This week’s episode of our legal-affairs podcast Lawyer2Lawyer looks at secure email provider Lavabit’s appeal to the 4th U.S. Circuit Court of Appeals seeking to overturn a contempt-of-court finding resulting from the company’s resisting a government subpoena and search warrant. We discuss the case with Lavabit’s lawyer, Jesse R. Binnall. Listen to the show at [...]
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I was thrilled this week to interview two giants of the courtroom, F. Lee Bailey and his former law partner, Massachusetts Superior Court Judge Kenneth J. Fishman, about their new book, Excellence in Cross Examination, published by Thomson Reuters, in which the two share their insights and lessons on how to excel in cross-examination.
The book covers the essential skills a lawyer needs to be effective as a cross-examiner and then illustrates those lessons with annotated transcripts from actual trials, including Bailey’s cross of the coroner in the Sam Sheppard case and Roy Black’s examination of the key witness in the William Kennedy Smith trial.
In our Lawyer2Lawyer interview, Bailey and Fishman are frank and forthright about how lawyers can excel in the courtroom and why so many do not.
Read more about the interview and listen to it at the Legal Talk Network, or just click on the link below.
In the wake of Judge Shira Scheindlin’s ruling in Floyd v. City of New York striking down the NYPD’s stop-and-frisk policy, the latest edition of Lawyer2Lawyer looks at whether and how stop-and-frisk policies can pass constitutional muster. To help us examine this issue, we have two guests:
- Sunita Patel, a staff attorney at the Center for Constitutional Rights who litigates racial profiling, immigrant justice, and other human rights issues. She represents the named plaintiffs in the Floyd class action, four minority men who argued that the stop-and-frisk law was being upheld unconstitutionally and caused indirect racial profiling. The case was filed by the CCR.
- Heather Mac Donald, a John M. Olin fellow at the Manhattan Institute and a contributing editor at the City Journal. She covers a number of topics including immigration, policing and racial profiling, and the New York courts. She has been featured in numerous publications regarding why the stop-and-frisk ruling will increase New York crime.
Tune in to hear Patel and Mac Donald’s opinions on the stop-and-frisk policy and how it affects crime rates, what the ruling means for the NYPD and similar policies nationwide, and if they think stop and frisk can be carried out constitutionally.
You can stream or download the program via The Legal Talk Network.
On this edition of Lawyer2Lawyer, we speak with ABA President James Silkenat, on his first day in office, about his goals and initiatives for the ABA agenda.
James Silkenat has been working in international law for more than 40 years. He joined the ABA’s first delegation to China in the mid-1970s and since then has chaired the International Law Section. He is a member of the Council on Foreign Relations and of the American Law Institute, and has served as a Fellow in the U.S. State Department Scholar/Diplomat Program. As well as numerous other positions in and outside of the ABA, he will now serve as the president of the nation’s largest legal organization.
In our interview, Silkenat discusses his major platform goals for his presidency, including tackling the legal education financing system and student debt, a legal job corps, the ABA’s stance on gun violence, and more.
Listen to or download the show at the Legal Talk Network.
Sometime in the next couple of months, in a yet-to-be disclosed courthouse somewhere in the United States, the Nonhuman Rights Project is planning to file a writ of habeas corpus on behalf of a chimpanzee. In what will be the first of a series of similar legal actions, the project will be asking the court to rule that the chimp has the legal right to bodily liberty and to order her released from her cage and moved to a cage-less sanctuary.
In this episode of the legal-affairs podcast Lawyer2Lawyer, we talk with pioneering animal rights lawyer Steven M. Wise, president of the Nonhuman Rights Project, author of four books about animal rights, and lecturer at several law schools. Wise talks about the forthcoming habeas case, about why he believes the law should treat sentient animals as persons rather than things, and about his project’s long-term plans for battling for animal rights.
With the Supreme Court’s end-of-term Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: Is nationwide marriage equality on the way? This week on our legal-affairs podcast Lawyer2Lawyer, we look at the legal history of the gay rights movement and look ahead at the future of gay rights in America. Joining us are two constitutional law scholars:
- Harvard Law Professor Mark Tushnet, who specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. A former law clerk to Justice Thurgood Marshall, Tushnet’s current focus is constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade.
- William Eskridge, a Yale law professor who focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state.
Thanks as always to the show’s sponsor, Clio.
Personal Audio and its founder Jim Logan created and patented a technology which, they say, covers podcasting. The Electronic Frontier Foundation calls Personal Audio a patent troll and has launched a campaign to invalidate the patent. We hear from both sides on the latest episode of our podcast, Lawyer2Lawyer.
“This is the story of the American inventor,” Richard Baker, Personal Audio’s vice president of licensing, tells us. Personal Audio has filed lawsuits against several podcasters and media companies, claiming patent infringement by popular programs such as NBC’s The Adam Carolla Show and by CBS for its podcast distribution of multiple shows including The Voice and Meet the Press.
On the other side, the EFF is spearheading a campaign dubbed “Save Podcasting!” to rescind Personal Audio’s patent. EFF’s goal is to revoke Personal Audio’s right to compensation from any podcast program. Daniel Nazer, a staff attorney working on the campaign, represents EFF on the program.
On this edition of Lawyer2Lawyer, my cohost J. Craig Williams and I talk with Richard Baker and Brad Liddle, Personal Audio’s president of licensing, and Daniel Nazer, EFF staff attorney, to hear their thoughts on what defines a patent troll, the specifics behind the cases, and more.
This week on our legal-affairs podcast Lawyer2Lawyer, we look at the debate over the growing use of private prisons. Joining us to discuss the issue are Susan Herman, president of the American Civil Liberties Union (ACLU), and Adrian Moore, vice president of the Reason Foundation, a non-profit in support of libertarian principles and privatization.
- Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of criminal law and procedure and constitutional law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades.
- Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level.
Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights. You can stream or download the show from the Legal Talk Network.
Back in November, I announced here the final episode of our legal-affairs podcast Lawyer2Lawyer. After seven years of weekly shows, my cohost J. Craig Williams and I were calling it quits, due to the closing down of the company that had hosted our show, the Legal Talk Network.
Well, turns out it wasn’t over after all. At the 11th hour, new owners came in and saved the Legal Talk Network. After meeting and talking with the new owners, Denver-based LAWgical, we decided to continue the show under their mantle. They have many good ideas for not just continuing the Legal Talk Network, but expanding and enhancing it.
So, our first show since November is now up. Our topic is the prosecution and potential sentencing of accused Boston Marathon bomber Dzhokhar Tsarnaev. To help us explore the topic, we have two well-qualified guests: Jack Cunha, a highly regarded criminal defense attorney in Boston, and Douglas Berman, professor of law at The Ohio State University’s Moritz College of Law and author of the popular blog, Sentencing Law and Policy.
Listen to the show or download the MP3 from the Legal Talk Network.
After more than seven years of weekly shows, this week’s Lawyer2Lawyer is our last. The Legal Talk Network, which has been our home since we started the show in August 2005, is closing down. The full archive of our shows will remain available for download through the end of the year. We may move them elsewhere after that, but we have no firm plans.
We started Lawyer2Lawyer with the idea of providing quality content and discussion of timely legal news and information for the legal profession. We became the longest continuously running legal podcast and grew to have some 80,000 regular listeners a month from all corners of the globe. Craig Williams and I are proud of the show and, who knows, may yet revive it elsewhere.
I cannot heap enough praise on the great people at the Legal Talk Network. Special thanks to Lu Ann Reeb and Scott Hess, the LTN’s founders, and to our longtime producer, Kate Kenney, and engineer, Mike Hochman. Also a special thanks to our various sponsors, expecially our longest-running and most consistent sponsor, Clio.
Thanks, most of all, to our listeners. I’ve already heard from a number of you and your kind words are deeply appreciated. Your support and encouragement made the show the modest success it was.