In our last episode of the legal-affairs podcast Lawyer2Lawyer, we spoke to two activists urging federal and state laws to make revenge porn a crime. This week, we follow-up with two guests who believe such laws would be a serious mistake, because of both their chilling effect on free speech and their needless criminalization of [...]
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Cyber currency Bitcoin has seen an exponential rise in value and popularity since its inception in 2010. Consider this: If you had bought $1,000 worth of Bitcoins in 2010, it would be worth $2.4 million dollars today. But as Bitcoin gains wider mainstream use, it is surrounded by a host of legal questions. In this episode of the legal-affairs podcast Lawyer2Lawyer, my cohost J. Craig Williams and I look at what lawyers and others need to know about the legitimacy and legalities of this new currency. Helping us do that are two guests:
Lowell D. Ness is a partner in the Palo Alto office of the nationwide law firm Perkins Coie. He has extensive experience in virtual currency and is a regular contributor to the firm’s Virtual Currency Report Blog, covering the law and regulation of Bitcoin and other digital currencies. Lowell’s practice focuses on high-growth emerging companies and involves venture capital financings, mergers and acquisitions, public offerings, and private placements.
Kashmir Hill, senior online editor of Forbes, describes herself as a privacy pragmatist with an interest in the intersection of law, technology, social media and personal information. Former editor of Above the Law, she has reported extensively on Bitcoin story from the start — even living on it for a week in San Francisco — and will be releasing an e-book documenting Bitcoin’s rise later this year.
Listen to the show at the Legal Talk Network or simply use the Soundcloud player below.
News of Amazon’s plans to use delivery drones surprised many, but the fact is that a number of companies are developing drones for commercial uses. However, before any of these commercial drones can take flight, they need to clear a series of legal hurdles, from winning FAA approval to sorting out liability and privacy issues.
This week on the legal-affairs podcast Lawyer2Lawyer, I am joined by industry lawyer Ben Gielow and Above the Law editor Elie Mystal to discuss the legal issues facing commercial drones and how they are likely to play out.
- Ben Gielow is the government relations manager and general counsel for the advocacy sector of the Association of Unmanned Vehicle Systems International. He has been featured in interviews covering the concept of commercial drones since the beginning regarding what legislation and other requirements are necessary for us to see commercial drones in our airways.
- Elie Mystal is the editor of Above the Law. A graduate of Harvard Law School, he left his life as a litigator to pursue a career as an online provocateur. He has written editorials for The New York Daily News, The New York Times, and appeared on MSNBC and Fox News.
Listen to the show at the Legal Talk Network.
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 the Legal Talk Network: The Lavabit Legal Battle: Should the Government Have Access to Secure Email?, or simply click on the play button below.
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.
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.