ABA Journal: Modern Law Library Podcast Por Legal Talk Network arte de portada

ABA Journal: Modern Law Library

ABA Journal: Modern Law Library

De: Legal Talk Network
Escúchala gratis

Obtén 3 meses por US$0.99 al mes + $20 crédito Audible
Listen to the ABA Journal Podcast for analysis and discussion of the latest legal issues and trends the first Monday of each month. Also hear discussions with authors for The Modern Law Library books podcast series. Arte Ciencia Política Economía Exito Profesional Historia y Crítica Literaria Política y Gobierno
Episodios
  • ‘The Shadow Docket’ shines light on an increasingly uncommunicative Supreme Court | Rebroadcast

    ‘The Shadow Docket’ shines light on an increasingly uncommunicative Supreme Court | Rebroadcast
    Nov 19 2025
    If you’re dreading your family’s lack of communication this Thanksgiving, here’s a conversation about another group that’s saying less and less with real consequences. In this rebroadcast, University of Texas law professor Stephen Vladeck joins The Modern Law Library to discuss The Shadow Docket and how the Supreme Court’s growing use of secretive, unsigned emergency orders is reshaping transparency, civic discourse, and public trust in the rule of law. ----- In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency. A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death. But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings. By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law. In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal’s Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.
    Más Menos
    44 m
  • Yale Law’s Owen Fiss talks about threats to democracy and ‘Why We Vote’ | Rebroadcast

    Yale Law’s Owen Fiss talks about threats to democracy and ‘Why We Vote’ | Rebroadcast
    Nov 5 2025
    It’s election week in the U.S., and while many eyes are on the polls, we’re revisiting a conversation that reminds us why voting matters in the first place. In this rebroadcast, Yale Law professor Owen Fiss reflects on his work enforcing the Civil Rights and Voting Rights Acts, the courts’ role in protecting democracy, and why casting a ballot remains both a privilege and a duty. ----- After 50 years as a professor at Yale Law School, Owen Fiss says his students are still idealistic and passionate about the rights won in the Civil Rights Act of 1964 and Voting Rights Act of 1965. As a young lawyer in the late 1960s, Fiss worked with the Department of Justice to implement those laws. A classroom discussion in the spring of 2020 prompted him to draw upon his legal expertise and decades of experience to produce his new book, Why We Vote. In this episode of The Modern Law Library podcast, Fiss speaks with the ABA Journal’s Lee Rawles about the paradox of the court system–the least democratic branch of government–having the responsibility of safeguarding the right to vote. He looks back on his work with the DOJ in southern states, and his time as a clerk for Justice Thurgood Marshall (then on the 2nd U.S. Circuit Court of Appeals in New York) and Justice William Brennan. Rawles and Fiss also discuss recent threats to the electoral system and right to vote, including the insurrection on Jan. 6, 2021. Fiss shares his thoughts about Section 3 of the 14th Amendment, and whether former President Donald Trump should be removed from the ballot on that basis. While every book he writes is for his students, Fiss says, he hopes Why We Vote can impress upon a broader audience the privilege and duty of voting and participating in a democracy.
    Más Menos
    41 m
  • Users keepers: Pirates, zombies and adverse possession | Rebroadcast

    Users keepers: Pirates, zombies and adverse possession | Rebroadcast
    Oct 15 2025
    As Halloween swiftly approaches, we’ve conjured up a classic from the Modern Law Library crypt. What do zombies and pirates have to do with the law? Grab your candy and find out as host Lee Rawles is joined by Paul Golden, author of Litigating Adverse Possession Cases: Pirates v. Zombies. —---- “Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights. In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence. During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.
    Más Menos
    33 m
Todavía no hay opiniones