Stanford Legal

Stanford Law School
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Nov 6, 2025 • 32min

Navigating Uncertainty and Unprecedented Shifts in Federal Health Policy

“The amount of chaos that’s been introduced into the federal health policy landscape is unprecedented,” says Michelle Mello, professor at Stanford Law School and the Stanford University School of Medicine.That turmoil, she explains, has left major gaps in expertise, trust, and leadership—and states are rushing to fill the void. In this episode of Stanford Legal, host Pamela S. Karlan talks with Mello about what this moment means for the future of science, public health, research, and the law.Mello describes how the hollowing out of career expertise at the U.S. Department of Health and Human Services has upended vaccine policy and research funding, forcing states into unfamiliar leadership roles. She and Karlan also unpack how shifting scientific guidance during the pandemic eroded public confidence, how politicized grant-making is reshaping the research ecosystem, and state governments’ growing role in creating what she calls a “shadow CDC.”Despite the turmoil, Mello points to a few bright spots: state-level experimentation could generate valuable evidence of what works and what does not, and there are reassuring signs from the lower courts, she says, which she believes are capable of separating law from politics.Earlier this year, Mello explored many of these themes in her JAMA Health Forum paper, “The Hard Road Ahead for State Public Health Departments.”Links:Michelle Mello >>> Stanford Law pageJAMA Health Forum paper >>> “The Hard Road Ahead for State Public Health DepartmentsConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X (00:00:00) Health Policy and COVID-19 Vaccines(00:05:10) The Vaccine Rollout Challenges(00:10:25) Public Trust and Recommendations(00:16:40) The Role of the Vaccine Committee(00:23:55) NIH Grant Process Insight(00:29:43) MIT's Stance on NIH Compact Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Oct 30, 2025 • 31min

National Guard or Political Weapon?

When the National Guard shows up in American cities, it’s usually after hurricanes, fires, or floods, not political fights. But recent federal deployments have changed the landscape and raised pressing questions about how far a president’s domestic military powers can go. In this episode of Stanford Legal, host Pam Karlan talks with Professor Bernadette Meyler about the growing use of the National Guard for domestic law enforcement and what it reveals about shifting boundaries of presidential power.  Links:Bernadette Meyler >>> Stanford Law pageTheaters of Pardoning >>> Stanford Law publications pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X(00:00:00) Overview of National Guard Deployment (00:06:01) Changes in Immigration Enforcement (00:13:01) Continuous Deployment and Monitoring Elections (00:18:01) Training and Law Enforcement Activities of National Guard (00:24:31) Presidential Powers and Constraints (00:29:38) Ninth Circuit Panel’s Decision and Future Prospects Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Oct 16, 2025 • 30min

Political Enemies and the Weaponization of the DOJ

Professor Robert Weisberg, co-director of the Stanford Criminal Justice Center, joins to delve into the implications of politically motivated indictments against figures like James Comey and Letitia James. Weisberg explains the intricacies of federal grand jury processes, highlighting how recent cases break traditional norms of the DOJ. He explores the thin legal foundations of these charges, the concept of selective versus vindictive prosecution, and the potential challenges that might arise. The discussion also touches on expected future indictments in a politically charged climate.
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Oct 3, 2025 • 36min

President Trump’s Tariffs and the Separation of Powers at the Supreme Court

In April, President Trump declared a national emergency and assumed the power to levy tariffs, introducing uncertainty into global trading by reneging on previously negotiated agreements. One of the attorneys representing the challengers to the president’s decree in Trump v. VOS is Stanford Law Professor Michael McConnell, a constitutional law expert and former Tenth Circuit judge. The case, which the U.S. Supreme Court has expedited, is set to have ramifications well beyond trade. As McConnell wrote in a recent New York Times op-ed: “The tariff litigation is shaping up as the biggest separation-of-powers controversy since the steel seizure case in 1952…Understandably, most of the commentary has focused on the practical ramifications for the president’s trade negotiations and the American economy. But the cases may be even more important for the future of a fundamental component of the Constitution’s architecture: the separation of powers, intended by the founders to prevent any of the government’s three branches from becoming all powerful.” McConnell joins Pam Karlan and Diego Zambrano for a discussion about this important case, exploring whether presidents have the authority to tax through tariffs without clear congressional approval, the historical and constitutional roots of "no taxation without representation," and the seismic ramifications of a redefinition of the limits of executive economic power.Links:Michael McConnell >>> Stanford Law pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PagePam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Sep 15, 2025 • 31min

Guns, Money, and Mass Shootings

Frequent mass shootings are a distinctly American problem, with news of another tragic shooting grabbing our attention every few weeks. Yet policy change is stalled.In this episode, we focus on an important reason for the congressional paralysis—the gun lobby. John Donohue, one of the country’s leading experts on the empirical study of law and public policy, and Eric Baldwin, a research fellow at Stanford Law, join us for a discussion about their new research paper, "Another Shooting, Another Contribution From the Gun Lobby." They reveal how both gun rights and gun safety PACs flood competitive districts with donations in the wake of deadly shootings. The result? A high-stakes stalemate that helps preserve the status quo, despite overwhelming public support for measures like universal background checks. With Donohue’s decades of scholarship on crime and policy and Baldwin’s insights into political science and lobbying, the episode offers a timely look at how money and ideology shape one of the country's most polarizing debates and offers an examination of a grim reality: mass shootings have become more frequent, but meaningful reform rarely follows. Against the backdrop of rising political violence, the conversation probes the sometimes-surprising role of campaign donations and interest-group maneuvering in shaping what legislators do—or fail to do—after mass shooting tragedy.Links:John Donohue >>> Stanford Law pageEric Baldwin >>> Stanford Law pageTakuma Iwasaki >>> Stanford Law page“Financial Firepower: School Shootings and the Strategic Contributions of Pro-Gun Pacs” >>> Stanford Law pageConnect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageDiego Zambrano >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/X(00:00) Introductions and The Role of Different Gun Lobby Groups(10:01) Impact of Mass Shootings on Public Discourse (18:01) Political Reactions and Misinformation (25:01) Empirical Findings and Study Insights (30:01) Potential Changes in Public and Political Attitudes Towards Gun Violence Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Aug 21, 2025 • 31min

U.S. Risking its Scientific Research Edge?

In this episode of Stanford Legal, host Professor Pamela Karlan interviews her Stanford Law School colleague Professor Lisa Larrimore Ouellette about actions by the Trump administration that Ouellette says are undermining scientific research and jeopardizing America’s longstanding global leadership in medicine and innovation. Drawing on an essay she penned for Just Security, Ouellette explains how decades of bipartisan support for federally funded science—an engine of American innovation since World War II—is now at risk. From canceling grants already approved through peer review, to capping essential “indirect cost” reimbursements, she details how these moves threaten not just labs and universities but also patients, whose clinical trials are being abruptly halted.  Ouellette also highlights a second front in her current scholarship: how drug development policy can be better aligned with public health needs. As a member of a National Academies committee, she recently co-authored a report showing that both private investment and federal funding often fail to prioritize diseases causing the greatest suffering. Links:Lisa Larrimore Ouellette >>> Stanford Law pageThe Trump Administration’s Multi-Front Assault on Federal Research Funding  >>> Just Security pageStanford Law’s Lisa Ouellette Helps Shape New Report on Drug Development Reform  >>> Stanford Lawyer online featureConnect: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) Research Funding (05:01) The Competitive Grant Process (15:01) Addressing Disease Burden (20:00) Impacts of Stopped Clinical Trials (25:01) The Role of Federal Investment in Innovation  Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Aug 5, 2025 • 44min

Redrawing Democracy

At the urging of President Trump, the Texas legislature has launched a mid‑decade redistricting effort aimed at securing additional Republican seats in Congress. If successful, this effort could have far‑reaching implications for representation and governance—and spur other states to try the same. In this episode of Stanford Legal, two of Stanford Law School’s—and the nation’s—leading election law experts sit down to untangle the legal and political stakes of today’s redistricting wars. In their wide‑ranging discussion, Professors Pamela Karlan and Nathaniel Persily shed light on Texas’s push to add five new Republican‑leaning seats, the Supreme Court’s recent decision to re‑argue Louisiana v. Callais—a move that could reshape how the Voting Rights Act is applied—and the broader battles over race, representation, and the future of redistricting in America.Links:Nate Persily >>> Stanford Law 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) Voting Rights and Gerrymandering (05:31)The Legal Landscape of Redistricting(15:01) The Impact of Partisan Gerrymandering (25:31) The Evolving Role of the Judiciary (35:01) Future Implications for the Voting Rights Act  Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Jul 25, 2025 • 33min

Trump’s Executive Orders, Culture Wars, and Civil Rights

Trump-era executive orders, police hiring standards, and college admissions all converge in a decades-long debate over disparate impact, one of the most misunderstood yet consequential doctrines in civil rights law. In this episode of Stanford Legal, Professor Ralph Richard Banks, faculty director of the Stanford Center for Racial Justice, joins host Professor Pamela Karlan for a deep dive into how the disparate impact doctrine really works, why it matters, and what’s at stake when it’s attacked in the name of “meritocracy.” From the landmark Griggs case to modern college admissions, Banks dissects the arguments on all sides—showing how this sometimes-vilified legal doctrine not only helps root out discrimination, but can also strengthen, rather than undermine, meritocracy. Links:Rick Banks >>> Stanford Law 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) Introduction to Executive Orders and Disparate Impact (00:03:30) The Function and Impact of Universities in Society (00:09:46) Understanding Different Measures of Merit (00:13:20) Legacy Preferences and Nepotistic Systems (00:18:16) Disparate Impact in Standardized Testing (00:23:38) The Future of College Admissions and Rick Banks' Upcoming Book  Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Jul 10, 2025 • 36min

Can the Rule of Law Hold?

In this episode of Stanford Legal, Professor Pam Karlan talks about the growing politicization of the Department of Justice under the Trump administration. Drawing on her experience in the DOJ’s Civil Rights Division during both the Obama and Biden administrations, Karlan describes how recent loyalty tests, internal purges, and retaliatory transfers have hollowed out one of the nation’s most critical legal institutions. Karlan explores how the DOJ has historically relied on a “thin layer” of political leadership atop a deep bench of expert, nonpartisan career lawyers—and why that structure is now under threat. She also discusses the DOJ’s broad civil rights mandate, the challenges of a politicized environment, and the legal and moral consequences of eroding prosecutorial independence. The conversation makes the case that what’s happening now is not just a policy shift—it’s an institutional crisis that threatens the rule of law and the very idea of justice in America. Links:Neukom Center for the Rule of Law >>> Stanford Law 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) Introduction and Constraints Under Civil Service Reform Act(00:05:01) The Impact of Political Agenda on DOJ's Functioning(00:08:31) Challenges Faced by Career Lawyers(00:14:16) Interaction Between Political Appointees and Career Lawyers(00:17:46) Meritocracy and Recruitment in the DOJ(00:20:01) comparative perspective in understanding the DOJ's special role Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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Jun 26, 2025 • 33min

Free Speech Under Fire: Greg Lukianoff Discusses the Battle for Free Expression on College Campuses

Amid escalating federal pressure on universities, Stanford Law School alum Greg Lukianoff, JD ’00, joins host Professor Pam Karlan for a sharp look at the free speech firestorms engulfing universities like Harvard and Columbia. First Amendment champion, president of the Foundation for Individual Rights and Expression (FIRE), and co-author of The Coddling of the American Mind, Lukianoff recently penned an essay for The Atlantic titled “Trump’s Attacks Threaten Much More Than Harvard.” In this episode, Lukianoff expands on his essay, breaking down the Trump administration’s tactics to punish elite institutions, from defunding threats and faculty interference to student visa crackdowns, while also calling out universities themselves for stifling dissent and eroding public trust in higher education.Links:Greg Lukianoff  >>> FIRE pageThe Canceling of the American Mind >>> web pageThe Coddling of the American Mind >>> web page“Trump’s Attacks Threaten Much More Than Harvard” >>> The Atlantic 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) Introduction of Greg Lukianoff(00:05:01) Free Speech and Academic Freedom(00:10:01) Challenges to Free Speech(00:15:01) Legal Cases and Free Speech(00:20:01) Free Speech and the Government (00:30:01) Future of Free Speech Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

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