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Stanford Legal

Stanford Legal

Stanford Law School

Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Stanford Legal launched in 2017 as a radio show on Sirius XM. We’re now a standalone podcast and we’re back after taking some time away, so don’t forget to subscribe or follow this feed. That way you’ll have access to new episodes as soon as they’re available. We know that the law can be complicated. In past episodes we discussed a broad range of topics from the legal rights of someone in a conservatorship like Britney Spears to the Supreme Court’s abortion decision to how American law firms had to untangle their Russian businesses after the invasion of Ukraine. Past episodes are still available in our back catalog of episodes. In future shows, we’ll bring on experts to help make sense of things like machine learning and developments in the regulation of artificial intelligence, how the states draw voting maps, and ways that the Supreme Court’s affirmative action ruling will change college admissions. Our co-hosts know a bit about these topics because it’s their life’s work. Pam Karlan studies and teaches what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs Stanford’s Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark marriage equality win and David Riley in a case where the Supreme Court held that the police generally can’t search digital information on a cell phone seized from an individual who has been arrested unless they first get a warrant. She has argued before the Court nine times. And Rich Ford’s teaching and writing looks at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear. The law is personal for all of us—and pivotal. The landmark civil rights laws of the 1960s have made discrimination illegal but the consequences of the Jim Crow laws imposed after the civil war are still with us, reflected in racially segregated schools and neighborhoods and racial imbalances in our prisons and conflict between minority communities and police. Unequal gender roles and stereotypes still keep women from achieving equality in professional status and income. Laws barring gay people from marrying meant that millions lived lives of secrecy and shame. New technologies present new legal questions: should AI decide who gets hired or how long convicted criminals go to prison? What can we do about social media’s influence on our elections? Can Chat GPT get copyright in a novel? Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks. To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.
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Top 10 Stanford Legal Episodes

Goodpods has curated a list of the 10 best Stanford Legal episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Stanford Legal for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Stanford Legal episode by adding your comments to the episode page.

Is the president above the law? Is the Electoral College democratic? In this episode, historian Jonathan Gienapp critiques the mainstream use of originalism, arguing that it often neglects crucial historical context, overlooking the complexities of original public understanding. The conversation dives into recent court cases, highlighting tensions between historical interpretation and contemporary judicial practices. This is clearly illustrated in Gienapp’s discussion of the Electoral College—a uniquely American invention. He explains the historical roots of the Electoral College, the Framers' intentions, and the criticisms it faces today. He also sheds light on how the Electoral College emerged as a compromise among less desirable options and the historical context surrounding its establishment, including issues of accountability and regional interests. The conversation also touches on ongoing debates about potential reforms, public sentiment toward a national popular vote, and the challenges of amending the Constitution in today's contentious political landscape. Join us for an enlightening discussion that bridges history with contemporary constitutional debates.

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(00:00:00) Chapter 1: Introduction and the Flaws of Originalism
Hosts Pam Karlan and Rich Ford discuss the key issues with modern originalism, focusing on how originalists often overlook the historical context necessary to truly capture the Constitution’s original meaning with historian Jonathan Gienapp. Gienapp critiques the flexibility of originalist interpretations, especially when applied to complex constitutional concepts like freedom of speech and executive power.

(00:04:33) Chapter 2: Public Meaning vs. Original Intent
Rich Ford explores the tension between public meaning and original intent in originalist theory. Gienapp explains how, despite attempts to distinguish them, the two often overlap in practice. The discussion highlights the inconsistency in how originalists pick and choose historical evidence to support their interpretations.

(00:07:47) Chapter 3: Judicial Interpretation in Practice: Rahimi and Trump Cases
Pam Karlan brings up recent court cases, including United States v. Rahimi and Trump v. United States, where originalist judges either struggled with historical evidence or avoided it altogether. Gienapp notes the irony of originalists relying on minimal historical analysis when it contradicts their desired outcomes.

(00:12:04) Chapter 4: The Framers' Vision of the Presidency

Jonathan Gienapp discusses the historical foundations of the American presidency, emphasizing the founding generation's rejection of monarchy and the importance of presidential accountability. He highlights the debate at the Constitutional Convention regarding the balance between a strong executive and ensuring that executive power remains accountable to the people.

(00:17:06) Chapter 5: Originalism and Constitutional Interpretation

Jonathan Gienapp delves into the complexities of originalism as a judicial philosophy. He explains the tension between the rhetoric of originalism and its inconsistent application in Supreme Court decisions. He argues for either a more serious commitment to originalism or a recognition of constitutional pluralism, where history is used alongside other interpretative methods.

(00:21:39) Chapter 6: The Origins and Challenges of the Electoral College

Exploration of the creation of the Electoral College, discussing how it emerged not as a perfect solution but as a compromise to address competing concerns about legislative selection, popular votes, and regional interests. Gienapp examines past and present efforts to reform the Electoral College and explains why it persists despite criticism.

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When does life begin? In this episode of Stanford Legal, co-hosts Rich Ford and Pam Karlan dig into the recent decision by the Alabama Supreme Court that has sent shockwaves through the fertility treatment community. The ruling, which considers frozen embryos as children under state law, has wide-ranging implications for in vitro fertilization (IVF) practices. Bioethics and law expert Hank Greely joins the discussion, providing insights into the background of the case, its legal implications, and the potential ramifications for IVF clinics and patients in Alabama—and throughout the country. The conversation highlights the intersection of law, medicine, and ethics, revealing the complex challenges surrounding embryo rights and reproductive freedoms.

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(00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

  • Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

(00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

  • Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

(00:08:21) Chapter 3: Understanding Frozen Embryos

  • Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

(00:14:05) Chapter 4: Legal and Ethical Concerns

  • Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

(00:26:49) Chapter 5: Gender and Control Over Reproduction

  • Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

(00:33:29) Chapter 6: Political Ramifications and Predictions

  • Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.
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Criminal law expert David A. Sklansky discusses the August 8 search by the FBI of Donald J. Trump’s Florida residence and the legal implications of news reports that the former president took more than 700 pages of classified documents, including some related to the nation’s most covert intelligence operations, to his private club.
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After a hiatus, Stanford Legal returns to your podcast feed. In our first episode relaunching November 9th, join hosts Pam Karlan and Rich Ford as they 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!

Episode Transcripts >>> Stanford Legal Podcast Website

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Join us this Thursday for the return of Stanford Legal, with a new episode featuring criminal law expert David Sklansky, who will break down some of the most serious charges against former president--and 2024 presidential hopeful-- Donald Trump. Sklansky, a former prosecutor and co-director of the Stanford Criminal Justice Center, lends his expertise to help us understand the complexities of these unprecedented legal proceedings. Be sure to subscribe for a front-row seat to this enlightening legal discourse.

Make sure you're following Stanford Legal, so you don't miss an episode!

Episode Transcripts >>> Stanford Legal Podcast Website

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The many indictments against Donald Trump, former president and current Republican frontrunner for the 2024 presidential contest, have left many scratching their heads. Is the Florida documents case more important than the Georgia election interference one? Is it all just political theatre, or is this serious? Here to help make sense of it is former prosecutor and criminal law expert David Alan Sklansky, who joins Pam and Rich for this episode about the criminal cases against Trump and how they might play out in this critical campaign year. From the intricacies of witness testimonies to the strategic implications for co-defendants, this episode touches on the unprecedented challenges faced by judges, lawyers, and the American legal system.

This is the first episode of the newly-relaunched Stanford Legal podcast; make sure you're following so you don't miss an episode!

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(00:00:00) Introduction

Rich Ford and Pam Karlan reintroduce the Stanford Legal podcast after a hiatus, as well as guest David Alan Sklansky. Overview of the four major criminal indictments against Trump.

(00:05:02) Severity and Strength of Charges

Analysis of the seriousness of charges & assessment of the legal strengths of different cases, highlighting the Florida case as particularly challenging for Trump.

(00:07:25) Trump's Trial Strategies

Prediction of strategies to delay the trials, including attempts to change judges, create discovery disputes & Trump's courtroom absence during the trials.

(00:12:05) The Judges Navigate Trump’s Cases

Sklansky discusses the particular challenges the judges are facing presiding over these trials.

(00:15:04) Ensuring an Unbiased Jury

Discussion on the difficulty of finding jurors unafraid to participate due to potential threats or intimidation. Insight into the legal system's approach to selecting jurors and the importance of reasoned deliberation.

(00:18:12) Trump’s Codefendants

Analysis of co-defendants in the cases, highlighting the New York and Georgia indictments.

(00:22:24) Strategic Implications of Conviction

Discussion on how trial outcomes may influence co-defendants' decisions & their repeated testimonies and its impact on legal proceedings.

(00:24:18) Legal Representation Challenges

Examination of co-defendants' legal representation, including lawyers paid by the Trump campaign, as well as the intersection of cases, and unprecedented consequences.

(00:26:30) March to Trial and Democracy's Future

Discussion on the anticipation of the D.C. election fraud trial in March and its historical significance.

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Stanford Legal - Trade Wars with guest Alan Sykes
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04/14/18 • 28 min

Stanford Legal with Pam Karlan & Joe Bankman: "Trade wars with guest Alan Sykes" Stanford Law professor and Director of the Masters Program in International Economic Law, Business and Policy Alan Sykes discusses the benefits and drawbacks of a trade war and what it would look like if President Trump decides to engage in one. Originally aired on SiriusXM on April 14, 2018. Recorded at Stanford Video.

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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.

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(00:00:00) Introduction and Patent System Overview
The 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 System

Disparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.

(00:07:15) The Innovator-Inventor Gap

Exploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.

(00:11:15) Impact of Patent Recognition

The significance of being listed as a patent inventor: impact on career, earnings, and professional reputation.

(00:13:33) Innovation Type with Diverse Inventorship

Insights into the potential shift in innovation focus due to diversity within inventor teams.

(00:14:54) Addressing Inequity: Policy Reforms

Challenges 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 Challenges

Speculations 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

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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.

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(00:00:00) Introduction

Rich Ford introduces the episode and highlights the significant changes in abortion laws over recent years.

(00:01:08) Current Legal Context

Pam 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 Case

Focus 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 States

The 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 Scenarios

Discussion 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 Challenges

Insights 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 Dynamics

Exploration 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 Narratives

Discussion 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 Activism

The 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 Arenas

Examples showcasing how abortion politics infiltrate seemingly unrelated areas, affecting military promotions and governmental functionality.

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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 Website

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FAQ

How many episodes does Stanford Legal have?

Stanford Legal currently has 161 episodes available.

What topics does Stanford Legal cover?

The podcast is about News, Elections, Supreme Court, Social Media, College Admissions, Law, Ukraine, News Commentary, Podcasts, Civil Rights, Artificial Intelligence, Machine Learning, Law School and Government.

What is the most popular episode on Stanford Legal?

The episode title 'Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US' is the most popular.

What is the average episode length on Stanford Legal?

The average episode length on Stanford Legal is 28 minutes.

How often are episodes of Stanford Legal released?

Episodes of Stanford Legal are typically released every 14 days.

When was the first episode of Stanford Legal?

The first episode of Stanford Legal was released on Dec 9, 2017.

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