Pam Karlan and labor law expert and former NLRB chair William Gould IV explore the quickly changing arena of college athletics including the push for student-athlete unionization, the debate over compensation, and other issues at the intersection of sports and academia. From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, they discuss the complex issues shaping the law and the future of collegiate sports.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLinks:William Gould IV >>> Stanford Law School PageRecent Q&A with Gould >>> Stanford's Bill Gould on the Dartmouth College Basketball  Union Vote (00:00:00) Chapter 1: Introduction to the Intersection of Sports and Labor LawPam Karlan introduces the topic of sports law and labor law, highlighting the recent developments in the field and the significance of the intersection between the two areas. Bill and Pam look at an overview of the Dartmouth College men's basketball team unionization case and its implications for the traditional understanding of student-athlete status.(00:02:03) Chapter 2: The Evolving Definition of Student-AthleteWilliam B. Gould IV delves into the historical context of the student-athlete designation, tracing its origins and evolution over time. He discusses the complexities of defining student-athletes within the framework of labor law and examines the factors that have contributed to the recent challenges to this classification.(00:06:49) Chapter 3: Labor Law Considerations in Collegiate AthleticsGould explores the key principles of labor law as they apply to collegiate athletics, emphasizing the factors that determine employee status and the obligations of universities as employers. The chapter addresses issues such as control over athletes, compensation, and the role of collective bargaining in shaping the future of collegiate sports.(00:10:00) Chapter 4: Implications for Intercollegiate SportsKarlan and Gould discuss the broader implications of the Dartmouth case and similar unionization efforts for intercollegiate sports as a whole. They examine the challenges posed by conference realignment, Title IX considerations, and the evolving landscape of athlete compensation, including name, image, and likeness rights.(00:14:23) Chapter 5: Legal and Policy PerspectivesThe conversation shifts to a discussion of the legal and policy considerations surrounding student-athlete rights and the role of the courts in shaping future outcomes. Gould offers insights into the potential impact of Supreme Court decisions and judicial attitudes towards higher education institutions and their treatment of athletes.(00:21:08) Chapter 6: Looking AheadIn the final chapter, Karlan and Gould reflect on the future of collegiate athletics in light of ongoing legal battles and shifting societal norms. They explore potential scenarios for reform and address lingering questions about the balance between academic and athletic pursuits, the role of unions in protecting athlete rights, and the broader implications for labor relations in the sports industry.

Discussing the Alabama Supreme Court ruling on frozen embryos as children, implications for IVF treatments, and legal complexities. Exploring bioethics, embryo rights, and reproductive freedoms. Hank Greely provides insights on the case and its nationwide impact, highlighting the intersection of law, medicine, and ethics.

Why does the U.S. have the highest incarceration rate in the industrialized world, with individuals, communities, and taxpayers paying a steep price for lengthy prison terms for even nonviolent offenders?  Michael Romano, a criminal justice lawyer who founded and directs the Three Strikes Project at Stanford Law School, the first law school program of its type in the country focused on securing reduced sentences for incarcerated people deemed to be serving disproportionate sentences, has spent his career on this uniquely American challenge. As the project’s director for the past 16 years, Mike has worked with Stanford Law students to win the release of more than 200 Californians imprisoned under the state’s Three Strikes law.Along with helping hundreds of people sentenced to life in prison for minor/nonviolent crimes, the Three Strikes team also worked to change California’s Three Strikes Law. In 2012 they celebrated passage of the Three Strikes Reform Act, a landmark legislative effort led from start to finish by Stanford Law students and project staff members in partnership with the NAACP Legal Defense Fund.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XMichael Romano >>> Twitter/X

Important questions regarding Trump: can he be prosecuted for criminal wrongdoing when he was serving as president, whether the two impeachment trials matter, and if Colorado’s decision to disqualify him from the state’s primary ballots is constitutional. Pulitzer Prize winning historian Jack Rakove joins Pam and Rich for a discussion on the U.S. Constitution, originalism, charges against former president Donald Trump, and the role of historians in constitutional litigation.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLinks:Jack Rakove >>> Stanford University Page

Drinkable water is a precious commodity. But as population growth, aging infrastructure, drought, and climate change pose challenges to freshwater quality and quantity in America, the safety and amount of water in parts of the U.S. is in question. With more than 140,000 separate public water systems in the country, how can federal, state, and local governments, along with the various water authorities, take on this challenge alone? In this episode we hear from global water and natural resources expert Barton “Buzz” Thompson, about this new book Liquid Asset: How Business and Government Can Partner to Solve the Freshwater Crisis —and his recommendations for how to solve the freshwater crisis in the U.S.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLinks:Buzz Thompson >>> Stanford Law School PageLiquid Assets: How Business and Government Can Partner to Solve the Freshwater Crisis.Paul Milgrom & Auction TheoryChapter Timestamps:(00:00:00) Introduction & Water's Scarcity Hosts Rich Ford and Pam Karlan introduce guest, Buzz Thompson, an expert in water law and author of Liquid Assets(00:01:18) Water Challenges TodayThe scarcity of fresh water globally, and the multiple crises facing water resources: uneven distribution, climate change and the depletion of groundwater resources.(00:04:30) Water Infrastructure What is water infrastructure in the United States, the current state of it, and the repairs and upgrades required and being undertaken.(00:07:14) Updating Infrastructure & 21st-Century Technology Examples of modern wastewater treatment methods, advocating for resource recovery centers and outlining their potential benefits by adopting 21st century technology.(00:09:08) Fragmented Water Systems The complexity of water systems, & the challenges created by small water systems (00:12:00) Water Rights & Legal Structures The current legal structure of water rights in the USA,and defining the goals of both protecting water as a public resource, and a private commodity.(00:16:25) Private Sector's Role & Future Solutions Buzz discusses water markets internationally, and the private sector's role in innovation, technology, and financing to bridge the gap in water management. (00:18:59) Challenges with Outdated Water Rights Rich & Buzz  discuss the challenges created by the current water rights model, and the necessity, possibilities, and challenges for legal reform.(00:21:18) Proposal for Tradeable Water Rights The concept of converting existing water rights into more easily transferable ones similar to real property, in order to eliminate the current challenges.(00:25:49) Changing a System of Water RightsAustralia's successful reform in the Murray-Darling Basin, where water rights were revamped for better tradeability and how they safeguarded the environment.(00:27:31) Conclusion

Women and minorities continue to be underrepresented in patent issuing and less often are granted credit for their innovations. We examine why this is, the impacts it has, and what can be done about it. Patents, and the protection of inventor rights, was deemed important enough that when the U.S. Constitution was ratified in 1788 it included what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads “[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Our guest in this episode is Lisa Larrimore Ouellette, whose latest research looks at inequality in the patent system and how that impacts innovation. Her paper “Improving Equity in Patent Inventorship” was recently published in Science.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XLisa Ouellette >>>  Twitter/XChapters:(00:00:00) Introduction and Patent System OverviewThe significance of patents and their historical context. Intro of guest Lisa Ouellette’s research on inequity in the patent system (00:01:47) Understanding Patents and their Benefits The purpose of patents, their duration, and their impact on inventors' rights. Discussion on how patents apply across various industries like pharmaceuticals, software, and AI.(00:04:10) Inequities in the Patent SystemDisparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.(00:07:15) The Innovator-Inventor GapExploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.(00:11:15)  Impact of Patent RecognitionThe significance of being listed as a patent inventor: impact on career, earnings, and professional reputation. (00:13:33) Innovation Type with Diverse InventorshipInsights into the potential shift in innovation focus due to diversity within inventor teams. (00:14:54) Addressing Inequity: Policy ReformsChallenges faced by underrepresented groups in persisting through the patent application process, suggestions for change and the impact of real-world programs to address these challenges(00:18:37) AI's Influence and ChallengesSpeculations on AI's impact on patent accessibility and equity. Challenges and potential exacerbation of disparities due to AI-generated patent claims.(00:21:11) Conclusion

 In June, 2022 the U.S. Supreme Court delivered an historic and far reaching decision overturning Roe v. Wade and turning abortion law to the states. Less than two years on, we are seeing just how that decision is playing out as women navigate a divided country with a patchwork of reproductive rights.  The recent example of Kate Cox, a Dallas-area mother of two who sought to have a medical exemption from Texas’ strict abortion laws and was forced to leave the state to receive the care she needed when her request was denied, brought the consequences of the Court’s decision to the headlines. In this episode we hear from the show’s co-host Pam Karlan, an expert in reproductive law, about the Texas case and reproductive rights in the US after Roe was overturned.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XChapters:(00:00:00) IntroductionRich Ford introduces the episode and highlights the significant changes in abortion laws over recent years. (00:01:08) Current Legal ContextPam Karlan provides an overview of the legal landscape since the Dobbs case decision and summarizes the changes and confusion it has led to.(00:05:00) Texas Abortion Controversy: Kate Cox CaseFocus on the case of Kate Cox, a woman in Texas seeking abortion due to fetal health complications. Analysis of the legal, political, and ethical implications of the verdict.(00:10:02) Impact of Returning Abortion Laws to StatesThe misconception that returning abortion decisions to states would reduce controversy. Analysis of attempts to to restrict travel for abortion services.(00:12:20) Legal Ramifications and Political ScenariosDiscussion on potential legal consequences for aiding abortion travel and comparisons with state laws regarding child-related travel. Contemplation of federal abortion bans utilizing the Commerce Clause and the potential scenarios for imposing such bans.(00:14:48) Medical Abortions and Legal ChallengesInsights into the rise of medical abortions and the controversy surrounding the approval and distribution of drugs, and subsequent legal battles.(00:20:20) State Politics, Abortion Laws & State Referendum DynamicsExploration of the shifting dynamics in state politics, including red states' stances on protecting abortion rights, and measures in California & Ohio.(00:22:56) Shifting Political NarrativesDiscussion on the evolving focus of the abortion debate, and examination of how abortion politics are playing out in national and state elections, influencing political strategies.(00:24:59) Federal Legislation Prospects and Responsive ActivismThe potential for federal legislation protecting or banning abortion rights & insights into citizen activism  both aiding and impeding abortion access. (00:28:18) Abortion in Unlikely ArenasExamples showcasing how abortion politics infiltrate seemingly unrelated areas, affecting military promotions and governmental functionality. 

In this episode, Pam Karlan and Rich Ford explore recent 2nd Amendment Supreme Court cases, the evolution of gun laws, and the implications of increased gun accessibility in the U.S. Joined by John Donohue, an empirical researcher who is an expert on firearms and the law, they discuss the proliferation of guns and automatic weapons, which make the US an outlier among Western countries for its mass killings, and the ways in which gun laws have made the U.S. more deadly—including for law enforcement. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XJohn Donahue >>> Twitter/XChapters:(00:00:00) Introduction Pam Karlan introduces the episode, highlighting the recent surge in mass shootings in the US, and introduces this week’s guest, John Donahue, one of the nation’s leading experts on firearms and the law.(00:01:16) Proliferation & Access to Assault Weapons in AmericaThe impact of the termination of the federal assault weapon ban in 2004 on mass shootings and a comparison to other nations restrictions on these weapons.(00:05:07) Supreme Court and the Rahimi CaseAnalyzing the Rahimi case and its implications regarding the possession of weapons under restraining orders and the Supreme Court's evolving stance on gun rights.(00:06:37) The Gun Lobby & the Republican PartyExploring the relationship between the gun lobby, manufacturers, and republicans and the effects this evolving relationship has had since the mid nineties.(00:13:10) Constitutional Shifts The transformation in Second Amendment interpretations from the 1930s to the recent Bruen case, exploring the Supreme Court's methodology and its implications for gun regulations and the Rahimi decision before them now.(00:15:40) Frozen Interpretations The historical context of the Second Amendment, the oddity of freezing it, and how the current context challenges the applicability of historical Second Amendment interpretations.(00:19:05) Broader Implications The broader spectrum of issues stemming from the proliferation of access to firearms and the growing lethality of weaponry, including rising firearm-related suicides and homicides.(00:24:05) Bruen & Gun Laws The effect of the Bruen case on laws like restraining immediate access to weapons, and safe storage laws(00:26:08) Law Enforcement & Gun ProliferationJohn explains how the proliferation and of firearms has affected the polices ability to clear violent crimes, and increases police involved shootings(00:28:31) Conclusion

From the recent Senate dress code controversy to landmark legal cases, explore the nuanced intersection of the law and fashion, gender identity, and cultural expression. Join Pam Karlan and Rich Ford to delve into the intricate world of dress codes and the law, examining their historical roots and contemporary implications.The discussion begins with the recent Senate dress code controversy, unravelling the political and cultural factors at play. The hosts delve into the historical context, touching on sumptuary laws in medieval Europe and the Great Male Renunciation, offering valuable insights into the evolution of societal norms. Pivotal legal cases such as Jespersen v. Harrah’s and the challenges surrounding gender-specific dress codes and religious exemptions are dissected. Throughout the episode, engaging anecdotes and thought-provoking analysis provide listeners with a profound understanding of the legal complexities shaping our attire, identities, and societies.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/XRich Ford's Book >>> Dress Codes: How the Laws of Fashion Made HistoryChapters:(00:00:00) IntroductionPam Karlan and Rich Ford introduce the episode, Rich’s book 'Dress Codes, How the Laws of Fashion Made History’(00:01:08) Senate Dress Code DramaThe recent elimination and subsequent reinstatement of the dress code in the U.S. Senate; specific mention of John Fetterman & Kyrsten Sinema.(00:03:55) Solicitor General's OfficeAnalysis of the gendered nature of dress code challenges faced by the first female Solicitor General, Elena Kagan, in navigating the formal attire expectations.(00:06:53) Dress Code MessagesExamination of the message behind politicians & tech industry dress choices to send a message(00:09:47) The Personal Side of Dress CodesRich Ford's personal experiences and anecdotes, including his participation in Esquire's Best Dressed Real Man contest.(00:10:39) Sumptuary Laws and Fashion in the Middle AgesDiscussion on medieval sumptuary laws and their detailed regulations on attire, reflecting societal hierarchies and power dynamics.(00:12:27) Earrings as Signifiers: From Medieval Italy to Modern CampusesExploration of earrings as symbols, from distinguishing religious groups in medieval Italy to contemporary cultural identifiers on college campuses.(00:15:04) The Great Masculine Renunciation and Gendered AttireExamination of the historical shift in men's fashion during the 1700s, marking the beginning of subdued, practical attire and its implications on gender roles.(00:17:30) Modern Title VII ChallengesIn-depth analysis of modern legal cases involving gender and dress codes specifically discussing Jespersen v. Harrah, and the Amy Steven’s case involving transgender rights & how gender expression is changing.(00:22:18) Sex, Race, & Dress CodesReflection on cases where hairstyles were the center of dress-code legal cases, particularly affecting members of a particular race.(00:26:28) Religious Exemptions and Dress Codes: A Global PerspectiveExploration of religious exemptions from dress codes, and the clash between cultural expression and state regulations.(00:27:02) Conclusion

After a hiatus, Stanford Legal returns to your podcast feed. Start with our first episode back, where hosts Pam Karlan and Rich Ford sit down with criminal law expert David Sklansky to unpack the numerous indictments against Donald Trump. But that's not all: our upcoming episodes will explore a range of pressing legal topics from AI to the Supreme Court’s latest decisions. Make sure you're following Stanford Legal, so you don't miss an episode! And "hit the bell" in Spotify.Episode Transcripts >>> Stanford Legal Podcast WebsiteConnect:Stanford Legal Podcast >>> LinkedIn PageRich Ford >>>  Twitter/XStanford Law School >>> Twitter/XStanford  Law Magazine >>> Twitter/X