Reasonably Speaking

Don’t miss this episode, as we welcome Katherine Adams, Senior Vice President and General Counsel of Apple; Ivan Fong, Senior Vice President, General Counsel & Secretary of 3M; Ken Frazier, Chairman and CEO of Merck; and Malini Moorthy, Vice President and Chief Deputy General Counsel of Medtronic, as they discuss how their companies are responding to the COVID crisis. Moderated by ALI Presiden...

This episode explores one aspect of our ongoing project, Restatement of the Law Third, Torts: Concluding Provisions. Specifically, we'll be discussing medical malpractice. Torts was one of the first Restatements completed by The American Law Institute. Now in the Third series, nearly 90 years later, medical malpractice has never been included in any Restatement series until now. Led by Restatement...

In this third installment of the “Coping with COVID” series, ALI President David F. Levi is joined by six law school deans to discuss how their schools are adjusting to remote learning, including adapting experimental classes, clinics, and other hands-on courses to the online format. The deans also discuss how law schools are responding to the crisis by adjusting their admissions processes and re-...

"Coping with COVID: Legal Services Organizations on the Frontlines" welcomes several accomplished lawyers who lead legal services organizations and who are working hard to assist people with critical legal needs. Our country has long struggled to meet the needs of people who cannot afford legal services and the COVID crisis has only exacerbated these needs. These leaders discuss how they...

This is the first installment of a series of episodes on "Coping with COVID." Produced jointly by the Bolch Judicial Institute of Duke Law School and The American Law Institute, this series examines the impact of the COVID-19 pandemic on the legal system. Moderated by David F. Levi, ALI President and Director of the Bolch Judicial Institute, this episode features top state and federal ju...

In this episode, we spend time with Paul D. Clement, who served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years. He has argued nearly 100 cases before the United States Supreme Court. The American Law...

Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways. In this episode, two experts on the topic, Criminal Law Professor Aya Gruber and AEquitas Co-Founder and CEO Jennifer Long, discuss and debat...

Colleges and universities face special challenges in designing and implementing procedures to respond to campus sexual and gender-based misconduct, while maintaining an academic community with equal educational opportunities for all students. In this episode Suzanne Goldberg, Professor of Law at Columbia Law School and Executive Vice President for University Life at Columbia University, and Gil Sp...

Board members, business owners, employees, and even customers should all be interested in a company’s compliance policies and adherence to them. Why? Because there is much at stake. Join us for this episode when we ask two compliance experts about the greatest challenges in creating a strong compliance program and establishing a corporate culture that supports it. We welcome Ivan Fong, Senior Vice...

On this episode, Judge Paul Friedman of the United States District Court for the District of Columbia sits down with Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia Circuit to talk about his book Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture. As his book title indicates, attempts and failu...

Consumer contracts are everywhere. The number of contracts you enter into today may surprise you. Most of the contracts you enter into no longer involve a pen and paper. Purchasing a morning coffee, visiting a website, or scheduling a delivery are just a few daily transactions that more often than not include contract terms. In this episode, consumer contract experts Omri Ben-Shahar and Florencia...

In part two of this two-part episode, Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund, Inc., Barry Friedman, New York University Law professor and director of NYU’s Policing Project, and John Malcolm of the Heritage Foundation continue the discussion about the intersection of race and policing in the United States. The application of new technologies and the danger of doing so with...

In part one of this two-part episode, Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund, Inc., Barry Friedman, New York University Law professor and director of NYU’s Policing Project, and John Malcolm of the Heritage Foundation begin their exploration of the intersection of race and policing in the United States. They discuss history of race relations in the U.S., and the resulting...

From start to finish, criminal and tort cases differ in many ways, including how a case is initiated, in which court it is heard and decided, standards of proof, and the consequence if the defendant is found liable (punishment if defendant is convicted of a crime; payment of money damages if defendant is liable for a tort). Some cases [or fact patterns] qualify as both crimes and torts. These diff...

In this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens. We then explore jurisdiction across border lines, particularly in a...

Listen as the experienced child advocate and juvenile law scholar talk about the current issues and explore state policies and practices that have been implemented to help protect children. History of the treatment of children in the justice system [04:26] Modern trends in how we view children [17:20] Racial disparities [21:18] Recent progress

How does one prepare, and what is it like to argue before the U.S. Supreme Court? In this episode, Douglas Laycock, an experienced Supreme Court advocate himself, moderates an insightful conversation between two prominent Supreme Court appellate lawyers. Former Solicitor General Seth Waxman of WilmerHale and former Assistant to the Solicitor General Nicole Saharsky of Mayer Brown share their perso...

The death penalty in the United States, both new convictions and executions, has declined through recent decades. In this episode, we explore the history of the death penalty and the various factors that are contributing to this decline. Death penalty expert and author of End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, Brandon Garrett, talks about this history and the r...

When U.S. citizens hear “constitutional law,” we tend to think only of the U.S. Constitution, U.S. Supreme Court, and the federal court system, effectively ignoring the power of state constitutional law. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together w...