UnCommon Law

The jury in the trial of former Minneapolis police officer Derek Chauvin is noteworthy for its diversity. About 13.5 percent of Hennepin County, Minnesota is African American and, of the 15 jurors (including the three alternates), nine are White, four are Black and two are mixed race, according to the court.Still, many experts, including Andrew Gordon, a Deputy Director at The Legal Rights Center in Minnesota, have noted that the process of seating the jury in the Chauvin case, as well as many other cases, often leaves African Americans out because it fails to seat jurors with "a diversity of lived experiences."Gordon is our guest on this episode of [Un]Common Law. 

Jury selection in the Derek Chauvin case wrapped up Tuesday, March 23.Of the 15 jurors selected thus far, two are white men, three Black men, one Black woman, six are white women and two are multiracial women, according to the court.George Floyd's death last May at the hands of Minneapolis police officers has made Minnesota ground zero for the debate over police reform, and specifically policies involving use of deadly force.In the months since Floyd’s death a number of new state laws and policies have gone into effect and law enforcement experts are watching to see if the changes will be successful at rebuilding trust between police and communities of color, while also providing officers the protection they need to engage with dangerous suspects.In this episode with speak with:Stephen Joyce, Midwest Correspondent for Bloomberg Law.Arthur Ago, a former public defender and director of the Criminal Justice Project at the Lawyers' Committee for Civil Rights Under Law.

In the aftermath of Floyd’s death, citizens across America took to the streets to demand police reform and accountability. Now almost a year later dozens of cities and states have changed policies, or enacted laws that restrict the use of violent force by police.In addition to municipal and state level changes, in March the House of Representatives passed the George Floyd Justice in Policing Act of 2021, which was passed on March 3. What are some of the key aspects of that bill?But while many Democrats are touting the bill, a broader pushback against the “defund the police” movement is springing up in a number of GOP-lead statehouses that aim discourage or punish cities seeking to cut police budgets, by withholding state funding.In this episode we speak with: Ayanna Alexander, BLaw social justice reporter. Greg Casar, a member of the Austin City Council, and Robert Blaine, director of the Institute for Youth Education and Families at the National League of Cities.

Prosecutors seeking to criminally charge police officers face a number of obstacles. There is a high bar when it comes to proving intent, and police officers are generally granted leeway in what many consider to be a difficult job that requires split second decision making. Moreover, law enforcement officers place citizens under restraint tens of thousands of times every day. And even then, in the rare cases when that action results in death, proving that someone died specifically because of the restraint is rarely cut and dry.In this episode of [Un]Common Law, we talk with Professor Ekow Yankah, a criminal procedure expert at Yeshiva University’s Cardozo School of Law about the legal distinctions that make it difficult to criminally prosecute police. We also speak with Brad Colbert, a professor of law at Mitchell Hamline School of Law, about the specific differences between the charges Derek Chauvin is facing under Minnesota state law.

The third-degree murder charge against Derek Chauvin have been reinstated. This is in addition to charges of second-degree murder and second-degree manslaughter. As of March 11, there was no appeal from defense, and jury selection is moving forward. But what do we know about the man overseeing the murder that launched last summer’s protests following the killing of George Floyd?Speaking from behind a plexiglass shield and with cameras rolling for the entire world to watch, the spotlight is on Judge Peter Cahill. In the second episode of the new season of [Un]Common Law, we examine Cahill’s career and the events that led up to him being appointed to try one of the most significant court cases in a generation.We talk to Mike Bryant, a personal injury and criminal defense attorney based in the Twin Cities, and Nekima Levy Armstrong, a Minneapolis-based civil rights lawyer. And reporter Lydia Wheeler also walks listeners through her recent profile story on Judge Cahill’s reputation and background.

The trial of former Minneapolis police officer Derek Chauvin, who is charged with second-degree unintentional felony murder and second-degree manslaughter in the death of George Floyd, begins this week with the task of finding 12 jurors who can set aside their opinions and render a unanimous verdict. But in a high-profile case such as this, with so many strong opinions already formed, criminal law experts are saying that jury selection may be the most critical piece of the case. The question at the heart of the case is whether what millions of people saw on the viral video of Chauvin kneeling on the neck of Floyd as he died was murder or a tragic accident..In advance of what very well could be the highest profile court case since O.J. Simpson or Rodney King, officials in Minnesota have spent the last eight months preparing for another wave of civil unrest. Barricades and fences have been erected in front of government buildings and thousands of police officers and National Guard members and have been called in as backup. Law enforcement has vowed to preserve people’s rights to assemble and protest, but also keep the peace. The three other officers involved in the case, Tou Thao, Alexander Kueng and Thomas Lane are charged with aiding and abetting murder and manslaughter. Their separate trial is now scheduled for Aug. 23.We talk to Jack Rice, a Minneapolis-based defense attorney, and Glenn Kirschner, a former federal prosecutor with 30 years of trial experience, about the intricacies of picking a jury in a pandemic. Reporter Jordan Rubin also joins to lay out the basics of the caseHere is a link to the full 16-page jury questionnaire.

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms, law schools and corporations about how issues or diversity and inclusion are being treated in the wake of last summer's police shootings and protests.In episode five, we turn our attention to the issue of diversity in the federal judiciary. We speak with former judges and legal scholars as well as advocacy groups about what role diversity should play in court appointments, and how it impacts the perception of the courts' legitimacy by the communities they serve.In episode five, Bloomberg Law interviews: Eric H. Holder Jr., former United States Attorney General and partner at Covington & Burling LLP. Janai Nelson, Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF). Jonathan Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve School of Law. Trina Jones, Jerome M. Culp Professor of Law at Duke University School of Law. Catherine Smith, professor at the University of Denver Sturm College of Law. Stephen Robinson, of counsel at Skadden Arps and former federal judge for the U.S. District Court for the Southern District of New York. Lena Zwarensteyn, Fair Courts Campaign Director for the Leadership Council on Civil and Human Rights. "Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms and in corporations about how they are doing the hard work of culture change, and how, through their work, they are underscoring the argument that diversity is good business.In episode four, we turn our attention to the unique experiences of African American women law partners, a segment that comprises less than 1% of all partners in the legal profession. We speak with veteran lawyers who have ascended to the highest ranks of leadership at major firms, those who serve as general counsel at large companies and younger partners who are putting their stamp on a more inclusive future right now. In episode four of Black Lawyers Speak, Bloomberg Law interviews: Shauna Clark, global and U.S. chair of Norton Rose Fulbright and U.S. head of employment and labor practice. Grace Speights, global head of labor & employment practice at Morgan Lewis. April Boise Miller, co-founder of the Black GC 2025 Initiative and executive vice president and general counsel at Eaton. Christa Brown-Sanford, partner and deputy chair of intellectual property at Baker Botts Raqiyyah Pippins, life sciences and healthcare regulatory partner at Arnold & Porter Tsedale Melaku, Ph.D., sociologist and postdoctoral research fellow at the Institute for Research on the African Diaspora in the Americas & the Caribbean at The Graduate Center, City University of New York Maja Hazell, global head of diversity & inclusion at White & Case Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s home for audio documentaries.

In the wake of last summer’s protests, more law firms in the AmLaw 200 are being more vocal about plans to increase their diversity. For decades, Big Law has been one of the least diverse industries in America, especially when it comes to Black lawyers. In episode three of Black Lawyers Speak, we focus on the legal education pipeline and whether law schools and law students can push law firms to be accountable for their rhetoric.Legal experts point out that one reason for the lack of diversity is the fact that elite firms tend to recruit and hire most from top-ranked law schools. And, not only are these schools expensive and difficult to get into, but they just don’t graduate enough students of color to diversify an entire corporate sector. Some law school dean argue that to be successful, the legal industry will need to start doing things differently. That could include hiring a larger percentage of students from schools ranked outside of U.S. News & World Report's top 14 and re-evaluating the significance of law school rankings.In episode three of Black Lawyers Speak, Bloomberg Law interviews: L. Song Richardson, dean and professor of law, University of California, Irvine School of Law Mariah Levy, law student, Northwestern University Pritzker School of Law Rashad Abdallah, law student, University of Michigan Law School Rachel Barnes, law student, University of Virginia School of Law; chair of the National Black Law Students Association Danielle Holley-Walker, dean and professor of law, Howard University School of Law Tsedale Melaku, sociologist, Critical Race and Gender Scholar Elie Mystal , justice correspondent at The Nation Wendell Taylor, Washington office managing partner of Hunton Andrews Kurth Merle Vaughn, managing director and national law firm diversity practice leader at Major, Lindsey & Africa Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.

Despite the increased emphasis on diversity and inclusion in law firms, the legal profession remains among the least diverse of any profession today. According to the American Bar Association’s National Lawyer Population Survey, in 2007 just 4% of active attorneys identified as Black or African American. Since that time, the number has remained largely flat at around 5%, despite decades of diversity efforts and studies that diversity is good for business.Law firms say that they recognize that the ongoing lack of diversity is a problem, and they say they are committed to fixing it. But what steps are they taking and why haven’t the programs they’ve put in place been more effective? Also, what role are general counsel playing as companies seek to leverage the carrot of their business to promote change.In episode two of Black Lawyers Speak, Bloomberg Law interviews: Tony West, chief legal officer at Uber Elie Mystal, justice correspondent at The Nation David Wilkins, vice dean for Global Initiatives on the Legal Profession at Harvard Law School Chaka Patterson, senior vice president and general counsel Adtalem Global Education Kim Rivera, president, strategy and business management and chief legal officer at HP Inc. Raqiyyah Pippins, partner at Arnold & Porter Stephen Robinson, partner, litigation; co-chair of the global Diversity Committee at Skadden Kinika Young, senior director of health policy and advocacy at Tennessee Justice Center Warren Allen, founding member of WTAII PLLC Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries.