Stanford Legal

Stanford Law School
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May 9, 2024 • 28min

Stanford's David Sklansky on Trump's Many Trials

Criminal law expert and former federal prosecutor David Sklansky joins Pam and Rich to discuss the New York trial and other cases against former president Trump. From state prosecutions to federal cases, they analyze the defense and prosecution strategies and implications of each trial, shedding light on the legal challenges facing Trump, the first current or former president in U.S. history to face criminal charges.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:David Sklansky >>> Stanford Law School Page[00:00:00] Chapter 1: Progress and Impact of the New York TrialDiscussion of Donald Trump’s ongoing trial in New York related to hush money payments.Focus on the efficiency of jury selection and trial progress.Analysis of the impact of trial pace on prosecution's case.The role of trial speed in influencing juror perceptions.[00:04:48] Chapter 2: Trump's Response and Gag OrderTrump's response to the trial and constraints of the gag order.Effectiveness of the gag order in curbing Trump's behavior.Discussion on Trump's criminal contempt and its implications.Analysis of potential consequences and judicial response.[00:08:58] Chapter 3: Case Strength/Strategy and Jury Perception Evaluation of the strength of the case and potential challenges.Impact of jury perception on the trial outcome.Insight into trial strategy regarding witness sequencing.Discussion on the prosecution's approach to witness testimony.[00:19:45] Chapter 4: Supreme Court's Role and Case ComplexityDiscussion on the Supreme Court's involvement in pending cases.Analysis of case complexity and its impact on trial timelines.[00:22:56] Chapter 5: Challenges in the Mar-a-Lago Case Examination of challenges and delays in the Mar-a-Lago case.Analysis of trial judge's management and potential trial outcomes.[00:25:49] Chapter 6: Potential Trial Outcomes and Implications Discussion on potential trial outcomes and their implications.Overview of civil cases against Trump and their significance. 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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Apr 25, 2024 • 32min

AI in Government and Governing AI: A Discussion with Stanford’s RegLab

Joining Pam and Rich for this discussion are Professor Daniel Ho and RegLab Fellow Christie Lawrence, JD ’24 (MPP, Harvard Kennedy School of Government).Dan is the founding director of Stanford’s RegLab (Regulation, Evaluation, and Governance Lab), which builds high-impact partnerships for data science and responsible AI in the public sector. The RegLab has an extensive track record partnering with government agencies like the Environmental Protection Agency, Internal Revenue Service, the U.S. Department of Labor, and Santa Clara County on prototyping and evaluating AI tools to make government more fair, efficient, and transparent. Building on this work, the RegLab also helps agencies strengthen AI governance and operationalize trustworthy AI principles.Christie, a third-year JD student, worked with RegLab and Stanford’s Innovation Clinic on projects to advise DOL on responsible AI and development practices and to support the work with Prof. Ho on the National AI Advisory Committee, which advises the White House on AI policy. In this interview, we’ll learn about several RegLab projects—and the importance of helping government develop smart AI policy and solutions.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:Dan Ho >>> Stanford Law School web page[00:00:00] Chapter 1: Setting the StageMention of the rapid acceleration of technology and the release of ChatGPT.Highlighting the risks associated with AI, such as bias and privacy concerns.Discussion on the relationship between AI and governance, including recent developments in AI policy and governance.Mention of the Biden administration's executive order on AI and its implications.[00:03:04] Chapter 2: The Role of Reg Lab and Collaboration with the IRSExplanation of the Reg Lab and its purpose.Discussion on the need for government agencies to modernize their technology infrastructure.Overview of the collaboration with the IRS to improve tax evasion detection using machine learning.Discovery of disparities in auditing rates and subsequent IRS reforms.Highlighting the intersection of AI, social justice, and government practices.[00:09:12] Chapter 3: Student PerspectiveChristie Lawrence shares her experience working on AI policy at Stanford Law School.Discussion on bridging the gap between policy, law, and technology.Impactful work done by students in collaboration with government agencies.[00:11:38] Chapter 4: AI and Social JusticePam Karlan's experience with AI issues in the Justice Department's Civil Rights Division.Examples of algorithmic discrimination and its implications for social justice.Discussion on the challenges of addressing AI-related issues in government practices.[00:23:55] Chapter 5: Future DirectionsOptimism about the future of AI governance and the recent executive order's impact.Anticipation of legislative proposals and state-level initiatives in AI regulation.Importance of maintaining an open innovation ecosystem and addressing talent gaps in government agencies.[00:25:55] Chapter 6: Audience Questions  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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Apr 11, 2024 • 37min

Representing Clients at the Supreme Court

Easha Anand, Co-director of Stanford Law School Supreme Court Litigation Clinic, discusses cases argued before the Court, their impact, and unique clinic approach. Students share experiences, legal challenges faced, and preparing for Supreme Court arguments. The podcast delves into whistleblowing cases, client defense complexities, and student involvement in legal battles.
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Mar 28, 2024 • 31min

"Beware Euphoria: Unraveling America's Drug War"

Dive into the complex history of America's drug war with George Fisher, former Massachusetts Attorney General and acclaimed scholar of criminal law. In his latest book, "Beware Euphoria," Fisher explores the moral and racial dimensions of drug prohibition, challenging conventional narratives. Join the conversation on Stanford Legal as Fisher discusses the impact of racial justice movements on drug policy, including the legalization of cannabis, offering profound insights into a contentious issue shaping legal and social discourse.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:George Fisher >>> Stanford Law School PageBeware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs(00:00:00) Chapter 1: The Origins of Drug Prohibition Podcast guest, George Fisher, traces the history of drug prohibition, highlighting the departure of cannabis use from medical preservation. He also discusses the 19th-century roots of drug prohibition, particularly the moral concerns driving the anti-drug laws.(00:11:42) Chapter 2: Racial Narratives and Mass IncarcerationRich Ford discusses the common narrative linking mass incarceration to the war on drugs and its alleged racial motivations. Fisher challenges this narrative, arguing that early drug laws were about protecting whites' moral purity rather than targeting people of color. The conversation explores the racial dynamics of early drug laws, emphasizing the racism of indifference rather than explicit targeting.(00:20:20) Chapter 3: Moral Valence of Mind-Altering Drugs Fisher delves into the historical moral perceptions of mind-altering drugs, tracing back to Early Christian notions of reason and morality.He explains why certain drugs, like opium and later marijuana, were seen as threats to moral character, while alcohol was treated differently due to its varied uses.(00:26:15) Chapter 4: Legalization of Marijuana and Racial Justice The conversation shifts to the legalization of marijuana, highlighting its historical bans and recent movements towards legalization. Concerns about the increasing potency of marijuana and its potential backlash are explored, suggesting a need for careful regulation and messaging.(00:30:19) Conclusion: Closing RemarksRich Ford wraps up the conversation with George Fisher discussing insights and emphasizing the importance of discussing the ongoing struggle with drugs and intoxicants. 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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Mar 14, 2024 • 33min

Bill Gould on Dartmouth Basketball and the Changing Game of Unions and College Athletics

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. 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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Feb 29, 2024 • 35min

Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US

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.
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Feb 15, 2024 • 30min

Tackling Mass Incarceration in the US

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 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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Feb 1, 2024 • 26min

The Constitution, Trump, and the Struggles of US Courts to Interpret History with Jack Rakove

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 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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Jan 18, 2024 • 28min

Droughts, Failing Infrastructure, and Water

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 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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Jan 4, 2024 • 22min

Does Inequity in U.S. Patent Inventorship Matter? A Discussion on Inequality in the Patent System and how it Impacts Innovation

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 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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