Lawyer 2 Lawyer

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.

In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite Allen Pusey and Molly McDonough of the ABA Journal to recap the past year’s legal news. Consider this a crash course on news stories such as Edward Snowden, gun control, and Obamacare. The discussion will not only cover the top stories of the year but also find the common themes in this year’s news and foretell what to keep an eye on in 2014. Pusey has been with the ABA Journal since 2007 and was named editor and publisher in 2011. Prior to the ABA Journal, he worked for 26 years at the Dallas Morning News as an investigative reporter, feature writer, special projects editor, and U.S. Supreme Court correspondent. McDonough is the deputy managing editor of the ABA Journal. She currently oversees online operations and special projects, including the Legal Rebels series and the annual Blawg 100. Molly has covered the courts and the legal profession for more than 20 years. She has been a reporter and editor for the National Law Journal, as well as a reporter for many other news sources. Special thanks to our sponsor, Clio.

News of Amazon’s plans to use delivery drones surprised many, but the fact is that a number of companies are developing drones for commercial uses. However, before any of these commercial drones can take flight, they need to clear a series of legal hurdles, from winning FAA approval to sorting out liability and privacy issues. In this edition of Lawyer2Lawyer, host Bob Ambrogi invites industry lawyer Ben Gielow and Above the Law editor Elie Mystal to discuss the legal issues facing commercial drones and how they are likely to play out. Ben Gielow is the government relations manager and general counsel for the advocacy sector of the Association of Unmanned Vehicle Systems International. He has been featured in interviews covering the concept of commercial drones since the beginning regarding what legislation and other requirements are necessary for us to see commercial drones in our airways. Elie Mystal is the editor of Above the Law. A graduate of Harvard Law School, he left his life as a litigator to pursue a career as an online provocateur. He has written editorials for The New York Daily News, The New York Times, and appeared on MSNBC and Fox News. Special thanks to our sponsor, Clio.

This landmark case, involving Google’s digitization project of scanning 20-million books to make them searchable through the Internet, was decided in favor of Google. “In my mind, this is a fair-use case that we will never see again,” Andrew Albanese, senior writer for Publisher’s Weekly, said, declaring the case a benchmark for future decisions. It was ruled that Google met the requirements of fair use and all four factors in defense of copyright infringement. In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams chat with Andrew Albanese about the case, whether this constitutes transformative use, and what this case means for the online-media industry as a whole. Andrew Albanese has been covering Google vs. Authors Guild since it’s inception in 2005. As senior writer for Publishers Weekly, he focuses on copyright wars and how the Internet is changing protected works. His book, The Battle of $9.99: How Apple, Amazon and the “Big Six” Publishers Changed the E-Book Business Overnight, covered the Apple price-fixing case and the introduction of e-books to society. Special thanks to our sponsor, Clio.