Episodios

  • The Fishermen Who Took Down a Giant: The Epic Court Fight Over Who Makes the Rules

    The Fishermen Who Took Down a Giant: The Epic Court Fight Over Who Makes the Rules
    May 1 2025
    Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That's the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation. "No idea," said Reichle, president of New Jersey-based Lund's Fisheries. "Myself, and many, many fellow fishermen had no idea what the Chevron doctrine was." That changed after a group of fishermen challenged a federal regulation requiring the herring industry to pay for onboard federal observers. "I think there’s quite a few that know what the Chevron doctrine is today," Reichle said. This season on UnCommon Law, we’re exploring the limits of agency power. To what extent are federal agencies authorized to create and implement regulations that aren't explicitly mandated by Congress? And what happens when an agency goes too far? In this episode, the story of the fishermen who fought back. Featuring: Wayne Reichle, president of Lund's Fisheries Jeff Kaelin, director of sustainability and government relations at Lund's Fisheries Ryan Mulvey, counsel with the Cause of Action Institute Erica Fuller, senior counsel with the Conservation Law Foundation Leif Axelsson, captain of the Dyrsten fishing vessel Greg Stohr, Supreme Court reporter for Bloomberg News Hosted and produced by Matthew S. Schwartz. Edited by Josh Block.
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    25 m
  • Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything

    Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything
    Mar 5 2025
    Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress’s instructions are ambiguous or silent? That was the question facing the Supreme Court 40 years ago, when the Reagan administration's Environmental Protection Agency adopted a business-friendly interpretation of key provisions of the Clean Air Act. After the Natural Resources Defense Council sued, the Supreme Court set out a principle that would define the extent of agency power for decades – until last year, when Loper Bright upended the way courts evaluate agency actions. This season on Uncommon Law, we’ll explore the rise and fall of agency power, and what that could mean for the future of regulation in America. Plus: Will President Trump and his advisor Elon Musk be able to use the new legal landscape to eliminate the regulations they find too burdensome? Featuring: David Doniger, Senior Attorney with the Natural Resources Defense Council Jennifer Hijazi, environment reporter for Bloomberg Industry Group *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    29 m
  • NEW SERIES TRAILER: The Rise and Fall of Agency Power

    NEW SERIES TRAILER: The Rise and Fall of Agency Power
    Feb 24 2025
    This season on UnCommon Law, join us as we explore the rise and fall of agency power, and what that could mean for the future of regulation in America.
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    3 m
  • BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click

    BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click
    Nov 21 2024
    Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work? Uncommon Law's Matthew Schwartz sits in as guest host on this episode of On the Merits. He talks with John Quinn, founder and chair of Quinn Emanuel Urquhart & Sullivan, as they discuss his firm's stance on artificial intelligence and the future of the billable hour.
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    22 m
  • 6. From Errors to Efficiency: Can AI Transform the Practice of Law?

    6. From Errors to Efficiency: Can AI Transform the Practice of Law?
    Oct 31 2024
    In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the future of law? Guests: John Quinn, founder of Quinn Emanuel Urquhart & Sullivan, LLP Daniel Ho, professor of law and computer science at Stanford University David Hoffman, professor of law at the University of Pennsylvania Carey Law School Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    37 m
  • 5. AI Dilemma: Can US Legislators Take Action Before It's Too Late?

    5. AI Dilemma: Can US Legislators Take Action Before It's Too Late?
    Sep 18 2024
    Deepfakes. Disinformation. Algorithmic bias. Job displacement. These are just some of the harms legislators and regulators worry about when they think about how to tackle the risks posed by artificial intelligence. The first episodes of this season of UnCommon Law deal with generative AI in the copyright law context, since the technology uses massive amounts of copyright protected work. But while copyright law might be the beginning, there's so much more to the story of generative AI and the law. In this episode, we examine what the government might do to ensure that 21st century life doesn't turn into a dystopian future. Guests: Cary Coglianese, director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School Oma Seddiq, tech policy reporter for Bloomberg Government Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    30 m
  • 4. Artists Argue AI Art Illegally Steals Work and Threatens Careers

    4. Artists Argue AI Art Illegally Steals Work and Threatens Careers
    Jul 24 2024
    The US copyright system encourages human creativity. So does it make sense to grant a copyright to work created by AI with the click of a button? And, if AI generated artwork is given copyright protection, how would that impact the livelihoods of creative professionals? In our last episode, we looked at Jason Allen’s AI-generated artwork, "Théatre D’opéra Spatial," and the arguments why it should have some copyright protection. This time, we examine the other side – the most powerful arguments for why AI-generated work should never be eligible for copyright. Guests: Jason M. Allen, founder of Art Incarnate Sy Damle, partner in the copyright litigation group at Latham & Watkins Karla Ortiz, artist Kelly McKernan, artist Delanie West, advocacy liaison for the Graphic Artists Guild Genel Jumalon, artist *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    33 m
  • 3. You Can Create Award-Winning Art With AI. But Can You Copyright It?

    3. You Can Create Award-Winning Art With AI. But Can You Copyright It?
    Jun 5 2024
    The art world was rattled when Jason M. Allen won first place in the Colorado State Fair for "Théatre D’opéra Spatial" — digital artwork created with artificial intelligence. Allen had revised his text prompts hundreds of times before landing on the final work; Allen considers Space Opera Theater his creation. But some artists hated his victory. "They were saying I was falsely attributing authorship to something I did not create," Allen said. After winning, he submitted the image to the US Copyright Office for a state-issued seal of approval, an official document certifying that the artwork was indeed his creation. Would the Copyright Office agree? We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship? Guests: Jason M. Allen, founder of Art Incarnate Sy Damle, partner in the copyright litigation group at Latham & Watkins Shira Perlmutter, Register of Copyrights and director of the US Copyright Office *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte
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    37 m
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