Free speech has long been a constitutional cornerstone in the United States—but in recent years, calls for censorship have surged. Whether in response to hate speech, misinformation, or online harm, efforts to restrict expression are on the rise. In this provocative conversation, former ACLU president and NYU Law Professor Nadine Strossen mounts a powerful defense of the First Amendment. Drawing from her latest book, War on Words: 10 Arguments Against Free Speech—And Why They Fail , Strossen exp...
Aug 07, 2025•1 hr 35 min
When a string of 2025 executive orders barred select law firms from federal buildings, revoked security clearances, and threatened to cancel their clients’ government contracts, Big Law took notice. Yale Law professor John Morley—author of Why Law Firms Collapse —joins Talks On Law host Joel Cohen to explain: how the orders leverage client pressure to destabilize even thriving partnerships; the “bank-run” dynamic of partner exits and collapsing profits-per-partner; bankruptcy claw-back rules and...
May 28, 2025•1 hr 18 min
Growing evidence links heavy social‑media use to rising anxiety, bullying, and sextortion among kids, and state lawmakers are racing to respond. In this interview, Harvard Law School’s Leah Plunkett —reporter for the Uniform Law Commission’s child‑influencer act—and University of Virginia family‑law scholar Naomi Cahn examine how new statutes seek to verify age, require parental consent, and redesign feeds to curb addictive features. Plunkett and Cahn compare Florida’s and Utah’s sweeping under‑...
May 07, 2025•1 hr 32 min
Digital platforms now enable the near-instantaneous distribution of information, including misinformation and disinformation, to vast audiences. Disinformation refers to false or manipulated information deliberately created to deceive, whereas misinformation is inaccurate or misleading information that is sometimes shared without harmful intent. Professor Barbara McQuade—a former U.S. attorney and current professor of National Security Law at the University of Michigan Law School—explores these ...
Apr 14, 2025•1 hr 6 min
An interview with Prof. Carrie Menkel-Meadow In this episode, Professor Carrie Menkel-Meadow of UC Irvine Law School delves into the ethical frontiers of legal negotiation, challenging attorneys to reflect on which tactics align with both zealous advocacy and professional integrity. Menkel-Meadow navigates the evolution from a model of unbridled assertiveness toward a modern framework that prizes diligence, honesty, and respect for the Model Rules of Professional Conduct. Throughout the conversa...
Mar 20, 2025•1 hr 25 min
The legal profession faces alarmingly high rates of substance abuse and mental health challenges. In this conversation, Brian Cuban , attorney, author, and addiction recovery advocate, explores the systemic and cultural factors contributing to addiction among lawyers and provides actionable strategies for prevention and recovery. Cuban shares his deeply personal journey of battling addiction and rebuilding his life, offering valuable insights into how stigma, stress, and the “work hard, play har...
Jan 19, 2025•1 hr 31 min
As artificial intelligence systems become increasingly expensive and resource dependant to develop, a question arises: Are we witnessing the emergence of AI as a natural monopoly ? In this conversation, Berkeley Law Professor Tejas Narechania explores how the market forces driving AI consolidation create both efficiency and significant legal risks. Professor Narechania explains the structural conditions under which a natural monopoly can form—where the high costs of developing foundational AI mo...
Jan 10, 2025•1 hr
Autonomous lethal weapons, often sensationalized as “killer robots,” are no longer confined to science fiction—they are a rapidly advancing reality in modern warfare. In this conversation, Georgetown Law Professor Mitt Regan, an expert on the laws of war and international law, delves into the profound ethical and legal implications of AI-enabled weapon systems for both current conflicts and the future of warfare. Central to the conversation are the legal frameworks governing AI-enabled weapons u...
Nov 29, 2024•1 hr 2 min
Large language models (LLMs) are trained on vast, nearly unfathomable amounts of data—data that is now reshaping the very fields from which it was sourced, including literature, journalism, music, and photography. As a result, these models have sparked high-stakes litigation and raised novel legal questions about ownership and intellectual property, both in the AI training process and the output they produce. In this conversation, we explore the intersection of AI training and copyright law with...
Sep 30, 2024•1 hr 35 min
AI is changing how lawyers do their work and raising questions about how lawyers can harness artificial intelligence consistent with their professional responsibilities. Georgetown Law Professor Tanina Rostain answers questions about the transformative impact of AI on the legal profession and how the rules of professional conduct apply to the new ways that attorneys use AI to conduct research, draft documents, and interact with clients. (Credits: Technology 1.0 | MCLE available to TalksOnLaw "Pr...
Sep 23, 2024
Professor Joseph Blocher (Second Amendment scholar and co-director of the Duke Center for Firearms Law) explains two significant recent Supreme Court cases: United States v. Rahimi and Garland v. Cargill. This discussion provides an in-depth analysis of the legal reasoning behind these decisions and their broader implications for gun regulation and gun rights in the United States. (Credits: General 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to lea...
Jun 28, 2024•32 min
The sale and production of lab-grown meat have been criminalized in Florida and Alabama, with other states considering similar legislation. Food law expert Professor Michael Roberts from UCLA Law School explains what the new laws do as well as how they fit into the federal regulatory framework and the historical context of food law and politics in the United States. (Credits: General 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)...
Jun 28, 2024•1 hr 4 min
The power of prosecutors extends far beyond the courtroom, shaping the trajectory of countless lives through their decisions. Legal experts Bruce Green and Rebecca Roiphe delve into this immense authority in an insightful interview, exploring the nuances of prosecutorial discretion and its profound impact on the justice system. Their discussion sheds light on the ethical and constitutional standards that guide prosecutorial conduct, emphasizing the balance between power and responsibility. (Cred...
Jun 19, 2024
The law of self-defense permits the use of deadly force under a strict set of conditions: the threat must be both imminent and unlawful, and the response, both necessary and proportionate. But what of the murkier scenarios where multiple parties, ensnared in the throes of perceived danger, believe themselves justified in their fears? Consider the tragic case of George Zimmerman and Trayvon Martin—where does the law stand when fear is misplaced, and how swiftly can one lawfully escalate to lethal...
May 28, 2024
Forensic science, when applied rigorously, has the power to catch and convict criminals, but when mishandled, can lead to tragic miscarriages of justice. In this eye-opening interview with Prof. Brandon Garrett (Duke Law School) and Dr. Peter Stout (Houston Forensic Science Center), explore high-profile exoneration cases like those of Josiah Sutton and George Rodriguez and the systemic issues plaguing crime labs across the country. (Credits: General 1.0 | MCLE available to TalksOnLaw "Premium" o...
May 21, 2024
As the US accuses Russia of developing nuclear-armed satellites, what does international law say about weapons of mass destruction (WMD) in outer space? Space law expert, Professor Frans von der Dunk discusses the weaponization of outer space and the laws that govern weapons beyond the planet. The deployment of weapons of mass destruction in outer space presents not only a significant threat to global security but also a complex challenge to international law, explains Professor von der Dunk, a ...
Apr 29, 2024•1 hr 3 min
The legal profession is known for its high-stakes, high-stress lifestyle. The dangers of stress to mind and body are similarly well known. However, as one endocrinologist famously put it, “It is not stress that kills us, it is our reaction to it.” In a time of heightened stress, we explore one potentially powerful strategy that lawyers can use to more effectively combat stress and improve their professionalism–mindfulness. As attorney and mindfulness teacher Jon Krop explains, mindfulness is the...
Jan 11, 2024•1 hr 4 min
In the volatile conflict between Israel and Gaza, the line between legitimate military action and war crimes is often blurred. Professor Michael Newton , an expert in the laws of war, begins with a brief history of war crimes and how these international laws were codified. He then turns to the violence in Gaza and Israel, using real life examples from bombings to kidnapping to better understand what differentiates a legitimate act of war from a war crime. (Credits: 1.5 General MCLE)...
Jan 03, 2024•1 sec
Like all attorneys, Asian-American lawyers generally strive for legal excellence by honing their expertise and delivering quality client service. Yet, they can confront a myriad of stereotypes, biases, and misconceptions from colleagues and even clients. In this interview, Prof. Peter Huang of Colorado Law delves into the unique challenges and biases Asian-American lawyers face. Prof. Huang discusses how many view Asian-American lawyers through the lens of the "model minority" myth. This stereot...
Nov 03, 2023
When you die without a will, the default rules of inheritance law kick in, allocating assets based on established formulas and hierarchies. In this conversation, Prof. John Morley (Yale Law School) explains basic inheritance law and delves into the default rules that come into play when a person dies without a will (“intestate”) and how these rules both vary significantly from state to state and are often at odds with common expectations when it comes to an individual’s legacy. Through his recen...
Nov 01, 2023•52 min
Students for Fair Admissions v. Harvard College signals a radical shift in how the Supreme Court views favoring racial diversity and affirmative action in higher education. Chief Justice John Roberts, writing the majority opinion in SFFA v. Harvard , rejects the use of race as a factor in college admissions, asserting that this practice, previously accepted under prior cases such as Bakke and Fisher (see additional resources), is no longer permissible. Professor Theodore Shaw of UNC Law School e...
Aug 10, 2023
Law firm failures do not merely fall off into bankruptcy - they are spectacles of grand implosions. American law firms suffer from unique structural risks that can drive these formidable institutions to not just falter, but to rapidly collapse even when their balance sheets and profitability would suggest more durability in another industry. This phenomenon, far from random, stems from the fragile ownership structure unique to the legal industry. In an interview with Yale Law Professor John Morl...
Jun 16, 2023
Police commands are the cornerstone of law enforcement, at once projecting the authority of the state and instantly creating legal obligations for which the failure to comply can result in arrest, detention, or even the use of deadly force. But what are the limits of police commands? When are they lawful and what rights do we have to disobey them when they are unlawful? Professor Rachel Harmon , a leading scholar on police law explains how police commands are the building blocks of police author...
Jun 10, 2023
The term shadow docket refers to the decisions and orders of the Supreme Court outside of the traditional cases. Shadow docket cases generally lack the formal briefings, oral arguments, and reasoned, lengthy opinions of the merits cases. Over the last few years, the Court has increasingly used these decisions to address high-profile and politically-charged issues such as immigration, election disputes, pandemic restrictions, and abortion bans. In this interview, Prof. Steven Vladeck (University ...
Mar 14, 2023•1 hr 3 min
Diversity and inclusion are laudable goals, but how can change be created in an industry driven by tradition and financial return? This interview explores the concept of using economic incentives and data to encourage diversity within the legal profession. The conversation also explores controversial topics such as diversity spin, partner compensation, and the impact on the legal profession of changes to affirmative action law currently being considered at the Supreme Court. Aviva Will is the Co...
Jan 12, 2023•34 min
The role of women in the legal profession is more bigger than a statistic, or headcount. Journalist Dahlia Lithwick shares insights from her beat (American courts and the law) about the insurgent role women are on the cutting edge of developing law. In an interview that reflects upon her recent book, Lady Justice (Penguin Press, 2022), Dahlia explains how gender diversity is also about women sharing the stage at the very highest levels of the profession. The interview explores the role of women ...
Jan 04, 2023•1 hr 24 min
How are cryptocurrencies treated by the U.S. government? Former Chairman of the CFTC and a pioneer of crypto regulation, Christopher Giancarlo breaks down the crypto-regulatory landscape. Giancarlo explains why some crypto is treated as a commodity, others as a security, while others may not be regulated at all (yet). In a time of extreme volatility in the crypto markets, Giancarlo explores FTX, Bitcoin, stablecoins, DAO's, enforcement actions by the CFTC, the SEC under Chairman Gary Gensler, an...
Nov 29, 2022•1 hr 6 min
In the religious freedom case, Kennedy v. Bremerton School District (2022), the Supreme Court weighed in on the role of God in football in American public schools. Prof. Sarah Barringer Gorden (UPenn Law) explains the case, its impact on the First Amendment's Establishment Clause separating church and state, and the unusual history of religion and football at the Supreme Court. In Bremerton , the Court decided whether a public school football coach named Joseph Kennedy violated the Establishment...
Oct 18, 2022
With incredible powers to make life-changing decisions involving liberty and fortune, judges are expected to make decisions with a threshold level of neutrality. In this conversation, we explore the limits of that threshold. When does judicial bias legally or ethically preclude a judge from hearing a case? Alicia Bannon (director of the Judiciary Project at the Brennan Center for Justice) explains the laws and limits on judicial recusal and where gray areas remain. Bannon draws on contentious co...
Oct 01, 2022
On June 30th, 2022, the Supreme Court decided West Virginia v. Environmental Protection Agency (EPA), limiting the EPAs ability to regulate greenhouse gas emissions. Beyond its direct impact on climate policy, the case significantly impacts administrative power by supercharging a new legal regime - the “major questions doctrine.” Environmental law and administrative law expert, Professor Lisa Heinzerling (Georgetown Law Center) unpacks the Court’s decision in WV v. EPA and explains the broad pow...
Sep 01, 2022
