California MCLE Podcast

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 a...

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 Fishe...

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...

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...

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 disp...

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 cha...

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 shari...

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, B...

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 C...

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) explain...

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 Hein...

When algorithms take the wheel and human drivers move to the back seat, who's to blame when an accident occurs? The future of driverless cars is already here, with Waymo test offering its autonomous taxi services and more companies like GM, Nissan, and even Amazon entering the race to market. As driverless cars become the norm, the laws governing its development and use will have to adapt accordin...

On June 23rd, 2022 the Supreme Court decided the landmark gun rights case New York State Rifle and Pistol Association Inc. v. Bruen. The case, widely seen as a win for advocates of personal gun rights, fundamentally altered the test that courts use to evaluate constitutionality under the 2nd Amendment and expanded gun rights outside of the home. Prof. Joseph Blocher of Duke Law School explains how...

More than ever before, Americans are turning to assisted reproduction to start their families. In this interview, leading family law expert Professor Douglas NeJaime (Yale Law School) explains how U.S. laws are attempting to catch up to this shift. Traditionally parental rights are based on the marital presumption – the parents are, by default, the woman who birthed the child and her husband. This...

Bourbon is a uniquely American spirit and has played an outsized role in developing aspects of American law. Bourbon history is peppered with dramatic legal battles and legal (and illegal) innovations, whether it’s laying the foundation for trademark protections or establishing the concept of brand name in the 1800s. Brian Haara, attorney and author of Bourbon Justice: How Whiskey Law Shaped Ameri...

If a lawyer suspects, but does not know, that a client or potential client is seeking their services to engage in criminal activity, can they still offer legal counsel? When does a lawyer have a duty to investigate her own clients? In its Formal Opinion 491 issued in 2020, the American Bar Association addressed lawyers’ obligations to inquire further to determine whether a client may be attempting...

The Batson rule, prohibiting exclusions from jury based on race, is widely viewed as nearly impossible to enforce in practice. However, where Botson fails, do the Model Rules of Professional Conduct have anything to say?.  The United States has a long history of racial discrimination in juries. In 1875, Congress passed the Civil Rights Act which prohibited race-based discrimination in jury service...

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 2 of this 2-part series, Prof. Menkel-Meadow explores the tactics and behaviors permissible and impermissible, including bullying and threats, and the concep...

In negotiations, can lawyers lie to their advantage? Can lawyers ethically use bullying or threatening to benefit clients? Professor Carrie Menkel-Meadow of UC Irvine Law explores the boundaries of ethics requirements in negotiations. In part 1 of this 2-part series, she explores the rules on truthful statements, fraud, misrepresentation, and disclosure; facts versus opinions; and the tactics and...

 Despite increasing numbers of minorities and women in law schools and state bars, there continues to be a lack of diversity in the judiciary. As the first female South Asian judge in New York, Judge Rajeswari talks about her unique path to the judgeship and why diversity on the bench matters. Judge Raja Rajeswari is a judge on the New York City Criminal Court of the New York State Unified Court S...

As humans, we all hold implicit biases which create blind spots that subconsciously affect our understanding and decision-making. Such biases have continue to contribute to low diversity and inclusion rates in law. Paulette Brown, the first woman of color to serve as the president of the American Bar Association, offers concrete examples of biases at play in the legal profession, and what lawyers,...