Stanford Legal cover image

Stanford Legal

Latest episodes

undefined
Feb 20, 2025 • 29min

Suing DOGE, Musk, Trump, and an Imperial Presidency

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.Links:Mark Lemley >>> Stanford Law page“The Imperial Supreme Court” >>> Stanford Law publication pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X(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
undefined
Feb 6, 2025 • 31min

Trump's Pardons: Political Violence, Hate Groups, and the Rule of Law

What are the legal implications of the unprecedented mass pardoning of the January 6th rioters? What does it say about American rule of law? President Biden’s DOJ prosecuted nearly 1,600 of the January 6, 2021, rioters—many for acts of shocking violence against police and government offices. On January 20, newly sworn-in President Trump, in one of his first official acts, issued a sweeping grant of clemency to all of the rioters charged in connection with the attack on the Capitol attack. He pardoned most defendants and commuted the sentences of 14 members of the Proud Boys and Oath Keepers militia, most of whom had been convicted of seditious conspiracy. The response from some of these violent rioters since the pardons has been alarming.“The people who did this, they need to feel the heat. We need to find and put them behind bars for what they did,” said Enrique Tarrio, the former national Proud Boys leader, sentenced to a 22-year sentence on seditious conspiracy charges, on Alex Jones' podcast soon after his pardon. Our guests today are Stanford Law Professor Shirin Sinnar and former DOJ prosecutor Brendan Ballou.Sinnar’s scholarship, including a recent study of hate groups, focuses on the legal treatment of political violence, the procedural dimensions of civil rights litigation, and the role of institutions in protecting individual rights and democratic values in the national security contextBallou was a lawyer at the Department of Justice for five years. He resigned on January 23 soon after President Trump's pardons. In a New York Times opinion essay, he wrote: “For while some convicted rioters seem genuinely remorseful, and others appear simply ready to put politics behind them, many others are emboldened by the termination of what they see as unjust prosecutions. Freed by the president, they have never been more dangerous.” He graduated from Stanford Law in 2016.Links:Shirin Sinnar >>> Stanford Law pageNew York Times piece by Brendan Ballou >>> I Prosecuted the Capitol Rioters. They Have Never Been More Dangerous.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X(00:00:00) The January 6th Prosecutions and the Pardon Power(00:06:26) Rewriting History and the Threat of Political Violence (00:11:56) The Future of Political Violence in the U.S. (17:24) Addressing Militia Violence and Legal Gaps(21:37) State-Level Prosecutions and Risks of Expanding Criminal Laws(25:27) Pardons, Political Violence, and Historical Parallels  
undefined
Jan 23, 2025 • 31min

Criminal Justice in Divided America: Can Democracy Survive a Broken Justice System?

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.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:David Sklansky >>> Stanford Law pageCriminal Justice in Divided America, Police, Punishment, and the Future of Our Democracy >>> Stanford Lawyer magazine online feature(00:00:00) Chapter 1: Criminal Justice and the Erosion of DemocracyPam 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 PolarizationKarlan 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 PolicingThe 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 CrisesThe 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 ChallengesKarlan 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 DemocracyKarlan 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.
undefined
Jan 15, 2025 • 30min

Special Counsel Smith's Report on Trump's Interference in the 2020 Election

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.) Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:David Sklansky >>> Stanford Law pageCriminal Justice in Divided America, Police, Punishment, and the Future of Our Democracy >>> Stanford Lawyer magazine online feature(00:00:00) Chapter 1: Introduction and the Role of Special ProsecutorsPam 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 ReportThe 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 ImplicationsKarlan 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 ProsecutionKarlan 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 ProsecutionThe 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 DemocracyKarlan 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.
undefined
Jan 10, 2025 • 30min

California Burning: LA Fires, Climate Change, and Insurance Nightmares with Environmental Lawyer Debbie Sivas

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.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Deborah A. Sivas >>> Stanford Law page(00:00:00) Chapter 1: Introduction, the Santa Ana Winds, and Fire DynamicsHost 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 InterfaceThe 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 FiresSivas 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 EffortsThe 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 ImpactKarlan 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.
undefined
Dec 19, 2024 • 29min

Tariffs, Trade Wars, and Policy Shifts under Trump: A Tutorial on the Global Economy and Trade

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. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Alan O. Sykes >>> Stanford Law page(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.
undefined
Dec 6, 2024 • 26min

The Presidential Pardon Power, from Biden and Trump to Ancient Kings

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. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Bernadette Meyler >>> Stanford Law page(00:00:00) Chapter 1: The Origins and Evolution of the Pardoning PowerHosts 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 PardoningThis 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.
undefined
Nov 21, 2024 • 48min

Exploring AI in Healthcare: Legal, Regulatory, and Safety Challenges

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.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Michelle Mello >>> Stanford Law page(00:00:00) Chapter 1: Understanding AI in MedicineThe 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 HealthcareThe 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 MedicineThe 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-MakingThe 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 HealthcareMichelle 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 SafetyThe 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.
undefined
Nov 7, 2024 • 48min

Crime, the Opioid Crisis, and Gun Violence: New Jersey Attorney General Matt Platkin on How Action at the State Level Is Making a Difference

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.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Matt Platkin >>> State of New Jersey Page(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 LitigationAttorney 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 CourtPam 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 ReflectionsPlatkin 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.
undefined
Oct 24, 2024 • 30min

Racism in Property Deeds: Stanford Team Develops AI Tool to Identify and Map Racial Covenants

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.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Dan Ho  >>> Stanford Law School PageStanford’s RegLab >>> Stanford Page(00:00:00) Chapter 1: Introduction to Racial Covenants and AB 1466Host 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 CovenantsDan 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 CovenantsRich 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 CovenantsRich 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 ResponsibilityDan 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 JusticeThe 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.

Get the Snipd
podcast app

Unlock the knowledge in podcasts with the podcast player of the future.
App store bannerPlay store banner

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode

Save any
moment

Hear something you like? Tap your headphones to save it with AI-generated key takeaways

Share
& Export

Send highlights to Twitter, WhatsApp or export them to Notion, Readwise & more

AI-powered
podcast player

Listen to all your favourite podcasts with AI-powered features

Discover
highlights

Listen to the best highlights from the podcasts you love and dive into the full episode