Lawyer 2 Lawyer

Attorney J. Craig Williams and Legal Talk Network
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Sep 30, 2016 • 34min

The DEA, Schedule 1, and Marijuana

In a recent decision, the Drug Enforcement Administration ruled that marijuana will remain a Schedule 1 substance under the Controlled Substances Act. Substances in Schedule 1 are determined by the Food and Drug Administration to be drugs with no currently accepted medical use and a high potential for abuse.   On Lawyer 2 Lawyer, host J. Craig Williams joins Paul Armentano, deputy director of NORML and Ben Cort, business development manager for the Center for Addiction Recovery and Rehabilitation (CeDAR), to discuss the recent decision by the DEA to keep marijuana on the Schedule 1 list. They will talk impact, the legalization of marijuana, manufacturing marijuana for scientific purposes, and what the future holds on this controversial topic. Paul Armentano is deputy director of NORML, and the National Organization for the Reform of Marijuana Laws, and a senior policy advisor at Freedom Leaf, Inc: The Marijuana Legalization Company. He is the co-author of the book “Marijuana is Safer: So Why Are We Driving People to Drink?” Paul was also the principal investigator for defense counsel in U.S. v Schweder, the first federal evidentiary since 1973 hearing to challenge the constitutionality of cannabis as a schedule I controlled substance. Ben Cort is business development manager for the Center for Addiction Recovery and Rehabilitation (CeDAR), part of the University of Colorado Health system. Ben’s passion for recovery, prevention and harm reduction comes from his own struggle with substance abuse. Sober since 1996, Cort is also a junior fellow at the University of Florida’s Drug Policy Institute and serves on the boards of Project SAM (Smart Approaches to Marijuana) and the Stout Street Foundation. Special thanks to our sponsor, Clio.
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Sep 16, 2016 • 32min

Legal Issues Facing Our Veterans

After our veterans return from combat or active duty, they can face a host of legal issues upon returning to the reality of home. From homelessness stemming from evictions and foreclosures to child custody disputes to problems with benefits, veterans can have various legal needs due to their lengthy separation from home and are in need of assistance. But there is help for these individuals and the legal community is making strides in assisting our veterans in these legal disputes. On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join attorney Richard V. Spataro, director of training and publications for National Veterans Legal Services Program and Robert Liscord, veteran legal services outreach coordinator and paralegal for Pine Tree Legal Assistance, as they take a look at various legal issues facing our veterans. They will discuss legal needs and how attorneys and organizations are assisting veterans with their legal issues. Special thanks to our sponsor, Clio.
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Sep 2, 2016 • 31min

Law Enforcement and the Use of Robots

In July, a sniper, later identified as Micah Xavier Johnson, opened fire at a march against fatal police shootings, held in downtown Dallas, Texas, killing 5 police officers and wounding many others. After a 45 minute gun battle and hours of negotiation with the sniper, who was holed up in a parking garage, Dallas Police Chief David Brown gave an order to his SWAT team to come up with a plan to end the mayhem before more police officers were killed.   This led to the use of as robot, the Remotec Androx Mark V A-1, manufactured by Northrup Grumman and a pound of C-4 explosive, which was sent in eventually killing the sniper. Today on Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi  join attorney Edward Obayashi, deputy sheriff and legal advisor for the Plumas County Sheriff's Office and Dr. Peter Asaro,  assistant professor and director of graduate programs for the School of Media Studies at the New School for Public Engagement, as they take a look at the recent tragedy in Dallas,  the use of robots by law enforcement, criticism, ethics, policy, and regulation when it comes to the use of robots. Attorney Edward Obayashi is deputy sheriff and legal advisor for the Plumas County sheriff's office and a licensed attorney in the State of California. Ed’s law office specializes in providing law enforcement legal services to California law enforcement agencies and he also serves as the legal advisor and a legal consultant for numerous law enforcement agencies in California. His duties include patrol, investigations, administration, training, and providing legal advice to department management and personnel. Dr. Peter Asaro is a philosopher of science, technology, and media. Dr. Asaro is assistant professor and director of graduate programs for the School of Media Studies at the New School for Public Engagement in New York City. He is the co-founder of the International Committee for Robot Arms Control and has written on lethal robotics from the perspective of just war theory and human rights. Dr. Asaro's research also examines agency and autonomy, liability and punishment, and privacy and surveillance as it applies to consumer robots, industrial automation, smart buildings, and autonomous vehicles.
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Aug 17, 2016 • 34min

Inside “Making a Murderer” and the Steven Avery Trial

Update: Brendan Dassey, nephew to Steven Avery, the primary defendant from the "Making a Murderer" series on Netflix had his conviction for murder, rape, and mutilation of a corpse overturned by U.S. Magistrate Judge William E. Duffin of the US District Court for the Eastern District of Wisconsin last Friday. This episode was recorded shortly before the development. Back on October 31st of 2005, a young photographer named Teresa Halbach went missing. Teresa’s last meeting had been with Steven Avery, on the grounds of Avery's Auto Salvage in Manitowoc County, Wisconsin. Teresa’s remains were later found on the grounds of Avery’s home and family business. Avery was well known to law enforcement and had previously served a lengthy prison sentence for rape and attempted murder from which he  was later exonerated on DNA evidence. What transpired inspired the extremely popular Netflix series “Making a Murderer,” directed by Laura Ricciardi and Moira Demos. The series spotlights Steven Avery and his quest for justice after claims that he was wrongfully accused in the murder of Teresa Halbach. In 2005, Steven Avery was arrested for the murder of Teresa Halbach, and was ultimately represented by Wisconsin attorneys, Dean Strang and Jerry Buting. Strang and Buting presented their case and their defense strategy, bringing to light alleged tampering and planting of evidence by police. After a whirlwind of a trial, the verdict came back guilty, sending Steven Avery to jail for life without the possibility of parole. As Steven Avery sits in jail, a new attorney has taken over his case and Steven hopes for a new trial and maybe one day his freedom. On this special episode of Lawyer 2 Lawyer, host Bob Ambrogi joins Dean Strang, former defense attorney for Steven Avery, and Peter Linton-Smith, a former television news reporter who covered the Avery trials, as they discuss the popular Netflix series, “Making a Murderer.” Dean and Peter  offer inside perspectives and get the latest on Steven Avery and his quest for a new trial and justice under a new attorney. Dean Strang is a lawyer in Madison, Wisconsin, at the firm Strang Bradley, LLC. He is best known for his work as one of Steven Avery's trial lawyers, as well as for his first book, "Worse Than the Devil: Anarchists Clarence Darrow, and Justice in a Time of Terror." Mr. Strang served five years as Wisconsin’s first federal defender and co-founded Strang Bradley, LLC. He is an adjunct professor at Marquette University Law School, the University of Wisconsin Law School, and University of Wisconsin's Division of Continuing Studies. Mr. Strang is a member of the American Law Institute and serves on several charity boards, including the Wisconsin Innocence Project. His second book will be published in early 2018. Peter Linton-Smith was a television news reporter for 24 years covering primarily courts (1988-2012). Peter has covered cases ranging from first degree murder, wrongful death, products liability, copyright dispute, employment and labor disputes. Peter has covered Steven Avery, both his civil and criminal case from 2003-2007. Peter is currently employed at Leventhal & Puga in Denver, Colorado. If you want more on "Making a Murderer," check out the Defending Brendan Dassey of “Making a Murderer” Planet Lex episode, when Dassey's appeal attorneys discuss what it was like defending him. Special thanks to our sponsor, Clio.
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Aug 5, 2016 • 28min

The Legal Issues Surrounding Pokémon Go

The Pokémon Go App developed by Niantic is the latest craze sweeping the world. The location-based augmented reality mobile game/app produced 15 million downloads in just the first week. The game allows players to capture, battle, and train virtual creatures, called Pokémon, who appear on device screens as though in the real world. Unfortunately, this popular app has caused some trouble amongst gamers and has created a big threat to public safety. Trespassing on property, muggings, driving distracted, walking into traffic, and falling from cliffs are just some of the incidents stemming from the use of this app. In addition, businesses are attracting customers by adding fantasy characters to their stores, so the implications for liability have increased. On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join professor Adam Thimmesch, an assistant professor of law at the University of Nebraska College of Law and attorney Brian Wassom from the firm Honigman Miller Schwartz and Cohn LLP as they discuss the Pokémon Go App. They look at the very real legal implications surrounding this popular app, incorporating reality into a fantasy world, and whether Pokémon Go is here to stay or simply a passing fad. Professor Adam Thimmesch is an assistant professor of law at the University of Nebraska College of Law. Adam focuses his research on the impact of modern technology and markets on existing legal doctrines, with a particular emphasis on tax policy and the regulation of interstate commerce Attorney Brian Wassom is from the firm Honigman Miller Schwartz and Cohn LLP. Brian is the leader of the firm’s social, mobile and emerging media industry group and is a litigator with 15 years of experience focusing his practice on intellectual property matters related to copyright, trademark, trade dress, and publicity rights. He also handles many other types of complex commercial litigation cases, including invasion of privacy, defamation, false and deceptive advertising, data security, and product liability issues. Special thanks to our sponsor, Clio.
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Jul 22, 2016 • 27min

The American Bar Association: A Look Ahead Under New President, Linda Klein

The American Bar Association is one of the world’s largest voluntary professional organizations, with nearly 400,000 members and more than 3,500 entities. It is committed to doing what only a national association of attorneys can do: serve members, improve the legal profession, eliminate bias and enhance diversity, and advance the rule of law throughout the United States and around the world. On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join Linda Klein, president-elect of the American Bar Association, as she takes a look back at the past year as president-elect and looks ahead to her initiatives and mission under her presidency at the American Bar Association. Linda Klein is president-elect of the American Bar Association. Linda, senior managing shareholder at Baker Donelson Bearman Caldwell & Berkowitz, assumed the role of president-elect of the American Bar Association in August 2015 at the ABA Annual Meeting in Chicago. She is presently serving a one-year term as president-elect then will become ABA president in August 2016.
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Jul 8, 2016 • 29min

The Supreme Court End of Term Wrap-Up

On June 27th, the Supreme Court wrapped up its term with some standout cases. Immigration, affirmative action, abortion clinic restrictions, guns and domestic violence, and public corruption are only a few cases that have ended an eventful and, at some times, controversial Supreme Court term. These cases alongside a vacant seat on the Supreme Court have made this term an interesting one to say the least. On Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join Tony Mauro, Supreme Court correspondent for the National Law Journal and Suzanna Sherry, the Herman O. Loewenstein professor of law at Vanderbilt University Law School, as they discuss the Supreme Court's end of term. They will take a look back at the standout cases, the last cases before the term ended, the impact of the loss of Justice Scalia and one less justice, and look forward to the start of next term in October. Tony Mauro is the Supreme Court correspondent for the National Law Journal. Tony has covered the Supreme Court for over 30 years. During his tenure, Tony has also written about the First Amendment and food, reviewing restaurants for various publications. He lives in Alexandria, Virginia, with his wife, Kathy Cullinan, and his daughter, Emily Mauro, lives nearby in Arlington. Suzanna Sherry is the Herman O. Loewenstein professor of law at Vanderbilt University Law School. Her writing focuses primarily on constitutional law and procedures and doctrines of the federal courts, including the Supreme Court. She is the author of seven books, including four textbooks, and more than 75 articles. She received her A.B. from Middlebury College and her J.D. from the University of Chicago Law School. Special thanks to our sponsor, Clio.
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Jul 1, 2016 • 31min

Orlando Shooting and Gun Laws

On June 12, 2016, tragedy struck at Pulse, a popular nightclub within the LGBT community in Orlando, Florida, after a gunman, Omar Mateen fatally shot 49 people and injured 53. This tragedy is one of  the deadliest mass shootings in the United States and the nation's worst terror attack since 9/11. In a Father's Day address, President Obama said gun violence was "preventable" and too common. "It's unconscionable that we allow easy access to weapons of war in these places,"  he said.  And just yesterday, a divided Senate voted down 4 gun control measures. So what needs to change when it comes to gun laws, all while protecting the Second Amendment? And can bipartisan gun legislation curb gun violence and prevent future mass shootings? In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join attorney Steven W. Dulan, first vice chair of the Michigan Coalition of Responsible Gun Owners and Arkadi Gerney, senior fellow at the Center for American Progress, as they take a look at gun laws and the tragedy in Orlando. They will talk reaction, the gun control debate, the Second Amendment, Florida gun laws and potential legislation.  Attorney Steven W. Dulan is first vice chair of the Michigan Coalition of Responsible Gun Owners. MCRGO is the largest state-based firearms advocacy organization in America and its mission is to promote safe use and ownership of firearms through education, litigation, and legislation. Steve has appeared on various media outlets to discuss gun ownership, including CNN (with Christiane Amanpour and Piers Morgan), FOX and Friends, NPR, and HuffPost Live. Attorney Arkadi Gerney is senior fellow at the Center for American Progress, where he focuses on crime and gun policy. Arkadi previously worked as special advisor and first deputy criminal justice coordinator to former New York City Mayor Michael R. Bloomberg, where he managed Mayors Against Illegal Guns, a national coalition that Mayor Bloomberg co-chairs. During four and a half years in the New York City mayor’s office, Gerney oversaw the coalition’s growth to more than 600 mayors, led successful campaigns to influence federal legislation, partnered with Walmart to develop a landmark gun seller code of conduct, and led New York City’s undercover investigation of out-of-state gun shows. Special thanks to our sponsor, Clio.
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Jun 17, 2016 • 36min

Tribal Law, Indian Child Welfare Act, and Custody

In a highly publicized custody case involving a 6-year-old girl, the use of the Indian Child Welfare Act of 1978, a federal law that seeks to keep American Indian children with their American Indian families, has come into play. The child was recently removed from her foster home after a lower court judge ruled that Lexi’s Choctaw Indian bloodline requires her to live with relatives in Utah.  According to court records, Lexi was moved to foster care four years ago due to her birth mother’s substance abuse problems, her birth father’s criminal history, and custody issues involving both birth parents and other children. Lexi’s foster parents, have since filed an appeal to the California High Court In this episode of  Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join attorney Lori Alvino McGill, partner in the Washington, D.C. office of Wilkinson Walsh + Eskovitz and Chrissi Nimmo, assistant attorney general for Cherokee Nation, who has represented the nation in tribal, state, and federal courts since 2008, as they take an inside look at this case, tribal law, the Indian Child Welfare Act, and overall child custody cases. Attorney Lori Alvino McGill is partner in the Washington, D.C. office of Wilkinson Walsh + Eskovitz. Lori’s practice focuses on all aspects of appellate strategy, including issue preservation, briefing, argument, and obtaining (and opposing) Supreme Court review. She has handled high-profile civil and criminal appeals involving a wide range of constitutional and statutory issues in state and federal appellate courts, including the Supreme Court of the United States. Lori is presently representing the foster parents of Lexi and has appealed to the California’s highest court. Chrissi Nimmo is assistant attorney general for Cherokee Nation and has represented the nation in tribal, state, and federal courts since 2008. Chrissi primarily focuses on the Indian Child Welfare Act and in-house counsel duties for the nation. She represented Cherokee Nation in Adoptive Couple v. Baby Girl before both the United States Supreme Court and the South Carolina Supreme Court and in Nielson v. Ketchum before the United States Court of Appeals for the Tenth Circuit. Chrissi also serves as the Adam Walsh Act Sex Offender Registration and Notification Compliance Office for Cherokee Nation. Special thanks to our sponsor, Clio.
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Jun 3, 2016 • 33min

Overtime Rule Changes: Impact and Reaction

The Labor Department recently announced regulation changes pertaining to overtime pay for employees and their employers. Under these new rules, those who earn salaries of less than $47,476 a year will automatically qualify for overtime pay of time-and-a-half if they work more than 40 hours a week. Once the new rules go into effect on December 1, 2016, they will impact 4.2 million workers in the United States.  So what does this mean for business owners and their employees? In this episode of Lawyer 2 Lawyer, hosts J. Craig Williams and Bob Ambrogi join Jane Lauer Barker, a partner at the New York labor and employment firm Pitta & Giblin LLP and Thomas Wassel, a labor and employment partner with the New York firm Cullen and Dykman, as they take a look at these recent overtime rule changes and the impact, pros and cons, and reaction from business owners and the workforce. Jane Lauer Barker is a partner at the New York labor and employment firm Pitta & Giblin LLP.  Jane concentrates in labor, employment, and employee benefits law and litigation and labor union representation.  Previously, Barker headed up New York State Attorney General's Labor Bureau where she oversaw civil and criminal enforcement of state labor laws and handled appellate litigation. Thomas Wassel is a labor and employment partner with the New York firm Cullen and Dykman. Tom has been advising employers on a wide range of labor and employment law matters since 1983.

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