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Stanford Legal

By: Stanford Law School
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  • Summary

  • 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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Episodes
  • Stanford's David Sklansky on Trump's Many Trials

    Stanford's David Sklansky on Trump's Many Trials
    May 9 2024

    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 Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • David Sklansky >>> Stanford Law School Page

    [00:00:00] Chapter 1: Progress and Impact of the New York Trial

    • Discussion 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 Order

    • Trump'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 Complexity

    • Discussion 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.
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    28 mins
  • AI in Government and Governing AI: A Discussion with Stanford’s RegLab

    AI in Government and Governing AI: A Discussion with Stanford’s RegLab
    Apr 25 2024

    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 Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Dan Ho >>> Stanford Law School web page

    [00:00:00] Chapter 1: Setting the Stage

    • Mention 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 IRS

    • Explanation 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 Perspective

    • Christie 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 Justice

    • Pam 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 Directions

    • Optimism 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
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    32 mins
  • Representing Clients at the Supreme Court

    Representing Clients at the Supreme Court
    Apr 11 2024

    Professor Easha Anand, co-director of the Stanford Law School Supreme Court Litigation Clinic, joins Professors Pam Karlan and Richard Thompson Ford, along with Gareth Fowler, JD '24, for a discussion about three cases that she argued before the Court this term, the people behind the case titles, and what it takes to represent them at the highest court in the land.

    Connect:

    • Episode Transcripts >>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Easha Anand >>> Stanford Law School Page

    (00:00:00) Chapter 1: Introduction and Setting the Stage

    • Easha Anand shares the story of Mr. Ciavarini and the impact of the Stanford Supreme Court Clinic on restoring his reputation. Hosts Rich Ford and Pam Karlan introduce the episode and guests Professor Easha Anand and Gareth Fowler, discussing their work with the Stanford Supreme Court Litigation Clinic.

    (00:01:52) Chapter 2: Joining the Clinic and the Clinic's Unique Approach

    • Gareth Fowler describes his experience joining the Stanford Supreme Court Litigation Clinic and the process of working on cases as a student. Easha Anand explains the distinctive features of the clinic's model, emphasizing the significant role of students in producing legal work.

    (00:05:38) Chapter 3: Working on Cases and the Sarbanes-Oxley Case

    • Gareth Fowler discusses the specific cases he worked on during his time at the clinic, including Mendez-Colleen and United States v. Jackson. Easha Anand recounts her experience arguing the case of Murray v. UBS before the Supreme Court and the significance of the outcome for whistleblower protection.

    (00:15:52) Chapter 4: Insights from Oral Arguments

    • Easha Anand reflects on the differences between arguing cases at lower courts versus the Supreme Court, emphasizing the unique challenges and opportunities of Supreme Court advocacy.

    (00:18:16) Chapter 5: Clinic's Trip to D.C.

    • Gareth Fowler shares his experience attending Supreme Court oral arguments in Washington, D.C., providing insights into the courtroom dynamics and the significance of the proceedings.

    (00:20:27) Chapter 6: Preparing for Future Cases and Impactful Moments

    • Easha Anand discusses the upcoming case of Chiavarini and the journey of preparing for oral arguments, highlighting the client's story and the clinic's commitment to justice. Pam Karlan and Easha Anand reflect on the profound impact of their work with clients and the meaningful experiences shared during their collaboration with the Stanford Supreme Court Clinic.

    [00:24:23] Chapter 7: Audience Question and Answer
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    37 mins
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