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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
  • Justice for All? Why We Have an Access to Justice Gap in America—And What to Do About It

    Justice for All? Why We Have an Access to Justice Gap in America—And What to Do About It
    Jun 6 2024
    Is legal representation in the U.S. only for the rich and corporations? That's a question that we'll explore in this episode of Stanford Legal with guests David and Nora Freeman Engstrom, two leading authorities on access to justice and the legal profession. They'll explain the roots of the challenge, how unauthorized practice of law rules contribute to the problem, and how to address them. The Engstroms co-direct Stanford Law School's Deborah L. Rhode Center on the Legal Profession, an academic center working to shape the future of legal services and access to the legal system. This episode delves into some alarming statistics, including the fact that in three-quarters of civil cases in state courts, at least one party is without a lawyer. This alone often leads to unjust outcomes in cases involving debt collection, evictions, family law, and other areas. And that is just part of the problem, as the Engstroms explain. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Law Magazine >>> Twitter/XLinks:Nora Freeman Engstrom >>> Stanford Law School PageDavid Freeman Engstrom >>> Stanford Law School PageChapter 1: The Access to Justice Crisis in the U.S.(00:00:00) Pam Karlan introduces the episode, discussing the work of David and Nora Freeman Engstrom at Stanford Law School's Deborah Rhode Center on the Legal Profession. This section provides an overview of the access to justice crisis, highlighting the high percentage of cases where individuals lack legal representation and a look at the types of cases predominantly at issue, including debt collection, evictions, mortgage foreclosures, and family law cases.Chapter 2: Understanding the Consequences and Causes of Legal Inaccessibility(00:7:06) David and Nora Freeman Engstrom explore the broader implications of the lack of legal representation, including the cascade of related legal and financial issues that arise from initial problems like wage garnishment and eviction. They also touch on the hidden legal issues that never make it to court due to individuals' inability to seek legal help.Chapter 3: Exploring Solutions and Technological Impacts on Access to Justice(00:10:07) David and Nora Freeman Engstrom delve into potential solutions to the access to justice crisis, including the role of technology in both exacerbating and potentially alleviating the problem. They discuss the efficiency of technological tools used by the debt collection industry and the implications for legal access.Chapter 4: The Technology Asymmetry in Debt Collection(00:14:19 ) Pam Karlan and David Freeman Engstrom discuss how debt collectors use automation to exploit legal processes against unrepresented individuals. They highlight the stark disparity between technological access for debt collectors and individual defendants. Engstrom points out the restrictive rules that limit software-driven legal services, exacerbating the access to justice crisis.Chapter 5: The Historical Context and Current Restrictions on Legal Services(00:15:55) Nora Freeman Engstrom delves into the history of legal service restrictions in the U.S., contrasting it with medical professions. She introduces her research on auto clubs and their provision of legal services in the early 20th century, showing how organized bar associations shut down these alternatives to preserve their monopoly.Chapter 6: Modern Innovations and Future Prospects in Legal Services(00:24:13) The host and guests discuss recent efforts to relax unauthorized practice of law rules in states like Utah and Arizona. They explore innovative legal service models emerging from these reforms, including tiered services and AI-driven solutions, and their potential to democratize access to legal assistance. The discussion highlights how entities like LegalZoom are now able to hire lawyers and provide more comprehensive services. They also touch on the potential of generative AI to bridge the gap between legal jargon and plain language, making legal assistance more accessible to the public. The chapter concludes with reflections on the promise and challenges of these technological advancements.
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    35 mins
  • The Legacy of Brown v. BOE: Success or Failure?

    The Legacy of Brown v. BOE: Success or Failure?
    May 23 2024

    In this episode, Rich and Pam discuss the successes and failures of Brown v. Board of Education with their colleague, Rick Banks. Marking the 70th anniversary of the landmark Supreme Court decision, they look at its impact on Jim Crow segregation and the ongoing challenges in achieving educational equality in the U.S. Banks offers a critical analysis of the effectiveness of Brown in integrating American primary and secondary education and explores alternative approaches to further racial and socioeconomic integration in schools.

    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:

    • Ralph Richard Banks >>> Stanford Law School Page
    • Stanford Lawyer online feature >>> Brown v. Board: Success or Failure?

    (00:00:00) Chapter 1: Introduction and Significance of Brown vs. Board of Education
    Introduction to the podcast and the topic of Brown vs. Board of Education. Discussion on the transformative impact of Brown on American society and its less effective impact on primary and secondary education.

    (00:02:36) Chapter 2: Initial Impact and Challenges of Brown
    Exploration of the immediate aftermath of the Brown decision, including the decade of minimal desegregation and the eventual legislative push in the 1960s. Mention of personal anecdotes highlighting the slow progress.

    (00:06:35) Chapter 3: Massive Resistance and Supreme Court’s Role
    Discussion on the era of massive resistance to desegregation, the role of the Southern Manifesto, and the Supreme Court's strategic avoidance of direct intervention. Examination of the lingering effects of this period on the present educational landscape.

    (00:10:16) Chapter 4: Socioeconomic Disparities and School Segregation
    Analysis of the ongoing economic inequality and its impact on school segregation. Comparison between Northern and Southern school desegregation efforts, with specific examples from Detroit and Charlotte.

    (00:14:45) Chapter 5: Legal and Structural Barriers to Integration
    Examination of legal decisions such as Milliken and San Antonio vs. Rodriguez that reinforced segregation and funding disparities. Discussion on the narrow scope of Brown and its consequences.

    (00:18:58) Chapter 6: Integration vs. Educational Quality
    Debate on the merits of integration versus focusing on educational quality through alternative methods such as charter schools and vouchers. Consideration of the mixed outcomes of these approaches.

    (00:22:19) Chapter 7: Parental Responsibility and Systemic Solutions
    Reflection on the burden placed on parents to seek better education through choice programs. Comparison to historical figures who fought for desegregation. Discussion on the need for systemic solutions rather than relying solely on choice.

    (00:25:02) Chapter 8: Future Directions and Pragmatic Solutions
    Call for a mix of approaches to improve education, combining integration efforts with initiatives focused on educational quality. Emphasis on the importance of experimentation, evidence collection, and open-minded evaluation of educational policies.
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    31 mins
  • 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
Political Science Social Sciences
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