Legal Judg(e)ments

In this episode of Legal Judg(e)ments, host Bob Stetson and attorney Dan Dain , director and shareholder at Dain Torpy and author of A History of Boston , rewind the clock to examine Roberts v. City of Boston , a historic 1847 legal battle that laid the groundwork for civil rights law in the United States. Drawing on themes from his book, Dan explores how Boston’s legal and social development shap...

America’s first utility-scale offshore wind farm didn’t just test new waters—it ignited a major legal discussion over how the United States manages its ocean resources. In this episode, host Bob Stetson speaks with Roger and Nancie Marzulla of Marzulla Law to evaluate Seafreeze Shoreside, Inc. v. U.S. Department of the Interior . The Marzullas walk through how the case was built, why standing beca...

Cities across the United States are grappling with how to manage public spaces amid the rising homelessness population. In this episode of Legal Judg(e)ments, host Bob Stetson is joined by Ed Johnson of the Oregon Law Center, who represented the respondents in the case of City of Grants Pass v. Johnson , to discuss the case, which was decided by the Supreme Court. This legal battle challenged a se...

Oklahoma made history by approving the nation’s first openly religious public charter school, sparking a constitutional clash that ended in a Supreme Court deadlock and left the broader questions about the constitutional validity of religious charter schools up in the air. The central issue: are charter schools truly public schools that need to remain secular under the Establishment Clause, or are...

Does the constitutional right to a clean and healthful environment include a stable climate system? In this episode of Legal Judg(e)ments , "Climate Change on Trial", host Bob Stetson is joined by Roger Sullivan of McGarvey Law as they analyze the landmark case of Held v. Montana , where Roger represented the plaintiffs. This legal battle involved a group of young Montanans challenging the state’s...

Legal Judg(e)ments returns with a new season examining how the law influences policy, politics, and everyday life. Hosted by Bob Stetson, a Boston-based trial lawyer with nearly 20 years of experience, this legal podcast features in-depth conversations with litigators about cases and strategies that shape the law. Season Five tackles timely issues including immigration enforcement, climate change...

In this special episode of Legal Judg(e)ments , host Bob Stetson finds himself in the hot seat as guest host, and seasoned real estate attorney Eric Allon takes over the interviewer’s mic. Together, they dissect a real estate dispute with far-reaching implications:  McCarthy v. Young . The case asks a pivotal question—when is an offer to purchase a binding contract? Drawing on precedent from&...

The Massachusetts housing crisis has spotlighted local zoning laws. With housing costs soaring, the state legislature enacted the MBTA Communities Act, requiring towns to allow higher-density housing by right. But when the Attorney General tried to enforce the law, the town of Milton pushed back, leading to a major showdown in the Massachusetts Supreme Judicial Court. In this episode of Legal Judg...

Host Bob Stetson and guest trial lawyer Stephanie Taverna-Siden explore the landmark Massachusetts case  Johnson v. Settino , which reshaped the legal landscape of engagement ring disputes. For decades, courts have treated engagement rings as conditional gifts, requiring marriage to finalize ownership. The Massachusetts Supreme Judicial Court recently struck down the fault-based sta...

In this episode of Legal Judg(e)ments , host Bob Stetson sits down with Andrew Dennington, a seasoned trial lawyer and partner at Conn Kavanaugh, to explore the landmark Massachusetts case  Business Interiors vs. Graycor Construction . The case centers on the Prompt Pay Act, a law designed to ensure timely payments for contractors and subcontractors in large construction projects.

Tenure is under scrutiny in one of the most significant cases in higher education. In this episode of Legal Judg(e)ments , host Bob Stetson discusses the landmark case Wortis v. Trustees of Tufts University with guest Kevin Petrs, Senior Partner at Fox Rothschild, and the attorney representing a group of Tufts professors challenging the university's compensation and lab policies. Bob and Kevin dis...

In this episode of  Legal Judg(e)ments , host Bob Stetson is joined by attorney Christian Kiely to talk about a groundbreaking defamation case that explores the murky intersection of true crime storytelling and legal accountability. When Netflix’s documentary on the college admissions scandal painted an allegedly misleading portrait of John and Johnny Wilson, the family fought...

In this episode of  Legal Judg(e)ments , host Bob Stetson sits down with attorney Pat Tinsley to discuss the complexities of federalism and local governance through the lens of a landmark tobacco regulation case in Massachusetts. Pat, who represented the retailers challenging Brookline, MA’s unique tobacco law, shares insights into the statutory interpretation and the ongoing debate over loca...

In this episode of  Legal Judg(e)ments , host Bob Stetson talks to Jeremy Cohen, a pioneer in pet litigation, about the unique pet case of *Lyman v. Lancer. When Brett Lyman and Sasha Lancer’s relationship ended, a custody battle erupted—not over children, but their beloved Pomeranian, Teddy Bear. This episode explores how courts treat pets as property and family members, the implications of...

 What is the law? How does it work? What role do lawyers, litigants, and judges play in the law's development? In sum, what moves the law in American society? I'm Bob Stetson, a Boston-based trial lawyer and the host of the podcast Legal Judg(e)ments. After 17 years in private legal practice, I still don't have a perfect answer to these important societal questions. Is it politics? Judicial philos...

In the famous American comic strip, The Wizard of Id , the Golden Rule means “Whoever has the gold makes the rules!” And so it’s been in the construction industry time immemorial. In this episode, Bob and Brad Croft discuss Tocci Building Corp. v. IRIV Partners and how the Golden Rule shaped recent statutory enactments in the construction industry and judicial interpretations of them.

Guest Paul Edelstein joins Bob Stetson to explore the critical issue of self-help evictions and the fight for housing justice. This episode centers on the Solis family from Brooklyn, New York, who faced a harrowing eviction attempt by their landlord, employing tactics like utility shutoffs, demolition work, and false legal notices. Their subsequent ten-year legal journey highlights the stark reali...

Listen to Bob Stetson and returning guest Ben Robbins from the New England Legal Foundation explore the separation of powers in the context of federal administrative agencies, the historical expansion of the administrative state, the Supreme Court's 1984 Chevron decision, and its implications for the separation of powers through the lens of a new rule by the National Marine Fisheries Council.

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, John Elwood, discuss Counterman vs. Colorado, the Supreme Court’s recent decision balancing free speech rights against protection from abuse. Listen as they explore the dynamics of the First Amendment in the age of social media, examining whether online comments can constitute an actual threat or fall under constitutionally protecte...

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, Richard Gottlieb, dissect  Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians , a significant legal battle at the intersection of tribal sovereign immunity and bankruptcy law. They explore the historical concept of sovereign immunity and its application to Native American tribes, focusing on the Clear Statement...

In this thought-provoking episode, Bob Stetson and Joshua Thompson, Director of Equality and Opportunity Litigation at the Pacific Legal Foundation, discuss the landmark case of  Cedar Point Nursery vs. Hassid  and explore the intricate balance between private property rights and public interests. What constitutes a 'taking' and how far government regulations can go in the name of the pu...

Bob talks with the Institute for Justice ’s Mike Greenberg about a Michigan town’s use of drones to enforce a land use regulation in Long Lake Township v. Maxon.

In the first episode of season 3, O’Melveny & Myers LLP’s John Kappos explains to Bob how his representation of two Massachusetts doctors led to a decision on whether medical-aid-in-dying qualifies as a fundamental constitutional right in  Kligler v. Attorney General.

Season 3 of Legal Judg(e)ments officially launches on Monday, October 16.

In Season 2’s final episode, Bob and Joe Simons discuss Hines v. Cummings Properties ; a closely watched commercial real estate case in which an appellate court invalidated a commonly used lease acceleration clause as an unenforceable penalty.