Lawyer 2 Lawyer

On May 5th 2014, the Supreme Court decided Greece v. Galloway, a landmark case about the right of prayer in government assemblies. Both sides of the argument invoked the First Amendment to make their case, but who is right and why? On this episode of Lawyer 2 Lawyer, host Bob Ambrogi brings this issue to the forefront with opposing counsels Douglas Laycock, for the respondents, and David Cortman, for the petitioner. Together, they discuss the relative merits of their cases, the endorsement test, and the coercion test. Tune in to hear more about the future of legislative prayer and your First Amendment rights. Professor Douglas Laycock is a Robert E. Scott Distinguished Professor of Law Professor of Religious Studies at University of Virginia School of Law and one of the nation's leading authorities on the law of religious liberty. In addition to teaching for over 30 years, Professor Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court. Professor Laycock is an accomplished author on the subject at hand and the 2nd Vice President of the American Law Institute. Especially pertinent to today's episode, Professor Laycock argued for Susan Galloway and Linda Stephens, the respondents, in the Supreme Court. David Cortman serves as senior counsel and vice-president of Religious Liberty with Alliance Defending Freedom at its Atlanta Regional Service Center in Georgia. He also heads litigation efforts to defend and reclaim the First Amendment rights of public school students across the country. Among his many media appearances, Mr. Cortman has been on CNN, MSNBC, and Fox News. Especially pertinent to today's episode, he served as counsel for the Town of Greece, the petitioner, in the Supreme Court. Special thanks to our sponsor, Clio.

Due out this week is the 10th edition of Black's Law Dictionary. With 16,000 new definitions, 900 new maxims, and terms dated back to their first English usage, Black's Law Dictionary 10th Edition is touted to be the most comprehensive and relevant collection of legal terminology to date. But what goes into making this legal reference and how does it stay relevant in today's world? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Black's Law Dictionary's editor-in-chief Professor Bryan A. Garner. Together they discuss the army of 300 professionals and scholars who deciphered true meanings from historic documents, ancient language, and modern usage. Tune in to hear Garner describe what goes into updating Black's and why he believes attorneys will continue to use it for generations to come. Bryan A. Garner is a U.S. lawyer, lexicographer, and teacher who has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He has served as editor-in-chief of Black's Law Dictionary since 1995, and coauthored two books with Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges, and Reading Law: The Interpretation of Legal Texts. Professor Garner is a prolific lecturer, having taught more than 2,500 writing workshops since the 1991 founding of his company, LawProse, Inc., and he is a distinguished Research Professor of Law at Southern Methodist University Dedman School of Law.

In its landmark 1963 decision Gideon v. Wainwright, the Supreme Court mandated the right to counsel in federal and state criminal proceedings. Fifty-one years after that unanimous decision, some question whether Gideon's promise has been fulfilled, as public defenders struggle against heavy caseloads, limited resources and low pay. On this episode of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Jonathan Rapping, founder of the Atlanta-based public defender training program Gideon's Promise, and Dawn Porter, director and producer of the documentary Gideon's Army. Together they discuss the daily rigors faced by public defenders in the south, their personal beliefs about unequal access to justice, and their ideas about how to better deliver on the promise of Gideon. Jonathan Rapping is the president and founder of Gideon's Promise, a training and support group for public defenders in the south aimed at creating greater access to justice for indigent defendants. He is also the director of the Honors Program in Criminal Justice at Atlanta's John Marshall Law School, where he teaches criminal law and criminal procedure. Rapping is the former director of public defender training programs in the District of Columbia, Georgia, and Louisiana. He is the recipient of the Lincoln Leadership Award from Kentucky's Department of Public Advocacy, the Sentencing Project Award from the National Association of Sentencing Advocates and Mitigation Specialists, and the Gideon's Promise Award from the Southern Center for Human Rights. Dawn Porter is a lawyer and the founder of Trilogy Films. She was the director and producer of the award-winning Gideon's Army, a documentary about public defenders associated with Gideon's Promise, which premiered at the 2013 Sundance Film Festival and aired on HBO Documentary Films. Prior to beginning her film and television career, Porter worked as an attorney at Baker and Hostetler and ABC Television Network. Among her many projects, she directed "Spies of Mississippi," a documentary on PBS about celebrity Chef Alexandra Guarnaschelli; produced "Serious Moonlight" starring Meg Ryan and Timothy Hutton; and produced "The Green," an independent feature starring Cheyenne Jackson (from 30 Rock) and Emmy-winning actress Julia Ormond. Special thanks to our sponsor, Clio.

Six states have passed laws to address revenge porn, but critics say those laws may infringe upon First Amendment rights and subject people to needless criminal prosecution. Critics of anti-revenge porn laws believe the laws as drafted are overly broad, fail to exempt acceptable behavior, and create a chilling effect on otherwise legal expression. On this follow up episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Lee Rowland from the ACLU and Marc Randazza from the Randazza Legal Group. Together we discuss the potentially harmful components of non-consensual porn legislation and consider alternative avenues of redress for victims. Professor Mary Anne Franks of the Cyber Civil Rights Initiative, a proponent of criminalizing revenge porn, joins us for the second half to debate criticisms of these laws. Tune in for a spirited debate about free speech, over-criminalization, and the proper way to address the troubling issue of revenge porn. For part one of this two-part series, please listen to Revenge Porn: Societal Costs and Legislative Solutions. Lee Rowland is a Staff Attorney with the ACLU's Speech, Privacy, and Technology Project. Prior to joining the ACLU, she was a voting rights counsel with the Brennan Center for Justice, where she successfully represented the League of Women Voters of Florida and others in constitutional challenges to Florida's 2011 election law. Rowland previously ran the Reno office of the ACLU of Nevada, where she regularly argued before the Ninth Circuit Court of Appeals and the Nevada Supreme Court. Marc Randazza is a First Amendment lawyer for the Randazza Legal Group located in Las Vegas, Nevada. A graduate of Georgetown University Law Center, he found his passion for the First Amendment while attending the University of Massachusetts at Amherst Journalism Program. Randazza has law offices in five states and represents both adult entertainment companies and private individuals. He is a regular contributor to news sources such as CNN and Fox News, and is a frequent commentator on legal issues to the international media. Professor Mary Anne Franks is the Vice President of Cyber Civil Rights Initiative and an Associate Professor of Law at the University of Miami School of Law. She holds a Juris Doctor degree from Harvard Law School and prior to her teaching career, obtained both her Masters and Ph.D. in Modern Languages and Literature as a Rhodes Scholar at Oxford University. As part of her continuing efforts with the Cyber Civil Rights Initiative, she works with state legislatures to draft legislation against non-consensual pornography. Special thanks to our sponsor, Clio.

The non-consensual posting of nude or sexual media by one person of another is known as Revenge Porn. Many victims report that this practice has had detrimental effects on their lives. Of those surveyed, 90 percent are women and 49 percent say they've been stalked or harassed. Despite the growing number of reports, most states' laws do not address the issue. On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview victim-advocate Dr. Holly Jacobs, a victim of revenge porn herself, and Professor Mary Anne Franks, both of the Cyber Civil Rights Initiative. Together, they discuss the technical aspects of various states' laws that allow some types of posts while forbidding others. Many factors and technicalities, including who took the picture, how the image or video was obtained, and who posted it, can dictate whether posting the item was illegal. Tune in to this very special episode to learn what individual states and the Cyber Civil Rights Initiative are doing to combat Revenge Porn. A follow up episode with guest Lee Rowland from the American Civil Liberties Union will examine other legal issues regarding Revenge Porn. It will be released on April 8th. Dr. Holly Jacobs is the Founder, President, and Executive Director of Cyber Civil Rights Initiative, which is the parent organization for the End Revenge Porn Campaign. She is a national commentator and writer on the subject and holds a PhD in Industrial/Organizational Psychology. While pursuing her graduate degrees, Jacobs became a victim of revenge porn and has since dedicated her life towards providing resources and advocacy to victims of online harassment. Professor Mary Anne Franks is the Vice President of Cyber Civil Rights Initiative and an Associate Professor of Law at the University of Miami School of Law. She holds a JD from Harvard Law School and prior to her teaching career, obtained both her Masters and PhD in Modern Languages and Literature as a Rhodes Scholar at Oxford University. As part of her continuing efforts with the Cyber Civil Rights Initiative, she works with state legislatures to draft legislation against non-consensual pornography.

Attorney-Client Privilege predates US history and is a fixture of Western Law. Pro advocates of its proliferation declare its necessity to a fair and adequate defense. According to many legal experts, NSA monitoring of privileged attorney-client communications stands in direct violation to the United States Bill of Rights and yet others disagree. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams shed light on this issue with guests Dean Erwin Chemerinsky of the University of California, Irvine School of Law and Dr. John Eastman of Chapman University Fowler School of Law. Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law. His areas of expertise include, but are not limited to, constitutional law, federal practice, and civil rights. Erwin is a renowned author of seven books and nearly 200 articles in top law reviews. He has argued before the nation's highest courts and has been counsel to detainees in Guantanamo Bay Detention Camp in the Guantanamo Bay Naval Base, Cuba. He is also a regular commentator on legal issues before the national and local media. Dr. John Eastman is the Henry Salvatori Professor of Law and Community Service at Chapman University Fowler School of Law. He was the School's Dean from June 2007 to January 2010, when he stepped down to pursue a bid for California Attorney General. John is the Founding Director of the Center for Constitutional Jurisprudence, former law clerk for Justice Clarence Thomas, and has served as the Director of Congressional and Public Affairs at the United States Commission on Civil Rights during the Reagan administration. He is also a regular commentator on legal issues before the national and local media. Special thanks to our sponsor, Clio.

Federal law bans marijuana nationwide and yet some states have decided to license its trade. So, where does this leave citizens, local government, and attorneys who work in the cannabis industry? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Brian Vicente, Dan Riffle and Kathy Haddock to discuss the challenges and liabilities that persist in the void between federal and state drug laws. Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor's Marijuana Policy Review Panel, and coordinates the Colorado Bar Association's Drug Policy Project. Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state. Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.

In an emergency, seconds count. What if you couldn't call 911 because you couldn't reach an outside line? On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Henry "Hank" Hunt, the man petitioning for Kari's Law, and FCC Commissioner Ajit Pai. Together they discuss the importance of uniform dialing for 911. Henry Hunt's nine year old granddaughter, through no fault of her own, could not reach 911 to save her mother. Despite her multiple attempts, the calls would not connect because the hotel's phone system required dialing 9 to get an outside line. In the wake of these events, this Texas grandfather started the Kari's Law petition which calls for mandated direct-dial 911. Ajit Pai serves as FCC Commissioner focusing on regulatory environments where competition and innovation flourish. He is the former Associate General Counsel at Verizon. In addition, he has served as Senior Counsel with the Department of Justice and Chief Counsel to the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights.

Are Bar Exams really necessary? The Iowa State Bar Association isn't so sure. In this episode of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Iowa State Bar Association President Guy Cook and Clinical Professor of Law John Whiston to learn why Iowa could soon offer Diploma Privilege for its law graduates. Cook is the current president of the Iowa State Bar Association. He is an Iowa native who has been practicing law for over 30 years. Guy is a board certified trial attorney, former federal prosecutor, and senior partner for Grefe and Sidney, P.L.C. where he practices exclusively in litigation. He also serves on the Board of Counselors of Drake University Law School. Whiston is a clinical professor of law at The University of Iowa College of Law. He teaches in the Clinical Legal Programs as well as courses in Evidence, Deposition Practice, Worker's Compensation, and Trial Advocacy. John is a former partner with Rossbach and Whiston, P.C. and has been admitted to practice before the Supreme Court of the United States. Special thanks to our sponsor, Clio.

If you had bought $1,000 worth of Bitcoins in 2010, you would have $2.4 million dollars today. The anonymous, Internet-based currency has seen an exponential rise in value and popularity since its inception in 2009. This raises legal questions regarding the legitimacy, the legalities, and what lawyers need to know about this new currency. In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite Bitcoin experts, attorney Lowell D. Ness and journalist Kashmir Hill, to provide some answers and a foretelling of the e-currency's future. Ness is a partner of the nationwide law firm Perkins Coie which has extensive experience in virtual currency. The firm's Virtual Currency Report Blog, which Lowell regularly contributes to, provides a legal outlook on the state of bitcoin and the market. Lowell's practice focuses on high-growth emerging companies and involves venture capital financings, mergers and acquisitions, public offerings, and private placements. Senior Online Editor of Forbes, Hill is a privacy pragmatist with an interest in the intersection of law, technology, social media, and personal information. Former editor of Above the Law, she has been following the Bitcoin story from the start, and will be releasing an e-book documenting Bitcoin's rise later this year. Special thanks to our sponsor, Clio.