US after Roe was overturned.

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(00:00:00) Introduction

Rich Ford introduces the episode and highlights the significant changes in abortion laws over recent years. 

(00:01:08) Current Legal Context

Pam Karlan provides an overview of the legal landscape since the Dobbs case decision and summarizes the changes and confusion it has led to.

(00:05:00) Texas Abortion Controversy: Kate Cox Case

Focus on the case of Kate Cox, a woman in Texas seeking abortion due to fetal health complications. Analysis of the legal, political, and ethical implications of the verdict.

(00:10:02) Impact of Returning Abortion Laws to States

The misconception that returning abortion decisions to states would reduce controversy. Analysis of attempts to to restrict travel for abortion services.

(00:12:20) Legal Ramifications and Political Scenarios

Discussion on potential legal consequences for aiding abortion travel and comparisons with state laws regarding child-related travel. Contemplation of federal abortion bans utilizing the Commerce Clause and the potential scenarios for imposing such bans.

(00:14:48) Medical Abortions and Legal Challenges

Insights into the rise of medical abortions and the controversy surrounding the approval and distribution of drugs, and subsequent legal battles.

(00:20:20) State Politics, Abortion Laws & State Referendum Dynamics

Exploration of the shifting dynamics in state politics, including red states' stances on protecting abortion rights, and measures in California & Ohio.

(00:22:56) Shifting Political Narratives

Discussion on the evolving focus of the abortion debate, and examination of how abortion politics are playing out in national and state elections, influencing political strategies.

(00:24:59) Federal Legislation Prospects and Responsive Activism

The potential for federal legislation protecting or banning abortion rights & insights into citizen activism  both aiding and impeding abortion access. 

(00:28:18) Abortion in Unlikely Arenas

Examples showcasing how abortion politics infiltrate seemingly unrelated areas, affecting military promotions and governmental functionality. 

28 Apr 2019The Mueller Report and Indictments. What Have we Learned? with David Sklansky00:27:28
Professor David Sklansky, a former federal prosecutor, discusses what we know about the investigation, what we have learned from the report, and what may come next.
06 Nov 2023This Thursday: Stanford Legal Returns with Expert Insights on Trump Indictments from David Sklansky00:01:41

Join us this Thursday for the return of Stanford Legal, with a new episode featuring criminal law expert David Sklansky, who will break down some of the most serious charges against former president--and 2024 presidential hopeful-- Donald Trump. Sklansky, a former prosecutor and co-director of the Stanford Criminal Justice Center, lends his expertise to help us understand the complexities of these unprecedented legal proceedings. Be sure to subscribe for a front-row seat to this enlightening legal discourse.

Make sure you're following Stanford Legal, so you don't miss an episode!

Episode Transcripts >>> Stanford Legal Podcast Website

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19 Aug 2019An Immigration Update with Lucas Guttentag & Julia Neusner00:27:59
What is driving the challenges at America’s southern border, with a surge in the number of asylum-seekers waiting to file claims? And how is the law developing for illegal immigrants already here? Immigration law expert Lucas Guttentag joins Stanford Law student Julia Neusner to discuss the situation at the border and legal issues surrounding immigration. Originally aired on SiriusXM on August 17, 2019. Recorded at Stanford Video.
25 Apr 2022Environmental, Social, and Governance Funds with Paul Brest and Colleen Honigsberg00:27:43
Shareholders and investors alike are pressuring companies to improve their environmental, social, and governance performance. And an increasing number of funds are designated as ESG. But how do we measure—and verify—ESG? Who performs the audits and do the ratings matter? Join co-hosts Joe Bankman and Rich Ford for a discussion with Professors Paul Brest and Colleen Honigsberg, co-authors of the Measuring Corporate Virtue and Vice: Making ESG Metrics Trustworthy (book chapter of the recently published Frontiers in Social Innovation.
07 Nov 2024Crime, the Opioid Crisis, and Gun Violence: New Jersey Attorney General Matt Platkin on How Action at the State Level Is Making a Difference00:47:58

Matt Platkin, who was the youngest-ever AG in the country when he was appointed in 2022, discusses some of his public safety initiatives such as the ARRIVE Together program, which pairs mental health professionals with law enforcement to improve responses to mental health crises. Among other pressing issues facing New Jersey, Platkin also addresses his state's comprehensive approach to gun violence, which focuses on data-driven crime enforcement, community violence prevention, and legal accountability for firearm manufacturers.

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(00:00:00) Chapter 1: The Role and Challenges of State Attorneys General 

Show Notes: Host Rich Ford introduces Matt Platkin, Attorney General of New Jersey, and dives into the multifaceted role and responsibilities of state attorneys general, especially in enforcing public safety and overseeing large-scale law enforcement. Platkin shares insights on the expectations and hurdles faced by AGs, highlighting the critical role they play in protecting communities.

(00:03:42) Chapter 2: Innovative Crisis Intervention Programs 

The discussion shifts to the "ARRIVE Together" program, a pioneering mental health and law enforcement collaboration aimed at de-escalating crisis situations. Platkin explains how pairing officers with mental health professionals in crisis response has drastically reduced force incidents and arrests in New Jersey. He also touches on the broader need for mental health resources, noting how training and interdisciplinary cooperation contribute to more effective, compassionate responses.

(00:09:10) Chapter 3: Public Health Approaches to Opioid and Gun Crises 

Platkin outlines New Jersey's proactive strategies to tackle the opioid and gun violence epidemics, focusing on diversion programs, community partnerships, and civil enforcement. He discusses the impactful results of addressing these issues as public health crises, noting the state’s success in reducing both opioid fatalities and gun-related violence through data-driven enforcement, community engagement, and targeted litigation against non-compliant businesses.

(00:17:34) Chapter 4: Interstate Coordination and the Role of AGs in Federal Litigation

Attorney General Matt Platkin explains the importance of collaboration among state attorneys general, including bipartisan efforts in federal litigation. He shares examples of major joint cases, such as those against Meta and Apple, and discusses how AGs coordinate on issues that transcend state lines, often through bipartisan associations.

(00:20:14) Chapter 5: The Evolution and Influence of the New Jersey Supreme Court

Pam Karlan asks Platkin about New Jersey’s innovative Supreme Court. Platkin delves into the unique aspects of New Jersey’s government structure, including the influential role of the state Supreme Court in affordable housing and school funding cases. He shares insights on recent judicial reforms and the impact of balanced partisan representation on the court.

(00:25:08) Chapter 6: Path to Public Service and Career Reflections
Platkin recounts his journey from law school to Attorney General, sharing pivotal moments like working on Cory Booker’s campaign and volunteering in San Antonio. He reflects on how early career risks and public service aspirations shaped his path, highlighting the impact of his experiences on his leadership in New Jersey’s government.

19 Dec 2024Tariffs, Trade Wars, and Policy Shifts under Trump: A Tutorial on the Global Economy and Trade00:29:01

Just weeks before he was elected president of the United States, during a conversation at the Economic Club of Chicago, Donald Trump declared, “The most beautiful word in the dictionary is ‘tariff.’ And it’s my favorite word.” As the president-elect takes to the bully pulpit, leaders of nations threatened with new tariffs are calling Trump or even flying down to Mar-a-Lago, as Canadian President Trudeau did recently, to argue their case.  Stanford Law Professor Alan O. Sykes joins Pam and Rich for this episode to help make sense of the fascinating world of trade, tariffs, and the global economy. Al is a leading expert on the application of economics to legal problems whose most recent scholarship is focused on international economic relations. His writing and teaching have encompassed international trade, torts, contracts, insurance, antitrust, international investment law and economic analysis of law. He is the author most recently of the book The Law and Economics of International Trade Agreements.


 

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(00:00:00) Chapter 1: Introduction and Explanation of Tariffs 
Rich Ford and Pam Karlan introduce Professor Alan Sykes, a leading expert in international trade law, to explore the basics of tariffs. They discuss what tariffs are, how they function like a tax on imports, and who ultimately bears the cost. Sykes explains the economic complexities, such as elasticity of demand and supply, and highlights how tariffs impact U.S. consumers and foreign producers.

They discuss how tariffs often fail to significantly increase manufacturing jobs and the potential downsides of retaliation and supply chain disruptions.

(00:08:36) Chapter 2: Policy Implications and Optimal Tariff Strategies 
Alan Sykes unpacks the policy decisions behind tariffs, such as balancing national security concerns and economic efficiency. Sykes explains the concept of "optimal tariffs" and critiques proposals like 100% tariffs, arguing for targeted approaches such as subsidies for sensitive industries. The hosts highlight the distinction between product-specific measures and country-focused tariffs in maintaining supply chain resilience.

 

(00:12:28) Chapter 3: The Evolution of U.S. Free Trade Policy 

The group explores the post-World War II consensus around free trade and how it has shifted in recent years. Alan Sykes outlines bipartisan changes to U.S. trade policy, the impact of the "China shock," and the shift towards an "America First" approach under both Trump and Biden administrations.

(00:16:43) Chapter 4: Tariffs, Trade Wars, and Public Misunderstandings 

The discussion delves into the politics of tariffs and their economic implications. Alan Sykes explains why tariffs remain politically popular despite their economic inefficiency, the mechanics of trade wars, and the historical example of the Smoot-Hawley Tariff. They also discuss how tariffs and retaliation, such as restrictions on rare earth elements, could affect U.S. industries.

(00:23:26) Chapter 5: Multilateral Trade Agreements and National Security 

Alan Sykes traces the history of multilateral trade institutions, focusing on the GATT, WTO, and USMCA. Sykes explains the U.S.’s recent retreat from WTO commitments, the renegotiation of NAFTA, and the controversial use of national security clauses to justify tariffs and sanctions. The conversation closes with insights on the implications of these shifts for allies and adversaries alike.

01 Apr 2021Three Strikes and You’re Out: Revisiting Laws that Lock Up Nonviolent Offenders w/ Michael Romano00:27:19
Imagine serving a life sentence in prison for stealing a floor jack from a tow truck? Many of the clients our guest today, Michael Romano, has represented were drug addicts or homeless when they got caught up in California’s Three Strikes law that forced minimum sentences and locked up thousands of nonviolent offenders for 20, 30 years and more. Romano, the founder of Stanford's Three Strikes and Justice Advocacy Project, has become a leading voice in criminal reform in California and the nation—shining a light on the high cost to both the imprisoned and the taxpayer, who foots the bill. Romano, who was recently appointed to chair the state’s new criminal law and policy reform committee, the California Committee on the Revision of the Penal Code, joins Stanford Legal to talk about the criminal justice crisis in American and efforts in California to release nonviolent offenders through reform of the Three Strikes law and other legal reforms.
28 Oct 2019Cabinet Vacancies, Actings, and Law with guest Anne Joseph O'Connell00:28:00

Turnover and use of acting officials in the Trump administration is more prevalent than previous administrations, but churn in the White House is not unique to this president. Stanford Law Professor Anne Joseph O’Connell shares her recent research into vacancies in the executive branch and the law.

Originally aired on SiriusXM on October 26, 2019.

03 Feb 2020Mandating Diversity on Company Boards00:27:30
Equality for women in the U.S. is still an uphill battle, the wage and leadership gap a challenge 100 years after passage of the19th Amendment. But can gender equality be regulated with law and quotas? California is trying in one narrow area—the boards of public companies—with a new law mandating gender diversity on those boards. Joe Grundfest, a former SEC commissioner and expert on corporate governance, and Gail Harris, who serves as lead director of investment banking advisory firm Evercore Inc., discuss the law, possible challenges to it, and why it matters in this episode of "Stanford Legal." For past episodes, visit: https://law.stanford.edu/stanford-legal-on-siriusxm/
22 Nov 2021Evictions and How Covid Changed the Discussion about Government Support for Society's Most Vulnerable00:28:05
When AG Garland put out a call to lawyers, law students, and law schools generally to suit up to deal with the "eviction tsunami" that many are predicting in the coming months, Juliet Brodie , director of the Stanford Community Law Clinic and an expert in tenants’ rights answered the call. In this episode, Joe and Rich discuss evictions, the challenges lower income Americans face in staying in their homes, and how the law has been innovating during Covid-19. Juliet is joined by Lauren Zack, a teaching and litigation fellow working on the eviction projects with the clinic. In this episode, Joe and Rick discuss evictions, the challenges lower income Americans face in staying in their homes, and how the law has been innovating during Covid-19. Juliet is joined by Lauren Zack, a teaching and litigation fellow working on the eviction projects with the clinic.
02 Mar 2020Virtual Briefing at the Supreme Court with guest Jeffrey Fisher00:27:47
The open secret of Supreme Court advocacy in a digital era is that there is a new way to argue to the Justices. In this episode of Stanford Legal, Pam Karlan and Joe Bankman sit down with co-director of the Stanford Supreme Court Litigation Clinic, Jeff Fisher, to discuss his recent article, Virtual Briefing. For past episodes, visit: https://law.stanford.edu/stanford-legal-on-siriusxm/
22 Jul 2019Regulating Rights for the Intellectual & Developmentally Disabled with Alison Morantz and Peter Vogel00:28:02
About 6.5 million people in the U.S. have an intellectual or developmental disability that affects their day-to-day functioning. While there are laws and policies designed to help them access the same core rights and protections that other individuals enjoy, there are still big gaps in important services. How is the law developing in this critical and often-overlooked area? Stanford Law Professor Alison Morantz, co-founder of the newly-launched Stanford Intellectual and Developmental Disabilities Law and Policy Project, and Peter Vogel, JD ’19, who worked with Morantz on newly-published research, discuss their findings and more in a live taping of the Stanford Legal podcast. For more Stanford Radio and past episodes, visit: https://stanford.io/2SqmNob
11 Apr 2024Representing Clients at the Supreme Court00:37:14

Professor Easha Anand, co-director of the Stanford Law School Supreme Court Litigation Clinic, joins Professors Pam Karlan and Richard Thompson Ford, along with Gareth Fowler, JD '24, for a discussion about three cases that she argued before the Court this term, the people behind the case titles, and what it takes to represent them at the highest court in the land. 

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(00:00:00) Chapter 1: Introduction and Setting the Stage

  • Easha Anand shares the story of Mr. Ciavarini and the impact of the Stanford Supreme Court Clinic on restoring his reputation. Hosts Rich Ford and Pam Karlan introduce the episode and guests Professor Easha Anand and Gareth Fowler, discussing their work with the Stanford Supreme Court Litigation Clinic.

(00:01:52) Chapter 2: Joining the Clinic and the Clinic's Unique Approach

  • Gareth Fowler describes his experience joining the Stanford Supreme Court Litigation Clinic and the process of working on cases as a student. Easha Anand explains the distinctive features of the clinic's model, emphasizing the significant role of students in producing legal work.

(00:05:38) Chapter 3: Working on Cases and the Sarbanes-Oxley Case

  • Gareth Fowler discusses the specific cases he worked on during his time at the clinic, including Mendez-Colleen and United States v. Jackson. Easha Anand recounts her experience arguing the case of Murray v. UBS before the Supreme Court and the significance of the outcome for whistleblower protection.

(00:15:52) Chapter 4: Insights from Oral Arguments

  • Easha Anand reflects on the differences between arguing cases at lower courts versus the Supreme Court, emphasizing the unique challenges and opportunities of Supreme Court advocacy.

(00:18:16) Chapter 5: Clinic's Trip to D.C.

  • Gareth Fowler shares his experience attending Supreme Court oral arguments in Washington, D.C., providing insights into the courtroom dynamics and the significance of the proceedings.

(00:20:27) Chapter 6: Preparing for Future Cases and Impactful Moments

  • Easha Anand discusses the upcoming case of Chiavarini and the journey of preparing for oral arguments, highlighting the client's story and the clinic's commitment to justice. Pam Karlan and Easha Anand reflect on the profound impact of their work with clients and the meaningful experiences shared during their collaboration with the Stanford Supreme Court Clinic.

[00:24:23] Chapter 7: Audience Question and Answer

20 Feb 2025Suing DOGE: Musk, Trump, and an Imperial Presidency00:28:38

A coalition of privacy defenders led by Lex Lumina and the Electronic Frontier Foundation filed a lawsuit on February 11 asking a federal court to stop the U.S. Office of Personnel Management (OPM) from disclosing millions of Americans’ private, sensitive information to Elon Musk and his “Department of Government Efficiency” (DOGE). As the federal government is the nation’s largest employer, the records held by OPM represent one of the largest collections of sensitive personal data in the country.

Is this a big deal? Should we care? Joining Pam today is Stanford Law Professor Mark Lemley, an expert in intellectual property, patent law, trademark law, antitrust, the law of robotics and AI, video game law, and remedies. Lemley is of counsel with the law firm Lex Lumina and closely involved in the DOGE case. In this episode, Lemley overviews urgent privacy concerns that led to this lawsuit, laws such as the Privacy Act, and legal next steps for this case. 

The conversation shifts to the current political landscape, highlighting the unprecedented influence of Silicon Valley, particularly under the Musk administration. Lemley contrasts the agile, authoritative management style of Silicon Valley billionaires with the traditionally slow-moving federal bureaucracy, raising concerns about legality and procedural adherence. The conversation also touches on the demise of the Chevron doctrine and the possible rise of an imperial presidency, drawing parallels between the Supreme Court's and the executive branch's power grabs—and how Lemley's 2022 paper, "The Imperial Supreme Court," predicted the Court's trend towards consolidating power. This episode offers a compelling examination of how technological and corporate ideologies are influencing American law.

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(00:00:00) The Rise of Executive Power

(00:07:22) Concerns About Data Handling and Privacy
(00:08:41) The Impact of Silicon Valley's Ethos on Government
(00:14:01) The Musk Administration's Approach
(00:18:01) The Role of the Supreme Court
(00:24:43) Silicon Valley's Influence on Washington

10 Oct 2024Killing in Self Defense: The Legal Complexities of Abuse-Related Crimes and the Impact of Intimate Partner Violence on Women's Criminal Convictions00:29:59

How are victims of intimate partner violence meant to protect themselves—and, often, their children—without winding up dead, in hospital, or prison? It’s a situation that many find themselves in. Approximately 15 percent of women in the United States are victims of intimate partner violence, according to the National Domestic Violence Hotline. But the legal system is not set up to help them. In this episode the executive director of the Stanford Criminal Justice Center, Debbie Mukamal, and Stanford Law student Jacqueline Lewittes join Pam and Rich to discuss the Center's new study “Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline and Other Stories Touched by Violence,” that offers groundbreaking data and personal stories from women currently in prison because of intimate partner violence. They also touch on the systemic failures in the justice system in handling these complex cases. 

 

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(00:00:00) Chapter 1: Introductions and Goals of the Research 

Hosts Pam Karlan and Rich Ford discuss how the project on women incarcerated for killing their abusers began during the pandemic, sparked by a lack of national data on these cases with Debbie Mukamal and SLS student Jacqueline Lewittes. Mukamal explains how her team's long-standing relationships with the California Department of Corrections facilitated their research access despite COVID-19 restrictions.

(00:04:12) Chapter 2: Research Design and Challenges 

The team outlines the complexities of designing the study, including broadening the focus beyond intimate partner killings and overcoming barriers like accessing reliable court records. They explain how they relied on direct interviews and used validated tools like the Danger Assessment and Composite Abuse Scale to assess the severity of abuse.

(00:08:42) Chapter 3: Striking Findings and Legal Implications 

Explore key findings, including the prevalence of traumatic brain injuries among respondents and the failure of self-defense laws to protect abused women. Jacqueline highlights a specific case that illustrates how memory loss due to abuse complicates self-defense claims, underscoring the systemic legal failures.

(00:18:30) Chapter 4: The Role of Intimate Partner Violence in Homicide Cases

The group delves into the startling statistics of women convicted of homicide in connection to intimate partner violence. Debbie Mukamal discusses how nearly 74% of women in their study had experienced abuse at the time of the offense, breaking down the subcategories of cases, from those who killed their abuser to others involving child fatalities.

(00:21:25) Chapter 5: Systemic Failures in Protecting Abuse Victims

Examine the various ways in which the legal system fails to protect women who are victims of abuse. From denied protective orders to mistreatment by police and ineffective legal defense, the discussion highlights the failures at multiple levels and the resulting harsh sentences.

(00:23:55) Chapter 6: Law Reform and the Impact of Trauma on Legal Culpability

This segment focuses on potential legal reforms, including changes to homicide statutes and the need for better understanding of traumatic brain injury (TBI) in abuse survivors. Debbie Mukamal and Pam Karlan discuss the implications of TBI on a woman’s ability to recall facts, and how reforms could better account for their experiences.

02 Feb 2019Gerrymandering and the 2020 Census with Nate Persily00:27:35
Voting law expert Nate Persily discusses gerrymandering, the 2018 midterms and the 2020 census during a live taping of the "Stanford Legal" podcast. For past episodes, visit: https://stanford.io/2SqmNob
20 Jun 2024Former Federal Judge Michael McConnell Discusses Presidential Immunity and Trump Cases with Pam Karlan00:31:30

Should presidents be immune from prosecution? If yes, under what circumstances? Stanford Professor Michael McConnell, a former federal judge, joins Pam Karlan for a discussion on presidential immunity, the Constitution, and former president Trump's cases. In this insightful episode, they discuss the implications of the Supreme Court's stance on criminal versus civil liabilities for presidents, the political ramifications of prosecutorial actions, and the historical context of executive power under the U.S. Constitution.

22 Jan 2019Climate Change Dilemma with Professor Thomas Heller00:27:42
In this episode of Stanford Legal, Pam and Joe are joined by Tom Heller, faculty director of the new Sustainable Finance Initiative at Stanford and professor emeritus at Stanford Law School. An expert in climate policies, law, and economic development, Heller has spent much of his career focusing on the legal and financial challenges of solving climate change—particularly in developing economies. He was part of the network of experts who made up the United Nations’ Intergovernmental Panel on Climate Change that shared the 2008 Nobel Prize prize with former U.S. Vice President Al Gore. Originally aired on SiriusXM on January 19, 2018. Recorded at Stanford Video.
28 Sep 2020The Legacy of Justice Ruth Bader Ginsburg00:27:04
Justice Ruth Bader Ginsburg, the legal icon known as the architect of the legal fight for women’s rights in the 1970s, is remembered in this episode of Stanford Legal by her former SCOTUS clerk Lisa Beattie Frelinghuysen. Join Pam, Joe, and Lisa for this discussion about RBG’s legacy, key cases, and recollections of the notorious justice.
27 Oct 2018Conformity and Self-Censorship on College Campuses with Greg Lukianoff00:27:40

Free speech advocate and FIRE CEO Greg Lukianoff, discusses issues of conformity and self-censorship on college campuses, and his recently-published book, “The Coddling of the American Mind,” co-written with Jonathan Haidt.

01 Oct 2019San Francisco in the Long Shadow of the Valley with guest Cary McClelland00:28:00
Stanford Law School alum Cary McClelland’s book “Silicon City” was mailed to 1,700 incoming Stanford freshmen over the summer as part of the Three Books program, which this year invited students to think about the ways cities shape experiences and social relationships. Listen as McClelland shares what he’s learned interviewing San Francisco residents whose lives have been transformed by Silicon Valley. Originally aired on SiriusXM on September 28, 2019. Recorded at Stanford Video.
04 Jan 2024Does Inequity in U.S. Patent Inventorship Matter? A Discussion on Inequality in the Patent System and how it Impacts Innovation00:21:37

Women and minorities continue to be underrepresented in patent issuing and less often are granted credit for their innovations. We examine why this is, the impacts it has, and what can be done about it. Patents, and the protection of inventor rights, was deemed important enough that when the U.S. Constitution was ratified in 1788 it included what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads “[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Our guest in this episode is Lisa Larrimore Ouellette, whose latest research looks at inequality in the patent system and how that impacts innovation. Her paper “Improving Equity in Patent Inventorship” was recently published in Science.

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(00:00:00) Introduction and Patent System Overview

The significance of patents and their historical context. Intro of guest Lisa Ouellette’s research on inequity in the patent system 

(00:01:47) Understanding Patents and their Benefits 

The purpose of patents, their duration, and their impact on inventors' rights. Discussion on how patents apply across various industries like pharmaceuticals, software, and AI.

(00:04:10) Inequities in the Patent System

Disparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.

(00:07:15) The Innovator-Inventor Gap

Exploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.

(00:11:15)  Impact of Patent Recognition

The significance of being listed as a patent inventor: impact on career, earnings, and professional reputation. 

(00:13:33) Innovation Type with Diverse Inventorship

Insights into the potential shift in innovation focus due to diversity within inventor teams.

 (00:14:54) Addressing Inequity: Policy Reforms

Challenges faced by underrepresented groups in persisting through the patent application process, suggestions for change and the impact of real-world programs to address these challenges

(00:18:37) AI's Influence and Challenges

Speculations on AI's impact on patent accessibility and equity. Challenges and potential exacerbation of disparities due to AI-generated patent claims.

(00:21:11) Conclusion

06 Jun 2024Justice for All? Why We Have an Access to Justice Gap in America—And What to Do About It00:34:57

Is legal representation in the U.S. only for the rich and corporations? That's a question that we'll explore in this episode of Stanford Legal with guests David and Nora Freeman Engstrom, two leading authorities on access to justice and the legal profession. They'll explain the roots of the challenge, how unauthorized practice of law rules contribute to the problem, and how to address them. The Engstroms co-direct Stanford Law School's Deborah L. Rhode Center on the Legal Profession, an academic center working to shape the future of legal services and access to the legal system. This episode delves into some alarming statistics, including the fact that in three-quarters of civil cases in state courts, at least one party is without a lawyer. This alone often leads to unjust outcomes in cases involving debt collection, evictions, family law, and other areas. And that is just part of the problem, as the Engstroms explain.   

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Chapter 1: The Access to Justice Crisis in the U.S.
(00:00:00) Pam Karlan introduces the episode, discussing the work of David and Nora Freeman Engstrom at Stanford Law School's Deborah Rhode Center on the Legal Profession. This section provides an overview of the access to justice crisis, highlighting the high percentage of cases where individuals lack legal representation and a look at the types of cases predominantly at issue, including debt collection, evictions, mortgage foreclosures, and family law cases.

Chapter 2: Understanding the Consequences and Causes of Legal Inaccessibility
(00:7:06)  David and Nora Freeman Engstrom explore the broader implications of the lack of legal representation, including the cascade of related legal and financial issues that arise from initial problems like wage garnishment and eviction. They also touch on the hidden legal issues that never make it to court due to individuals' inability to seek legal help.

Chapter 3: Exploring Solutions and Technological Impacts on Access to Justice
(00:10:07) David and Nora Freeman Engstrom  delve into potential solutions to the access to justice crisis, including the role of technology in both exacerbating and potentially alleviating the problem. They discuss the efficiency of technological tools used by the debt collection industry and the implications for legal access.

Chapter 4: The Technology Asymmetry in Debt Collection
(00:14:19 )  Pam Karlan and David Freeman Engstrom discuss how debt collectors use automation to exploit legal processes against unrepresented individuals. They highlight the stark disparity between technological access for debt collectors and individual defendants. Engstrom points out the restrictive rules that limit software-driven legal services, exacerbating the access to justice crisis.

Chapter 5: The Historical Context and Current Restrictions on Legal Services
(00:15:55)  Nora Freeman Engstrom delves into the history of legal service restrictions in the U.S., contrasting it with medical professions. She introduces her research on auto clubs and their provision of legal services in the early 20th century, showing how organized bar associations shut down these alternatives to preserve their monopoly.

Chapter 6: Modern Innovations and Future Prospects in Legal Services
(00:24:13)  The host and guests discuss recent efforts to relax unauthorized practice of law rules in states like Utah and Arizona. They explore innovative legal service models emerging from these reforms, including tiered services and AI-driven solutions, and their potential to democratize access to legal assistance. The discussion highlights how entities like LegalZoom are now able to hire lawyers and provide more comprehensive services. They also touch on the potential of generative AI to bridge the gap between legal jargon and plain language, making legal assistance more accessible to the public. The chapter concludes with reflections on the promise and challenges of these technological advancements.

14 Mar 2022The Legacy of Justice Stephen Breyer00:27:37
The Legacy of retiring Supreme Court Justice Stephen Breyer is discussed by Stanford Law School Dean Jenny Martinez, who clerked for Breyer.
06 Jun 2019Securing American Elections with Nate Persily00:27:59
In 2016, Russia attacked the United States. As the Special Counsel report stated, “The Russian government interfered in the 2016 presidential election in a sweeping and systematic fashion.” In this episode of Stanford Legal, Stanford Professor Nate Persily, election law and free speech expert, discusses a new Stanford report that looks at the vulnerabilities of our election systems and ways to secure it.
25 Apr 2022Stanford Environmental Law Clinic’s Critical Environmental Cases with Debbie Sivas, Chris Meyer, and Sidni Frederick00:27:35
Stanford’s Environmental Law Clinic issues come in all sizes and shapes, from arguing successfully before the Ninth Circuit on their Endangered Species Act/NEPA case against the Forest Service, which implicated forest management issues in the face of drought and wildfire, to going before the Eastern District of California in a wildlife trafficking case. Join co-hosts Joe Bankman and Rich Ford for a discussion with founding director of Stanford’s Environmental Law Clinic Debbie Sivas and 3L students Chris Meyer and SidniFrederick about critical environmental cases—and why they matter.
15 Jun 2020Race and Policing with guest Professor David Sklansky00:27:57
Stanford Law Professor David Sklansky, the Faculty Co-Director of the Stanford Criminal Justice Center, is a former federal prosecutor who served as special counsel to the independent review panel appointed to investigate the Los Angeles Police Department’s Rampart Division scandal that formed in the wake of the Rodney King case. In this episode, Sklansky discusses race and policing in America and how we can reform policing to prevent another George Floyd death in police custody.
28 Apr 2019Artificial Intelligence and the Administrative State with David Engstrom and Cristina Ceballos00:28:33
Professor David Engstrom and law student Cristina Ceballos discuss artificial intelligence and whether it can help or hinder important decision making by the federal government?
22 Jun 2020Arguing at the Supreme Court: Pam Karlan Discusses the LGBTQ+ Employment Win00:28:05
Landmark Supreme Court ruling protects gay and transgender workers by federal law from employment discrimination.
01 Aug 2022Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election with Michael McConnell00:28:02
While polls of Republican voters still show strong support for former president Trump, some of the most powerful testimony against him during the January 6 Congressional hearings have been by members of his administration and party. In this episode we hear from Stanford Law Professor Michael W. McConnell, a former judge on the U. S. Court of Appeals for the Tenth Circuit nominated by President George W. Bush, about a new report he co-authored, Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election, which examined every count of every case of election irregularities brought by Trump’s team in six battleground states—and concluded that “Donald Trump and his supporters had their day in court and failed to produce substantive evidence to make their case.”
14 Apr 2019How Safe is Your Online Information? with Jennifer King00:27:29
Why and when do people choose to hand over their personal information in exchange for online services? Jennifer King, of Stanford’s Center for Internet and Society, discusses power dynamics and privacy.
26 Sep 2024Challenging Originalism: Putting the Electoral College, Presidential Immunity, and Recent SCOTUS Decisions into Historical Context00:32:15

Is the president above the law? Is the Electoral College democratic? In this episode, historian Jonathan Gienapp critiques the mainstream use of originalism, arguing that it often neglects crucial historical context, overlooking the complexities of original public understanding. The conversation dives into recent court cases, highlighting tensions between historical interpretation and contemporary judicial practices. This is clearly illustrated in Gienapp’s discussion of the Electoral College—a uniquely American invention. He explains the historical roots of the Electoral College, the Framers' intentions, and the criticisms it faces today. He also sheds light on how the Electoral College emerged as a compromise among less desirable options and the historical context surrounding its establishment, including issues of accountability and regional interests. The conversation also touches on ongoing debates about potential reforms, public sentiment toward a national popular vote, and the challenges of amending the Constitution in today's contentious political landscape. Join us for an enlightening discussion that bridges history with contemporary constitutional debates.

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(00:00:00) Chapter 1: Introduction and the Flaws of Originalism
Hosts Pam Karlan and Rich Ford discuss the key issues with modern originalism, focusing on how originalists often overlook the historical context necessary to truly capture the Constitution’s original meaning with historian Jonathan Gienapp. Gienapp critiques the flexibility of originalist interpretations, especially when applied to complex constitutional concepts like freedom of speech and executive power.

(00:04:33) Chapter 2: Public Meaning vs. Original Intent
Rich Ford explores the tension between public meaning and original intent in originalist theory. Gienapp explains how, despite attempts to distinguish them, the two often overlap in practice. The discussion highlights the inconsistency in how originalists pick and choose historical evidence to support their interpretations.

(00:07:47) Chapter 3: Judicial Interpretation in Practice: Rahimi and Trump Cases
Pam Karlan brings up recent court cases, including United States v. Rahimi and Trump v. United States, where originalist judges either struggled with historical evidence or avoided it altogether. Gienapp notes the irony of originalists relying on minimal historical analysis when it contradicts their desired outcomes.

(00:12:04) Chapter 4: The Framers' Vision of the Presidency

Jonathan Gienapp discusses the historical foundations of the American presidency, emphasizing the founding generation's rejection of monarchy and the importance of presidential accountability. He highlights the debate at the Constitutional Convention regarding the balance between a strong executive and ensuring that executive power remains accountable to the people.

(00:17:06) Chapter 5: Originalism and Constitutional Interpretation

Jonathan Gienapp delves into the complexities of originalism as a judicial philosophy. He explains the tension between the rhetoric of originalism and its inconsistent application in Supreme Court decisions. He argues for either a more serious commitment to originalism or a recognition of constitutional pluralism, where history is used alongside other interpretative methods.

(00:21:39) Chapter 6: The Origins and Challenges of the Electoral College

Exploration of the creation of the Electoral College, discussing how it emerged not as a perfect solution but as a compromise to address competing concerns about legislative selection, popular votes, and regional interests. Gienapp examines past and present efforts to reform the Electoral College and explains why it persists despite criticism.

10 Nov 2018The Supreme Court After Kennedy with Dahlia Lithwick, Part 200:29:49
Stanford Legal with Pam Karlan & Joe Bankman: The Supreme Court after Kennedy (part 2) with guest Dahlia Lithwick Dahlia Lithwick, JD ’96, senior editor for Slate, joins co-hosts Pam Karlan and Joe Bankman for a lively discussion about reporting on the Supreme Court and changes to it after Justice Kennedy’s retirement. Originally aired on SiriusXM on November 10, 2018. Recorded by Stanford Video.
24 Oct 2024Racism in Property Deeds: Stanford Team Develops AI Tool to Identify and Map Racial Covenants00:30:00

Stanford Law's Daniel Ho and computer science/law student Mirac Suzgun discuss the enduring impact of racially restrictive covenants in real estate with host Rich Ford. Though unenforceable since 1948, these clauses are a lingering reminder of housing segregation and racism in the United States, as Professor Ho's own experience of discovering a covenant barring Asians from purchasing his home highlights. The conversation also looks at legislative efforts to remove the covenants and an innovative AI tool developed by Stanford's RegLab that helps counties identify and redact these covenants, streamlining the process while preserving the historical record.

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(00:00:00) Chapter 1: Introduction to Racial Covenants and AB 1466
Host Rich Ford introduces the episode, guests Professor Dan Ho and SLS student Mirac Suzgun, and the topic of racial covenants in real estate. They discuss the persistence of racially restrictive covenants, despite being declared unenforceable by the Supreme Court in Shelley v. Kramer (1948), and highlight California’s AB 1466 law, which aims to address the issue.

(00:04:00) Chapter 2: The Role of AI in Redacting Racial Covenants
Dan Ho explains how Santa Clara County faced the challenge of identifying and redacting racial covenants from millions of historical deed records. The conversation shifts to the AI tool developed by Stanford’s RegLab, which automates the identification of racially discriminatory language in property documents. Mirac Suzgun elaborates on the stages of the AI tool, including OCR and machine learning, to help counties meet their legal obligations.

(00:10:01) Chapter 3: Historical Context and Persistence of Racial Covenants
Rich Ford and Dan Ho delve into the history of racial covenants, explaining their rise after the Buchanan decision (1917) and their persistence even after the Shelley v. Kramer ruling. They discuss how these covenants, though unenforceable, served as a community signaling function, reinforcing housing segregation for decades.

(00:16:13) Chapter 4: The Legacy of Racial Covenants

Rich Ford and Mirac Suzgun discuss the evolution of state-sponsored race segregation and the role of private covenants in perpetuating housing discrimination. They emphasize how these covenants, often embedded in property deeds, remain binding on homeowners, illustrating the historical entrenchment of racial segregation in real estate.

(00:18:48) Chapter 5: Uncovering Historical Data and Responsibility

Dan Ho shares findings from a study revealing the prevalence of racial covenants in Santa Clara County. The discussion highlights the significant responsibility of a small number of developers in enforcing these covenants, contrasting this with the example of Joseph Eichler, who resisted such practices and promoted housing reform.

(00:23:11) Chapter 6: Utilizing Technology for Social Justice

The conversation shifts to the innovative tools developed to identify and address racial covenants in property records. The hosts explore the implications of these discoveries for understanding historical injustices and the importance of retaining historical records while advocating for modern social justice initiatives, plus closing remarks.

05 Aug 2019The Changing Landscape of Auditor Litigation and It's Implications for Audit Quality with Colleen Honigsberg00:28:01
Companies like Apple, Google and Walmart report earnings each year. They also report on social justice issues, like carbon emissions and child labor. These are important reports, with important implications for shareholders and the public. But how do we know they're accurate? Listen in as Stanford Law’s Colleen Honigsberg discusses auditing. Originally aired on SiriusXM on August 3, 2019. Recorded at Stanford Video.
10 Jan 2025California Burning: LA Fires, Climate Change, and Insurance Nightmares with Environmental Lawyer Debbie Sivas00:29:43

The fires in Los Angeles, fueled by drought and the notorious Santa Ana winds, have wreaked devastation on the largest county in the United States, taking at least 10 lives and destroying thousands of structures as of January 10—with much of the Los Angeles metropolis, suburban neighborhoods like Pasadena and Pacific Palisades engulfed in smoke, and tens of thousands of residents without homes. In this episode, environmental law expert Deborah Sivas joins Pam Karlan for a discussion of California's fire crisis, examining how climate change and urban development are making residents more susceptible to the dangers of fires. They also look at air quality, rebuilding challenges, insurance strains, and the broader implications for urban planning, labor, and environmental recovery, highlighting the urgent need for sustainable solutions in an era of intensifying climate impacts.

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(00:00:00) Chapter 1: Introduction, the Santa Ana Winds, and Fire Dynamics
Host Pam Karlan introduces environmental expert Deborah Sivas. The two discuss the Santa Ana winds, their origins, and their role in fueling wildfires. They explore the interaction of high winds, parched landscapes, and the growing impact of climate change on fire frequency and intensity.

(00:06:49) Chapter 2: Urban Fires and the Wildland-Urban Interface

The conversation shifts to the challenges of wildfires in urban and suburban areas. Sivas explains fire ignition sources, the difficulty of containment, and the need for defensible spaces. She highlights the vulnerability of areas at the wildland-urban interface and discusses practical steps to reduce fire risk, including vegetation management and retrofitting structures.

(00:12:37) Chapter 3: Air Quality and the Broader Impacts of Fires
Sivas and Karlan examine the devastating effects of wildfire smoke on air quality, especially in densely populated regions like Los Angeles. They discuss how urban fires release toxic pollutants and disproportionately impact vulnerable communities. The chapter emphasizes the broader environmental and health consequences of wildfires in an era of climate change.

(00:16:46) Chapter 4: Climate Change, Insurance Challenges, and Recovery Efforts
The conversation shifts to the economic challenges posed by climate disasters, focusing on California’s wildfire insurance crisis. Sivas explains private insurance limitations, the state's FAIR program, and rebuilding challenges, including rising construction costs and environmental cleanup.

(00:23:17) Chapter 5: Firefighting, Displacement, and Economic Impact
Karlan and Sivas explore the complexities of wildfire response, including the reliance on inmate labor and firefighting logistics. They also discuss displacement, long-term housing issues, and the socioeconomic toll on affected communities and businesses.

15 Mar 2021What How We Dress Matters and Why00:28:31
Modern day fashion says a lot about who we are and the image we project. Join Stanford Law Professor Richard Thompson Ford for this episode for a discussion about his new book, Dress Codes, and the history of fashion and its social and political implications.
01 Aug 2024The Future of Environmental Regulation Following SCOTUS’ Overruling of the Chevron Doctrine00:27:54

Do courts have the expertise to decide on important environmental law issues? Pam Karlan and Rich Ford speak with environmental law expert Debbie Sivas, director of the Environmental Law Clinic at Stanford, about recent Supreme Court decisions affecting environmental and administrative law--including the Court's decision to overturn decades of settled law by overturning Chevron. What are the implications of the Court's recent blockbuster environmental decisions--the impact on the Clean Air Act, and broader consequences for regulatory agencies and environmental policies. Tune in to explore how these legal shifts could reshape the landscape of environmental regulation in the United States.

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(00:00:00)  Chapter 1: Introduction and Overview

Pam and Rich welcome Professor Debbie Sivas from Stanford's Environmental Law Clinic. They provide an overview of significant Supreme Court cases impacting environmental and administrative law, highlighting the pivotal Loeb or Wright decision that ended Chevron deference.

(00:02:06) Chapter 2: Chevron Deference and Its Implications Explained 

Discussion on the historical context and implications of Chevron deference, with Debbie Sivas explaining its significance and how its removal might affect future legal interpretations and administrative agency power.

(00:09:12) Chapter 3: Expert Opinions vs. Judicial Interpretations

Examination of the Supreme Court's approach to statutory interpretation versus agency expertise, highlighting cases like Ohio against EPA and the challenges posed by the court's stance on scientific and technical matters.

(00:16:12) Chapter 4: The Role of the Major Questions Doctrine and Non-Delegation Doctrine

Analysis of the Major Questions Doctrine's impact on regulatory power and the potential resurgence of the Non-Delegation Doctrine, focusing on how these legal principles shape environmental policy and agency authority.

(00:18:57) Chapter 5: The Ohio Against EPA Case and Its Broader Implications

Detailed discussion on the Ohio against EPA case, its current status, and the implications of the Supreme Court's emergency stay decision on future regulatory actions and environmental protections.

09 May 2022Law Firms and Russian Profits with Robert Daines00:27:03
Since Russia’s illegal invasion of Ukraine, hundreds of the world’s leading companies, from investment banks to consumer goods, have shuttered their Russian operations. But Law firms have been slower to respond. Join us for a discussion with business law expert Robert Daines who has been leading an effort to expose leading American and British law firms about their status of work for Russian interests.
20 Mar 2025Accountability in Government: Glenn Fine on the Crucial Role of Inspectors General, the Government's Watchdogs00:28:18

How do we prevent or catch mismanagement, corruption, and waste of taxpayers' dollars in federal agencies? On January 24, 2025, days into his second administration, President Trump fired Inspectors General from 17 different federal agencies, including the Department of Labor. If no one is watching, does that mean there's nothing to see?

In this episode Pam Karlan is joined by Glenn Fine, a former Inspector General of both the Department of Justice and the Department of Defense. Glenn highlights the extensive work involved in detecting and deterring waste, fraud, and abuse within these massive agencies. He discusses the differences between the DOJ and DOD, emphasizing the unique challenges and the importance of understanding each agency's culture and operations. Through detailed examples, including politicized hiring at the DOJ and a tragic incident at the Bureau of Prisons, he illustrates the breadth and impact of the investigations conducted by Inspectors General—and the essential function of these watchdogs in maintaining integrity and accountability within federal agencies. Earlier in his career, Glenn served as an Assistant United States Attorney in Washington D.C., where he handled criminal cases, including more than 35 jury trials. He also worked in private practice in two law firms.  He is the author of the book Watchdogs: Inspectors General and the Battle for Honest and Accountable Government, with a foreword by General Jim Mattis. He currently is a fellow at the Brookings Institution and serves as an Adjunct Professor of Law at Georgetown University—and as a visiting lecturer at Stanford Law School.

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(00:00:00)  Introduction and Overview of the Inspector General's Role

(00:03:52) The Impact of Inspector General Reports

(00:04:39) Notable Investigations at DOJ and DOD

(00:15:56) The Role of the Defense Criminal Investigative Service

(00:17:23) Coordinating COVID-19 Relief Oversight

(00:27:59) Importance of the IG's role in maintaining government accountability

24 Jun 2019Regulating Online Hate Speech with Daphne Keller00:28:00
How do we regulate online hate/terrorist speech? Daphne Keller, an expert in platform regulation and Internet users' rights, discusses how the law is developing particularly in the European Union, during a live taping of the “Stanford Legal” podcast. For past episodes, visit: https://stanford.io/2SqmNob
19 Feb 2019Gene-edited Babies and DNA Testing with Hank Greely00:28:33
Hank Greely, an expert in ethical, legal, and social implications of new biomedical technologies, discusses gene-edited babies and DNA testing. For past episodes, visit: https://stanford.io/2SqmNob
14 Oct 2019The Power of the Presidential Pardon with guest Bernadette Meyler00:28:00
The U.S. president’s power of pardon dates back to the British monarchy and the “godly” rights of kings, but has the pardon stood the test of time? Listen in as Constitutional Law expert Bernadette Meyler and author of the recent book, “Theaters of Pardoning,” discusses modern-day pardons and the evolution of the law. Originally aired on SiriusXM on October 12, 2019. Recorded at Stanford Video.
16 Apr 2025Trade Wars, Economic Chaos, and Law: Unpacking Trump's Trade Tactics with Alan Sykes00:32:52

Joining Pam for this week's episode is Stanford Law Professor Alan Sykes, a leading expert on the application of economics to legal problems whose most recent scholarship is focused on international economic relations. In short, he is an international trade and law expert—and the right person to help us understand today's chaos. The discussion covers the credibility of the United States in international trade negotiations, the feasibility of renegotiating trade deals with multiple countries within a short timeframe, and the unconventional methods employed by the Trump administration. Sykes also highlights the importance of previously negotiated deals and the World Trade Organization—and how the Trump administration has sidelined the organization. This episode offers a comprehensive look at the legal and economic dimensions of Trump's tariffs, making it a must-listen for anyone interested in understanding the complexities of modern trade policies.

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(00:00:00) Introduction and Overview of Trump's Tariffs

(00:04:05) Impact on Imported Goods and Consumers

(00:04:34) Exemptions and Intermediate Goods

(00:05:14) Historical Context of U.S. Tariffs

(00:24:38) Credibility of the United States and the 90-Day Pause

15 Jan 2025Special Counsel Smith's Report on Trump's Interference in the 2020 Election00:30:04

In this episode, Pam Karlan is joined by Stanford Law School Professor David Sklansky, a leading criminal law expert, for a wide-ranging discussion of Smith’s report, the evidence against the president-elect, and more.

In the early hours of January 14, 2024 the Department of Justice released its long-awaited election interference report against President-elect Donald Trump. It was a long and winding road to that moment—and one marked, ultimately, by justice delayed. 

In November 2022, Attorney General Merrick Garland appointed Jack Smith as special counsel to oversee criminal investigations by the Justice Department into former President Donald Trump’s efforts to overturn the 2020 election and his retention of classified documents. The two cases were brought in different jurisdictions—with charges for the classified documents case filed in Florida and the elections case in Washington, D.C. 

After false starts, the blockbuster Supreme Court ruling on July 1, 2024 that former President Trump is entitled to some immunity from criminal prosecution for actions taken to overturn the results of the 2020 election, and the subsequent re-election of Trump in November, Smith and the DOJ dropped both cases. (Publication of Smith’s report regarding the documents case is delayed due to pending charges against co-conspirators.)
 

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(00:00:00) Chapter 1: Introduction and the Role of Special Prosecutors

Pam Karlan and David Sklansky discuss the history and purpose of special prosecutors, their use in politically sensitive cases, and the implications of their reports. Sklansky explains the transition from independent counsels to special counsels and highlights examples like the Mueller Report and investigations into Hunter Biden.

(00:05:01) Chapter 2: Insights from Jack Smith’s Report

The conversation shifts to Jack Smith's report on Donald Trump. Karlan and Sklansky explore the evidence presented, its connection to the January 6th events, and the debates around releasing such reports. Karlan questions the timing of appointing a special counsel, given much was already public knowledge.

(00:08:25) Chapter 3: Prosecution Outcomes and Future Implications

Karlan and Sklansky discuss the slow progress of Trump’s investigation compared to other January 6th prosecutions. They also cover Trump’s promise to pardon convicted January 6th defendants, the fate of unnamed co-conspirators, and the ethical questions surrounding Todd Blanche’s involvement at the DOJ.
 

(00:12:16) Chapter 4: Decisions and Legal Strategies in Trump’s Prosecution

Karlan and Sklansky discuss the decision not to charge Donald Trump with insurrection, focusing instead on charges like fraud and voter suppression. They analyze why the special counsel avoided certain charges and the challenges of applying existing statutes to unprecedented events.

(00:16:30) Chapter 5: The Supreme Court’s Role and the Impact on Prosecution

The conversation explores delays caused by the Supreme Court, including its handling of presidential immunity. Karlan and Sklansky explain how these rulings affected timelines and created legal ambiguities that could influence appeals and the overall process.

(00:19:00) Chapter 6: Restoring Trust in Criminal Justice and Democracy

Karlan and Sklansky shift focus to broader implications for democracy, discussing how Trump’s prosecutions might deepen distrust in institutions. They consider paths to reform, including bipartisan efforts to reinforce the rule of law and community policing. The episode concludes with reflections on lessons from past legal leaders and the enduring relevance of Robert Jackson’s warnings about prosecutorial overreach.

18 Jan 2024Droughts, Failing Infrastructure, and Water00:28:04

Drinkable water is a precious commodity. But as population growth, aging infrastructure, drought, and climate change pose challenges to freshwater quality and quantity in America, the safety and amount of water in parts of the U.S. is in question. With more than 140,000 separate public water systems in the country, how can federal, state, and local governments, along with the various water authorities, take on this challenge alone? In this episode we hear from global water and natural resources expert Barton “Buzz” Thompson, about this new book Liquid Asset: How Business and Government Can Partner to Solve the Freshwater Crisis —and his recommendations for how to solve the freshwater crisis in the U.S.

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Chapter Timestamps:

(00:00:00) Introduction & Water's Scarcity 

Hosts Rich Ford and Pam Karlan introduce guest, Buzz Thompson, an expert in water law and author of Liquid Assets

(00:01:18) Water Challenges Today

The scarcity of fresh water globally, and the multiple crises facing water resources: uneven distribution, climate change and the depletion of groundwater resources.

(00:04:30) Water Infrastructure 

What is water infrastructure in the United States, the current state of it, and the repairs and upgrades required and being undertaken.

(00:07:14) Updating Infrastructure & 21st-Century Technology 

Examples of modern wastewater treatment methods, advocating for resource recovery centers and outlining their potential benefits by adopting 21st century technology.

(00:09:08) Fragmented Water Systems 

The complexity of water systems, & the challenges created by small water systems 

(00:12:00) Water Rights & Legal Structures 

The current legal structure of water rights in the USA,and defining the goals of both protecting water as a public resource, and a private commodity.

(00:16:25) Private Sector's Role & Future Solutions 

Buzz discusses water markets internationally, and the private sector's role in innovation, technology, and financing to bridge the gap in water management. 

(00:18:59) Challenges with Outdated Water Rights 

Rich & Buzz  discuss the challenges created by the current water rights model, and the necessity, possibilities, and challenges for legal reform.

(00:21:18) Proposal for Tradeable Water Rights 

The concept of converting existing water rights into more easily transferable ones similar to real property, in order to eliminate the current challenges.

(00:25:49) Changing a System of Water Rights

Australia's successful reform in the Murray-Darling Basin, where water rights were revamped for better tradeability and how they safeguarded the environment.

(00:27:31) Conclusion

21 Nov 2024Exploring AI in Healthcare: Legal, Regulatory, and Safety Challenges00:48:19

Artificial Intelligence holds the potential to transform much of our lives and healthcare professions are embracing it for everything from cost savings to diagnostics. But who is to blame when AI assisted healthcare goes wrong? How is the law developing to balance the benefits and risks? In this episode, Pam and Rich are joined by health policy expert Michelle Mello and Neel Guha, a Stanford JD/PhD candidate in computer science, for a discussion on the transformative role of AI in healthcare. They examine AI’s potential to enhance diagnostics and streamline workflows while addressing the ethical, legal, and safety challenges this new technology can bring. The conversation highlights the urgency of adapting regulatory frameworks, the complexities of liability among hospitals, developers, and practitioners, and the need for rigorous testing to ensure patient safety as AI integration in healthcare advances.

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(00:00:00) Chapter 1: Understanding AI in Medicine
The episode begins with a broad introduction to AI's applications in medicine. Neel Guha explains generative AI systems and their rapid advancement, including practical applications like chatbots, imaging, and decision-making tools. Michelle Mello highlights AI's widespread integration, from diagnostic tools like radiological imaging and predictive algorithms to administrative uses that aim to reduce physician burnout.

(00:07:04) Chapter 2: The Benefits and Risks of AI in Healthcare
The group explores the advantages of AI in medicine, such as enhanced diagnostic precision, reduced administrative burdens, and improved patient outcomes. Michelle Mello identifies potential risks, like automation bias, where reliance on AI might lead to unchecked errors, highlighting the tension between time-saving tools and maintaining human oversight.

(00:08:22) Chapter 3: Legal Challenges and Liability in AI-Driven Medicine
The conversation turns to the legal implications of AI in healthcare. Neel Guha outlines scenarios where AI contributes to patient harm, discussing negligence claims, product liability, and the complexity of determining accountability. Michelle Mello and the hosts analyze how liability standards might evolve, comparing AI's systematic errors to human fallibility and addressing the interplay of human-AI collaboration in preventing mistakes.

(00:14:47) Chapter 4: The Challenges of AI and Transparency in Decision-Making
The group explores parallels between medical and anti-discrimination fields in understanding machine learning's opaque decision-making. Neel Guha delves into the evolution of AI systems from rule-based programming to complex machine learning, emphasizing challenges in identifying points of failure across stakeholders like hospitals, physicians, and developers.

(00:17:35) Chapter 5: Regulation and Liability of AI in Healthcare
Michelle Mello discusses the regulatory framework for AI as a medical device, comparing outdated 1976-era regulations to modern challenges. The conversation shifts to gaps in tort liability and the risks of developers limiting their liability through contracts. Proposals for redistributing liability to incentivize better private governance are examined alongside the need for robust AI quality assurance akin to crash tests or clinical trials.

(00:23:13) Chapter 6: The Road Ahead: Balancing Innovation and Safety
The speakers analyze the distinct challenges of regulating AI across diverse healthcare environments. Neel Guha and Michelle Mello discuss adapting evaluation practices to align with AI's real-world complexities. Optimism prevails as Michelle highlights AI’s potential to address critical issues like diagnostic delays, advocating for guardrails to ensure safety without stifling innovation. The episode concludes with reflections on Stanford's interdisciplinary approach to these pressing issues.

11 Nov 2019The Women Upstarts of Silicon Valley with Julian Guthrie and M.J. Elmore00:28:01
While women make up 50+ percent of the population, they are still a minority at most tech companies—and even more so at venture capital firms, where most have no women partners. Julian Guthrie, author of Alpha Girls: The Women Upstarts Who Took on Silicon Valley's Male Culture and Made the Deals of a Lifetime, and Stanford GSB alumna M. J. Elmore, a partner at IVP venture capital and a subject of the book, join Stanford Legal co-hosts Pam Karlan and Joe Bankman to discuss VC culture and the challenges M. J. and other women had to overcome to achieve success. For more Stanford Radio and past episodes, visit: https://stanford.io/2SqmNob
25 Apr 2024AI in Government and Governing AI: A Discussion with Stanford’s RegLab00:32:07

Joining Pam and Rich for this discussion are Professor Daniel Ho and RegLab Fellow Christie Lawrence, JD ’24 (MPP, Harvard Kennedy School of Government).

Dan is the founding director of Stanford’s RegLab (Regulation, Evaluation, and Governance Lab), which builds high-impact partnerships for data science and responsible AI in the public sector. The RegLab has an extensive track record partnering with government agencies like the Environmental Protection Agency, Internal Revenue Service, the U.S. Department of Labor, and Santa Clara County on prototyping and evaluating AI tools to make government more fair, efficient, and transparent. Building on this work, the RegLab also helps agencies strengthen AI governance and operationalize trustworthy AI principles.

Christie, a third-year JD student, worked with RegLab and Stanford’s Innovation Clinic on projects to advise DOL on responsible AI and development practices and to support the work with Prof. Ho on the National AI Advisory Committee, which advises the White House on AI policy. In this interview, we’ll learn about several RegLab projects—and the importance of helping government develop smart AI policy and solutions.

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[00:00:00] Chapter 1: Setting the Stage

  • Mention of the rapid acceleration of technology and the release of ChatGPT.
  • Highlighting the risks associated with AI, such as bias and privacy concerns.
  • Discussion on the relationship between AI and governance, including recent developments in AI policy and governance.
  • Mention of the Biden administration's executive order on AI and its implications.

[00:03:04] Chapter 2: The Role of Reg Lab and Collaboration with the IRS

  • Explanation of the Reg Lab and its purpose.
  • Discussion on the need for government agencies to modernize their technology infrastructure.
  • Overview of the collaboration with the IRS to improve tax evasion detection using machine learning.
  • Discovery of disparities in auditing rates and subsequent IRS reforms.
  • Highlighting the intersection of AI, social justice, and government practices.

[00:09:12] Chapter 3: Student Perspective

  • Christie Lawrence shares her experience working on AI policy at Stanford Law School.
  • Discussion on bridging the gap between policy, law, and technology.
  • Impactful work done by students in collaboration with government agencies.

[00:11:38] Chapter 4: AI and Social Justice

  • Pam Karlan's experience with AI issues in the Justice Department's Civil Rights Division.
  • Examples of algorithmic discrimination and its implications for social justice.
  • Discussion on the challenges of addressing AI-related issues in government practices.

[00:23:55] Chapter 5: Future Directions

  • Optimism about the future of AI governance and the recent executive order's impact.
  • Anticipation of legislative proposals and state-level initiatives in AI regulation.
  • Importance of maintaining an open innovation ecosystem and addressing talent gaps in government agencies.

[00:25:55] Chapter 6: Audience Questions
 

08 Dec 2018Barriers to Voting with Rabia Belt00:27:44
Stanford Legal with Pam Karlan & Joe Bankman: "Voting Rights for Felons and the Disabled with guest Rabia Belt" During each election, people with disabilities across the country face hurdles to casting their votes while thousands of formerly-incarcerated citizens are barred completely from this essential democratic act. Assistant Professor of Law Rabia Belt discusses voting rights for people with disabilities and the formerly incarcerated. Originally aired on SiriusXM on December 8, 2018. Recorded at Stanford Video.
29 Feb 2024Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US00:34:37

When does life begin? In this episode of Stanford Legal, co-hosts Rich Ford and Pam Karlan dig into the recent decision by the Alabama Supreme Court that has sent shockwaves through the fertility treatment community. The ruling, which considers frozen embryos as children under state law, has wide-ranging implications for in vitro fertilization (IVF) practices. Bioethics and law expert Hank Greely joins the discussion, providing insights into the background of the case, its legal implications, and the potential ramifications for IVF clinics and patients in Alabama—and throughout the country. The conversation highlights the intersection of law, medicine, and ethics, revealing the complex challenges surrounding embryo rights and reproductive freedoms.

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(00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

  • Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

(00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

  • Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

(00:08:21) Chapter 3: Understanding Frozen Embryos

  • Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

(00:14:05) Chapter 4: Legal and Ethical Concerns

  • Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

(00:26:49) Chapter 5: Gender and Control Over Reproduction

  • Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

(00:33:29) Chapter 6: Political Ramifications and Predictions

  • Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.
15 Aug 2022The Fight to Save the Town: Reimagining Discarded America with Michelle Wilde Anderson00:27:55
Urban law expert Michelle Wilde Anderson discusses her new book, The Fight to Save the Town: Reimagining Discarded America, which looks at how local leaders are confronting government collapse in four blue-collar American communities—and the progress they are making against some of the seemingly intractable problems of poverty.
27 Sep 2021The Future of Afghanistan and the Rule of Law00:27:58
In 2007, Erik Jensen, helped launch the Afghanistan Legal Education Project, a collaboration with with Stanford Law School and the American University in Afghanistan to build a high quality legal program for Afghan law students. Today, dozens of Afghan men and women count themselves as graduates—lawyers critical to building the legal infrastructure so badly needed in Afghanistan. But what will happen to the country—and those dedicated to law and civil society—under the new Taliban regime? In this episode, Jensen discusses the abrupt withdrawal of American forces from Afghanistan and the prospects of the still struggling country.
01 Jun 2020Local Government during the COVID-19 Crisis: A Conversation with San Francisco Supervisor Matt Haney00:28:01
As one of the first municipalities in the nation to declare a shelter in place order, San Francisco has been on the frontline as a public policy leader during the COVID-19 crisis. Join us for a discussion with Board Supervisor Matt Haney about the challenges facing the City by the Bay, from the decision to shut down, to controlling the disease for all citizens including the growing homeless population, to how to open up schools and businesses safely. Originally aired on SiriusXM on May 30, 2020.
27 Apr 2020Regulating in a Pandemic: COVID-19 Legal Issues with guest Michelle Mello00:28:01
As the number of COVID-19 cases across the U.S. continues to rise, with shelter in place orders in place throughout most of the country, America’s preparedness for a pandemic has been thrown into question. What went wrong with testing and protective gear, and why are we still behind? Can tech help the country safely open up again? And who is in charge—the president or the governors? Health law expert Michelle Mello joins the show today to discuss these developing issues.
03 Feb 2019A Conversation with ACLU Staff Attorney Katrina Eiland, JD '1000:28:25
Katrina Eiland, JD ’10, serves as a staff attorney with the ACLU's with the Immigrants’ Rights Project. She discusses the Trump administration's termination of DACA, family separation and more during a live taping of the “Stanford Legal” podcast. For past episodes, visit: https://stanfordradio.stanford.edu
01 Feb 2021Vaccines, Testing, and President Biden's Plan to Tackle COVID-1900:27:58
As deaths from COVID-19 surge to the half million mark, health law expert and Stanford Professor Michelle Mello joins Pam and Joe to discuss the many challenges facing the new Biden administration in getting control of the pandemic in the U.S.
09 Nov 2023Expert Insights on Trump Indictments from David Sklansky00:28:17

The many indictments against Donald Trump, former president and current Republican frontrunner for the 2024 presidential contest, have left many scratching their heads. Is the Florida documents case more important than the Georgia election interference one? Is it all just political theatre, or is this serious? Here to help make sense of it is former prosecutor and criminal law expert David Alan Sklansky, who joins Pam and Rich for this episode about the criminal cases against Trump and how they might play out in this critical campaign year. From the intricacies of witness testimonies to the strategic implications for co-defendants, this episode touches on the unprecedented challenges faced by judges, lawyers, and the American legal system.

This is the first episode of the newly-relaunched Stanford Legal podcast;  make sure you're following so you don't miss an episode!

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Chapters:

(00:00:00) Introduction

Rich Ford and Pam Karlan reintroduce the Stanford Legal podcast after a hiatus, as well as guest David Alan Sklansky. Overview of the four major criminal indictments against Trump.

(00:05:02) Severity and Strength of Charges

Analysis of the seriousness of charges & assessment of the legal strengths of different cases, highlighting the Florida case as particularly challenging for Trump.

(00:07:25) Trump's Trial Strategies

Prediction of strategies to delay the trials, including attempts to change judges, create discovery disputes & Trump's courtroom absence during the trials.

(00:12:05) The Judges Navigate Trump’s Cases

Sklansky discusses the particular challenges the judges are facing presiding over these trials.

(00:15:04) Ensuring an Unbiased Jury

Discussion on the difficulty of finding jurors unafraid to participate due to potential threats or intimidation. Insight into the legal system's approach to selecting jurors and the importance of reasoned deliberation.

(00:18:12) Trump’s Codefendants

Analysis of co-defendants in the cases, highlighting the New York and Georgia indictments. 

(00:22:24) Strategic Implications of Conviction

Discussion on how trial outcomes may influence co-defendants' decisions & their repeated testimonies and its impact on legal proceedings.

(00:24:18) Legal Representation Challenges

Examination of co-defendants' legal representation, including lawyers paid by the Trump campaign, as well as the intersection of cases, and unprecedented  consequences.

(00:26:30) March to Trial and Democracy's Future

Discussion on the anticipation of the D.C. election fraud trial in March and its historical significance.

25 Nov 2019New Study On Gun Carry Laws and Violent Crime with guest John Donohue00:27:29
Pam and Joe welcome John Donohue, Stanford Law Professor, who talks about his new research looking at concealed carry gun laws and the Assault Weapons Ban. Originally aired on November 22, 2019
15 Jun 2020The Challenges of Cases Against the Police with Attorney David Owens00:28:01
The recent killings of unarmed black men in police custody, including George Floyd in Minnesota, have once again sparked outrage and protests across the country and world. In this episode, David Owens, an attorney who has represented clients in several high profile police brutality cases, joins us to talk about the challenges that victims, their families, and their attorneys face when bringing cases against the police. David is a partner at Loevy & Loevy. His practice is national, representing clients from Washington and California, Wisconsin and Illinois, and throughout the South. He is dedicated to zealous, client-centered advocacy on behalf of those seeking vindication for the violation of their civil rights and focuses on cases involving wrongful convictions, police shootings and other excessive force, false arrests, free speech rights, race discrimination, and other violations of the U.S. Constitution. David is also a Lecturer in Law at the University of Chicago, where he co-teaches in the school’s world-famous pro bono wrongful conviction clinic, The Exoneration Project.
01 Apr 2021Classifying Crimes as Violent and What it Means for Justice00:28:26
In this episode David Sklansky, a criminal law expert and former federal prosecutor, discusses his new book A Pattern of Violence: How the Law Classifies Crime and What It Means for Justice, which traces central failures of criminal justice, including mass incarceration and high rates of police violence, to legal ideas about violence—its definition, its causes, and its moral significance. David also discusses the criminal investigations of former president Donald Trump in New York and Georgia.
30 Aug 2021California Burning: Fire, Drought, and Climate Change00:28:04
Western states are once again in severe drought with water in short supply. And California’s fire season is starting earlier and causing more devastation, with the Dixie fire, the second largest in the state’s history, still growing after destroying almost 750,000 acres. In this episode, a leading national water law expert Buzz Thompson joins us to discuss fires, water, and climate change.
28 Mar 2024"Beware Euphoria: Unraveling America's Drug War"00:30:43

Dive into the complex history of America's drug war with George Fisher, former Massachusetts Attorney General and acclaimed scholar of criminal law. In his latest book, "Beware Euphoria," Fisher explores the moral and racial dimensions of drug prohibition, challenging conventional narratives. Join the conversation on Stanford Legal as Fisher discusses the impact of racial justice movements on drug policy, including the legalization of cannabis, offering profound insights into a contentious issue shaping legal and social discourse.

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(00:00:00) Chapter 1: The Origins of Drug Prohibition 

  • Podcast guest, George Fisher, traces the history of drug prohibition, highlighting the departure of cannabis use from medical preservation. He also discusses the 19th-century roots of drug prohibition, particularly the moral concerns driving the anti-drug laws.

(00:11:42) Chapter 2: Racial Narratives and Mass Incarceration

  • Rich Ford discusses the common narrative linking mass incarceration to the war on drugs and its alleged racial motivations. Fisher challenges this narrative, arguing that early drug laws were about protecting whites' moral purity rather than targeting people of color. The conversation explores the racial dynamics of early drug laws, emphasizing the racism of indifference rather than explicit targeting.

(00:20:20) Chapter 3: Moral Valence of Mind-Altering Drugs 

  • Fisher delves into the historical moral perceptions of mind-altering drugs, tracing back to Early Christian notions of reason and morality.He explains why certain drugs, like opium and later marijuana, were seen as threats to moral character, while alcohol was treated differently due to its varied uses.

(00:26:15) Chapter 4: Legalization of Marijuana and Racial Justice 

  • The conversation shifts to the legalization of marijuana, highlighting its historical bans and recent movements towards legalization. Concerns about the increasing potency of marijuana and its potential backlash are explored, suggesting a need for careful regulation and messaging.

(00:30:19) Conclusion: Closing Remarks

  • Rich Ford wraps up the conversation with George Fisher discussing insights and emphasizing the importance of discussing the ongoing struggle with drugs and intoxicants.
10 Nov 2018The Supreme Court After Kennedy with Dahlia Lithwick, Part 100:26:12
Stanford Legal with Pam Karlan & Joe Bankman: The Supreme Court after Kennedy (part 1) with guest Dahlia Lithwick Dahlia Lithwick, JD ’96, senior editor for Slate, joins co-hosts Pam Karlan and Joe Bankman for a lively discussion about reporting on the Supreme Court and changes to it after Justice Kennedy’s retirement. Originally aired on SiriusXM on November 10, 2018. Recorded by Stanford Video.
18 May 2020A Path Back to Normal? Previewing the New Google-Apple COVID-19 Contact TracingTools00:27:42
Early in May, tech competitors Google and Apple shared sample code for their new contact tracing technology. Hopes are high that apps developed with partnership's technology will help to slow the spread of COVID-19 by using Bluetooth technology in cell phones to contact trace infection. Consulting Director of Privacy at the Stanford Center for Internet and Society joins Pam and Joe to discuss the new tools and privacy concerns surrounding tech in contact tracing
18 Jan 2021Election 2020: False Allegations of Fraud and Incitement to Insurrection with Nate Persily00:27:56
President Trump lost the November, 2020 election but has refused to concede, instead stoking the flames of anger in his supporters by spreading false claims of a stolen election. In this episode, voting law expert Nate Persily joins Pam and Joe to discuss the 2020 election—and why it is considered by experts and government officials alike to have been fair and free of fraud.
15 Aug 2022The New Supreme Court and Its Blockbuster Term with Pamela Karlan00:28:04
Pam Karlan, one of the nation’s leading experts on law and voting and the political process, discusses the new conservative-majority Supreme Court—and the potential consequences of its blockbuster term, including the decision to overturn Roe v. Wade.
06 Dec 2024The Presidential Pardon Power, from Biden and Trump to Ancient Kings00:26:20

Presidential pardons are in the headlines again after President Joe Biden’s pardon of his son Hunter. But the vast majority of presidents have used this awesome power, which was enshrined in the Constitution at the founding of the country and dates back to 7th Century English monarchs. What are the issues at play with modern presidential pardons? What does history tell us about this practice? Our guest this week is Stanford Law Professor Bernie Meyler, a scholar of British and American constitutional law and of law and the humanities and author of the book Theaters of Pardoning. She joins Pam and Rich for a discussion of high-profile pardons like Hunter Biden and Donald Trump’s allies to broader issues of mercy, justice reform, the implications of pardons in polarized politics, their historical roots, and ideas for reform.
 

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(00:00:00) Chapter 1: The Origins and Evolution of the Pardoning Power
Hosts Pam Karlan and Rich Ford welcome guest Bernie Meyler. The discussion opens with a look at the historical roots of the pardoning power, tracing its lineage from the divine rights of kings in England to its adaptation in American democracy. Key examples include early English judicial pardons, debates at the U.S. Constitutional Convention, and George Washington's use during the Whiskey Rebellion. The chapter closes with insights into President Trump's controversial approach to pardons, likened to monarchical practices of wielding power above the law.

(00:05:04) Chapter 2: Legal Boundaries and Contemporary Issues in Pardoning
This chapter examines the legal limits of the president's pardoning power, such as the inability to pardon state crimes, and the various forms pardons can take. The conversation pivots to notable recent pardons, including Hunter Biden's, sparking a discussion about blanket pardons versus specific ones and their implications on guilt and historical accountability.

(00:14:24) Chapter 3: Pardons, Polarization, and Public Perception 

The discussion shifts to the broader context of pardons, their declining use, and the influence of public opinion. The hosts analyze the risks of granting pardons and compare historical uses of the power, such as Washington’s Whiskey Rebellion pardons, to modern examples like January 6th.

(00:21:02) Chapter 4: Reforming the Pardon Process in a Divided Society 

The group explores potential reforms to the pardon process, suggesting ways to make it more democratic and transparent. Meyler discusses citizen panels and their role in ensuring fairness, while reflecting on the challenges of polarized politics.

07 Dec 2023Mass Shootings and Guns: Examining the Court’s Interpretation of the Right to Bear Arms and the Consequences of Gun Laws in the US00:28:53

In this episode, Pam Karlan and Rich Ford explore recent 2nd Amendment Supreme Court cases, the evolution of gun laws, and the implications of increased gun accessibility in the U.S. Joined by John Donohue, an empirical researcher who is an expert on firearms and the law, they discuss the proliferation of guns and automatic weapons, which make the US an outlier among Western countries for its mass killings, and the ways in which gun laws have made the U.S. more deadly—including for law enforcement. 

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Chapters:

(00:00:00) Introduction 
Pam Karlan introduces the episode, highlighting the recent surge in mass shootings in the US, and introduces this week’s guest, John Donahue, one of the nation’s leading experts on firearms and the law.

(00:01:16) Proliferation & Access to Assault Weapons in America
The impact of the termination of the federal assault weapon ban in 2004 on mass shootings and a comparison to other nations restrictions on these weapons.

(00:05:07) Supreme Court and the Rahimi Case
Analyzing the Rahimi case and its implications regarding the possession of weapons under restraining orders and the Supreme Court's evolving stance on gun rights.

(00:06:37) The Gun Lobby & the Republican Party
Exploring the relationship between the gun lobby, manufacturers, and republicans and the effects this evolving relationship has had since the mid nineties.

(00:13:10) Constitutional Shifts 
The transformation in Second Amendment interpretations from the 1930s to the recent Bruen case, exploring the Supreme Court's methodology and its implications for gun regulations and the Rahimi decision before them now.

(00:15:40) Frozen Interpretations 
The historical context of the Second Amendment, the oddity of freezing it, and how the current context challenges the applicability of historical Second Amendment interpretations.

(00:19:05) Broader Implications 
The broader spectrum of issues stemming from the proliferation of access to firearms and the growing lethality of weaponry, including rising firearm-related suicides and homicides.

(00:24:05) Bruen & Gun Laws 
The effect of the Bruen case on laws like restraining immediate access to weapons, and safe storage laws

(00:26:08) Law Enforcement & Gun Proliferation
John explains how the proliferation and of firearms has affected the polices ability to clear violent crimes, and increases police involved shootings

(00:28:31) Conclusion

27 Apr 2020Democracy During a Pandemic: Securing the 2020 Presidential Election with guest Nate Persily00:28:01
With a vaccine and effective treatment still months away, it is increasingly likely that the COVID-19 pandemic will fundamentally change the 2020 presidential election. After the Wisconsin primary in April reportedly to low turnout and, as recently was reported, the spread of the virus, can in-person voting happen safely? Is mail-in balloting the answer? Here to help us understand how a secure November election can be planned is election law expert Nate Persily. Originally aired on SiriusXM on April 25, 2020.
09 May 2024Stanford's David Sklansky on Trump's Many Trials00:27:42

Criminal law expert and former federal prosecutor David Sklansky joins Pam and Rich to discuss the New York trial and other cases against former president Trump. From state prosecutions to federal cases, they analyze the defense and prosecution strategies and implications of each trial, shedding light on the legal challenges facing Trump, the first current or former president in U.S. history to face criminal charges.

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[00:00:00] Chapter 1: Progress and Impact of the New York Trial

  • Discussion of Donald Trump’s ongoing trial in New York related to hush money payments.
  • Focus on the efficiency of jury selection and trial progress.
  • Analysis of the impact of trial pace on prosecution's case.
  • The role of trial speed in influencing juror perceptions.

[00:04:48] Chapter 2: Trump's Response and Gag Order

  • Trump's response to the trial and constraints of the gag order.
  • Effectiveness of the gag order in curbing Trump's behavior.
  • Discussion on Trump's criminal contempt and its implications.
  • Analysis of potential consequences and judicial response.

[00:08:58] Chapter 3: Case Strength/Strategy and Jury Perception 

  • Evaluation of the strength of the case and potential challenges.
  • Impact of jury perception on the trial outcome.
  • Insight into trial strategy regarding witness sequencing.
  • Discussion on the prosecution's approach to witness testimony.

[00:19:45] Chapter 4: Supreme Court's Role and Case Complexity

  • Discussion on the Supreme Court's involvement in pending cases.
  • Analysis of case complexity and its impact on trial timelines.

[00:22:56] Chapter 5: Challenges in the Mar-a-Lago Case 

  • Examination of challenges and delays in the Mar-a-Lago case.
  • Analysis of trial judge's management and potential trial outcomes.

[00:25:49] Chapter 6: Potential Trial Outcomes and Implications 

  • Discussion on potential trial outcomes and their implications.
  • Overview of civil cases against Trump and their significance.
23 May 2024The Legacy of Brown v. BOE: Success or Failure?00:31:29

In this episode, Rich and Pam discuss the successes and failures of Brown v. Board of Education with their colleague, Rick Banks. Marking the 70th anniversary of the landmark Supreme Court decision, they look at its impact on Jim Crow segregation and the ongoing challenges in achieving educational equality in the U.S. Banks offers a critical analysis of the effectiveness of Brown in integrating American primary and secondary education and explores alternative approaches to further racial and socioeconomic integration in schools.

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(00:00:00) Chapter 1: Introduction and Significance of Brown vs. Board of Education
Introduction to the podcast and the topic of Brown vs. Board of Education. Discussion on the transformative impact of Brown on American society and its less effective impact on primary and secondary education.

(00:02:36) Chapter 2: Initial Impact and Challenges of Brown
Exploration of the immediate aftermath of the Brown decision, including the decade of minimal desegregation and the eventual legislative push in the 1960s. Mention of personal anecdotes highlighting the slow progress.

(00:06:35) Chapter 3: Massive Resistance and Supreme Court’s Role
Discussion on the era of massive resistance to desegregation, the role of the Southern Manifesto, and the Supreme Court's strategic avoidance of direct intervention. Examination of the lingering effects of this period on the present educational landscape.

(00:10:16) Chapter 4: Socioeconomic Disparities and School Segregation
Analysis of the ongoing economic inequality and its impact on school segregation. Comparison between Northern and Southern school desegregation efforts, with specific examples from Detroit and Charlotte.

(00:14:45) Chapter 5: Legal and Structural Barriers to Integration
Examination of legal decisions such as Milliken and San Antonio vs. Rodriguez that reinforced segregation and funding disparities. Discussion on the narrow scope of Brown and its consequences.

(00:18:58) Chapter 6: Integration vs. Educational Quality
Debate on the merits of integration versus focusing on educational quality through alternative methods such as charter schools and vouchers. Consideration of the mixed outcomes of these approaches.

(00:22:19) Chapter 7: Parental Responsibility and Systemic Solutions
Reflection on the burden placed on parents to seek better education through choice programs. Comparison to historical figures who fought for desegregation. Discussion on the need for systemic solutions rather than relying solely on choice.

(00:25:02) Chapter 8: Future Directions and Pragmatic Solutions
Call for a mix of approaches to improve education, combining integration efforts with initiatives focused on educational quality. Emphasis on the importance of experimentation, evidence collection, and open-minded evaluation of educational policies.

02 Sep 2019Law and Access to Education with Bill Koski00:27:59
Access to quality education is important to everyone. But what does that mean if you live in the wrong zip code or have a disability? How do we define a quality education? How is the law developing in this area? Listen in as Stanford Law’s Bill Koski discusses this vital right in a live taping of the Stanford Legal podcast. Originally aired on SiriusXM on August 31, 2019. Recorded at Stanford Video.
04 Jul 2024Jennifer Chacón Discusses the Failures of U.S. Immigration Policy and How the Law is Developing00:28:20

Control of the border and illegal immigration are again in the headlines and the centerpiece of a divisive presidential campaign. Here to help make sense of recent legal successes and failures is immigration law expert Jennifer Chacón, the Bruce Tyson Mitchell Professor of Law at Stanford. The author of the new book, Legal Phantoms: Executive Action and Haunting Failures of Immigration Law, which offers insights into the human stories and governmental challenges shaping contemporary immigration debates, Chacon discusses the complexities of immigration policy,  its intersection with constitutional law, criminal law, and societal perceptions of identity and belonging.

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(00:00:00) Chapter 1: Introduction and Background 

Pam Karlan introduces the show and today’s guest, Jennifer Chacón, highlighting her research and recent book on immigration law, Legal Phantoms.

( 00:02:26) Chapter 2: The Stalemate of Immigration Reform 

Rich Ford addresses the lack of progress in comprehensive immigration reform. Jennifer Chacón details the initial aim of her research project to study the implementation of Senate Bill 744.The shift in focus to executive actions by President Obama after the bill’s failure, including the Deferred Action for Parents and DACA expansion programs.

(00:07:05) Chapter 3: Understanding Deferred Action

Jennifer Chacón explains deferred action and its implications for individuals lacking legal status, plus the significance of work authorization and the temporary nature of deferred action programs.

(00:10:38) Chapter 4: Personal Stories and Community Impact 

Jennifer Chacón shares insights from her interviews with long-term residents about their perceptions of border policy and local enforcement and the varied perspectives of immigrants on the issues of border control and local government actions.

(00:17:06) Chapter 5: Future of Immigration Reform 

Rich Ford inquires about potential reforms, and Jennifer Chacón emphasizes the interconnectedness of border policy and long-term resident solutions. They discuss the Biden administration’s recent announcements and their implications. Jennifer Chacón shares her view on the political challenges and ideal legislative changes for addressing immigration issues.

01 Aug 2022What have we learned so far from the January 6 hearings, with Robert Weisberg00:27:59
What have we learned from the Congressional hearings into the January 6 storming of the Capitol and then-President Donald Trump's attempts to overturn the 2020 presidential election? Join Stanford criminal law expert Professor Robert Weisberg for a discussion of the hearings—what we learned and who might face criminal charges.
12 Oct 2020What is the Electoral College and is it Fair? with guest Jack Rakove00:27:50
The Electoral College is a uniquely American system, with electors in each state choosing our president rather than the popular vote. After two recent presidents lost the popular vote but won the Electoral College (Bush and Trump), is it outdated and unfair? In this episode, Stanford historian Jack Rakove joins Pam and Joe to discuss the history and present-day relevance of the Electoral College.
18 Jul 2024David Sklansky on Judge Cannon's Controversial Case Dismissal and Trump's Legal Battles00:34:32

Will the three remaining cases against former president Donald Trump ever get to trial? After Judge Cannon's controversial dismissal of charges in the classified documents case—and the Supreme Court's presidential immunity decision—the question is not so obvious. In this episode, criminal law expert David Sklansky joins Pam and Rich to discuss these two earthquake decisions, Special Prosecutor Jake Smith's appeal of Judge Cannon's decision, and the ongoing legal battles surrounding Trump.

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(00:00:00) Introduction and Overview

Introduction to the podcast, Professor David Sklansky, and overview of the topics: Judge Cannon's decision, special master appointment, and Supreme Court's recent decision on immunity.

(00:01:43) Judge Cannon's Decision and Rationale

Discussion on Judge Cannon's rationale for dismissing the classified documents case, the 11th Circuit's reversal, and the extraordinary nature of her decision.

(00:04:12) Special Counsel Appointment and Historical Context

Examination of the reasoning behind appointing a special counsel, Judge Cannon's strained statutory interpretations, and the long history of appointing special counsels.

(00:07:23) Analysis of Previous Controversial Rulings

Review of Judge Cannon's earlier controversial ruling about appointing a special master, the 11th Circuit's reversal, and consistency in historical interpretations.

(00:13:42) Unitary Executive Theory and Accountability

Discussion on the unitary executive theory, potential motivations behind Judge Cannon's rulings, and whether the case is about presidential accountability or diffusing responsibility.

(00:21:05) Supreme Court's Immunity Decision and Future Implications

Analysis of the Supreme Court's decision to remand the election interference case, challenges and potential outcomes, and the impact on the Manhattan case involving official acts.

15 May 2019Fuel Economy Standards and the Law with Professor Deborah Sivas and SLS student Ben DeGolia00:28:02
Cars and trucks account for nearly one-fifth of U.S. greenhouse gas emissions. But fuel economy standards intended to limit their impact have been challenged by the current administration, setting the stage for a legal battle. Tune in to a live taping of the Stanford Legal podcast as environmental law expert Professor Deborah Sivas and student Ben DeGolia discuss. For more Stanford Radio and past episodes, visit: https://stanford.io/2SqmNob
01 Feb 2024The Constitution, Trump, and the Struggles of US Courts to Interpret History with Jack Rakove00:25:47

Important questions regarding Trump: can he be prosecuted for criminal wrongdoing when he was serving as president, whether the two impeachment trials matter, and if Colorado’s decision to disqualify him from the state’s primary ballots is constitutional. Pulitzer Prize winning historian Jack Rakove joins Pam and Rich for a discussion on the U.S. Constitution, originalism, charges against former president Donald Trump, and the role of historians in constitutional litigation.

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29 Aug 2022Mishandling of Top-Secret Government Documents and the Mounting Legal Challenges Facing Donald J. Trump with David Sklansky00:36:40
Criminal law expert David A. Sklansky discusses the August 8 search by the FBI of Donald J. Trump’s Florida residence and the legal implications of news reports that the former president took more than 700 pages of classified documents, including some related to the nation’s most covert intelligence operations, to his private club.
22 Jul 2019Supreme Court: A Crucial Year for Democracy with Pam Karlan and Brian Fletcher00:28:02
Professor Pamela Karlan and Brian Fletcher discuss gerrymandering, the 2020 census, and two of the most important decisions from the Supreme Court’s recent term. For more Stanford Radio and past episodes, visit: https://stanford.io/2SqmNob
18 May 2020Can Bankruptcy Help Companies Weather the COVID Crisis?00:27:58
On May 4, J.Crew became the first major American retailer to file for bankruptcy, with Neiman Marcus and Gold’s Gym quickly following. With unemployment at record levels and a wave of bankruptcies expected, the COVID-19 health crisis is quickly turning into an economic crisis—despite the CARES Act passed by Congress in April. In this episode of Stanford Legal, bankruptcy law expert and Stanford Law Professor George Triantis explains how current U.S. bankruptcy laws can help us through this crisis and offers his recommendations on what more the government can do.
13 Jul 2019Creating a Social Media Oversight Board for Content Decisions with guests Nate Persily and Madeline Magnuson00:27:59
Nate Persily, election law and free speech expert, discusses his Stanford research practicum that looks at critical issues in creating a social media oversight board for content decisions. Stanford Law student Madeline Magnuson joins the conversation. Originally aired on SiriusXM on July 6, 2019. Recorded at Stanford Video.

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