In the wake of yet another mass shooting — this time the Feb. 14 shooting at Marjory Stoneman Douglas High School in Parkland, Fla., where 17 were killed and many others injured — we again look at gun laws and what can be done to curb such tragedies in the future. Our guests for this latest episode of Lawyer 2 Lawyer are:

  • Stephen P. Halbrook, an attorney who specializes in Second Amendment and firearms cases, senior fellow at the Independent Institute, and author of a number of books, including the forthcoming, Gun Control in Nazi-Occupied France.
  • John J. Donohue III, professor at Stanford Law School and one of the leading empirical researchers in law, including in the area of guns and gun violence.

Stream the episode above or listen at the Legal Talk Network.

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The release of a four-page memo created by Republican staffers and House Intelligence Chairman Devin Nunes alleging abuse of surveillance authority by the Justice Department and FBI has unleashed a firestorm of controversy. The Nunes memo alleges that the FBI may have relied on “politically motivated or questionable sources” to obtain a Foreign Intelligence Surveillance Act (FISA) warrant in the early phases of the FBI’s investigation into Russian interference in the 2016 presidential election.

What are we to make of the Nunes memo? What are the legalities surrounding its release and allegations. And what do we know about the secretive FISA law and the FISA court that issued the warrant?

These are the questions we examine this week on the legal-affairs podcast Lawyer 2 Lawyer. To help us do so, we’re joined by two experts:

  • Robert E. Anderson Jr., managing director of Navigant and a former national security executive with the FBI, where he was directly involved in investigating and prosecuting some of the most famous spies in U.S. history.
  • John Malcolm, vice president of the Institute for Constitutional Government and director of the Meese Center for Legal & Judicial Studies at the Heritage Foundation and a former deputy assistant attorney general in the Department of Justice’s Criminal Division.

Listen to the show using the player above or at the Legal Talk Network.

Never miss an episode of Lawyer 2 Lawyer by subscribing via the iTunes library or our RSS feed. And if you like our show, please give us a rating on iTunes.

When we recorded our Lawyer2Lawyer episode on the presidential pardon power, we had no idea President Trump would pardon Joe Arpaio, the controversial former Arizona sheriff. Our focus was Trump’s possible use of the pardon power in connection with Special Counsel Robert Mueller’s investigation into possible collusion with Russia. But with this latest news, the episode becomes all the more timely.

We look in depth at the president’s pardon power, including whether Trump could pardon himself, with two experts on the topic:

  • Brian C. Kalt, professor of law and the Harold Norris faculty scholar at Michigan State University College of Law. Kalt is author of Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies (Yale University Press, 2012), and of the 1996 Yale Law Review note, “Pardon Me?: The Constitutional Case Against Presidential Self-Pardons,” 106 Yale Law Journal 779.
  • Robert L. Deitz, professor of public policy at the Schar School of Policy and Government at George Mason University. Deitz was formerly senior councillor to the director of the Central Intelligence Agency and general counsel at the National Security Agency.

Listen to the show above or at the Legal Talk Network. Never miss an episode of Lawyer 2 Lawyer by subscribing via the iTunes library or our RSS feed.

And if you like our show, please give us a rating on iTunes.

On April 18, in the largest simultaneous dismissal of cases in U.S. history, the Massachusetts Supreme Judicial Court dismissed more than 21,000 low-level drug cases connected to the drug lab scandal that involved Annie Dookhan, a former chemist of a Massachusetts crime lab who admitted to falsifying evidence. After an investigation into Annie Dookhan and her work at the Hinton State Laboratory Institute, Dookhan admitted to altering and faking test results over a period of eight years.

On the latest episode of Lawyer 2 Lawyer, we look at the drug lab scandal in Massachusetts; its impact on drug cases, attorneys and defendants; and the implications for drug labs elsewhere in the United States. To help us do this, we have two guests:

  • Carl Williams, a staff attorney for the ACLU of Massachusetts and former criminal defense attorney. Williams was part of the ACLU team that represented thousands of petitioners who sought relief from convictions based on the Dookhan scandal.
  • Sandra Guerra Thompson, director of the Criminal Justice Institute at the University of Houston Law Center. In 2015, Sandra wrote the book, “Cops in Lab Coats: Curbing Wrongful Convictions with Independent Forensic Laboratories.”

Stream it above or listen to it at the Legal Talk Network. Never miss an episode of Lawyer 2 Lawyer by subscribing via the iTunes library or our RSS feed.

This week on the legal-affairs podcast Lawyer 2 Lawyer, we look at President Trump’s repeal of internet privacy rules promulgated last year by the FCC. The repeal means that internet service providers can now sell customer usage data without their consent. We explore the legal and privacy issues with two guests:

  • Ernesto Falcon, legislative counsel at the Electronic Frontier Foundation with a primary focus on intellectual property and open Internet issues. Prior to joining EFF, Ernesto was vice president of government affairs at Public Knowledge, where he advocated on behalf of consumers on copyright issues and broadband competition. Earlier, he worked as a legislative staffer for two members of Congress.
  • Alden F. Abbott, the Rumpel senior legal fellow and deputy director of the Meese Center for Legal and Judicial Studies at The Heritage Foundation. Alden previously served as director of patent and antitrust strategy for BlackBerry, and in a variety of senior government positions.

Listen to the show above or at the Legal Talk Network. Never miss an episode of Lawyer 2 Lawyer by subscribing via the iTunes library or our RSS feed.

The working world has changed significantly since enactment of two of the country’s seminal labor laws, the National Labor Relations Act of 1935 and the Taft-Hartley Act of 1947, and other labor laws may be showing their age. So are labor laws due for an overhaul? If so, are they about to get one under the administration of President Trump?

With a new secretary of labor and changes to the composition of the NLRB and the EEOC, the latest episode of our legal affairs podcast Lawyer 2 Lawyer looks at the future of labor law over the next four years. Helping us do that are two experts in the field:

  • Kate Bronfenbrenner, director of labor education research and a senior lecturer at Cornell University’s School of Industrial and Labor Relations, where she teaches and does research on union and employer strategies in organizing and bargaining in the global economy.
  • Howard Wexler, an associate in the labor and employment group in Seyfarth Shaw’s New York office. Wexler has extensive experience defending both single and multi-plaintiff discrimination/harassment cases, class and collective actions, and lawsuits initiated by the EEOC.

Listen to the show above or at the Legal Talk Network. Never miss an episode by subscribing via the iTunes library or our RSS feed.

 

On the latest episode of Lawyer 2 Lawyer, we consider President Trump’s nomination of 10th U.S. Circuit Court of Appeals Judge Neil Gorsuch to the Supreme Court. Helping us consider the nomination are two experts:

  • Carrie Severino, chief counsel and policy director of the Judicial Crisis Network. Severino has testified before Congress on assorted constitutional issues and briefed senators on judicial nominations. Earlier in her career, she was a law clerk to Supreme Court Justice Clarence Thomas and to Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit.
  • Michele L. Jawando, vice president for legal progress at American Progress. Previously, Jawando served as general counsel and senior advisor to Sen. Kirsten Gillibrand (D-NY), where she was responsible for a wide-ranging portfolio of policy issues pertaining to the federal judiciary and nominations. Prior to working for Sen. Gillibrand, Jawando served as the national campaign manager for election protection and legislative counsel at People For the American Way Foundation.

You can stream the program above or listen at the Legal Talk Network. Never miss an episode by subscribing via the iTunes library or our RSS feed.

In July, a sniper opened fire during a march against police shootings in Dallas, killing five police officers and wounding many others. After a 45-minute gun battle and hours of negotiation with the sniper, Dallas Police Chief David Brown gave an order to his SWAT team to come up with a plan to end the mayhem before more police officers were killed. That led to the decision to send in a robot, armed with explosives, to kill the sniper.

In the latest episode of the legal-affairs podcast Lawyer 2 Lawyer, we look at the use of robots by law enforcement. What are the legal, policy and ethical questions surrounding their use? Our guests for this program are:

  • Edward Obayashi, deputy sheriff and legal advisor for the Plumas County, Calif., sheriff’s office and an attorney with a practice providing legal advice to California law enforcement agencies.
  • Peter Asaro, Ph.D., assistant professor and director of graduate programs for the School of Media Studies at the New School for Public Engagement in New York City and co-founder of the International Committee for Robot Arms Control.

Listen to the show above or at the Legal Talk Network. Never miss an episode by subscribing via the iTunes library or our RSS feed.

The Netflix documentary series Making A Murderer was back in the news this week, as a federal judge overturned the conviction of Brendan Dassey, the nephew of Steven Avery, the defendant whose arrest and trial were the primary focus of the series.

DAS_5468
Dean Strang

Just before this latest news broke, I recorded an interview with Dean Strang, one of Avery’s defense attorneys in the series, and Peter Lint0n-Smith, a former TV news reporter who covered the Avery and Dassey trials.

On this special episode of Lawyer 2 Lawyer, I talk with Strang and Linton-Smith about the case, the news coverage, the documentary and the broader implications for the criminal justice system.

Listen above or at the Legal Talk Network or through your favorite podcast player. Never miss an episode by subscribing via the iTunes library or our RSS feed.

Ten years ago, The Authors Guild and several authors filed a lawsuit against Google Inc. alleging copyright infringement through Google’s massive book-scanning project, in which it scanned tens of millions of books and made them searchable. Recently, the 2nd U.S. Court of Appeals ruled in Google’s favor, finding that the project was fair use under copyright law.

In the latest episode of the legal-affairs podcast Lawyer 2 Lawyer, we discuss this landmark ruling and its implications for authors, publishers and the general public. Our guests for the program are three experts in copyright law, including one of the lawyers who represented The Authors Guild:

  • William H. Frankel is chair of the copyright group at Brinks Gilson & Lione in Chicago. His practice includes patent, trademark, copyright, trade secrets and unfair competition litigation in jury and non-jury cases; international intellectual property, litigation and counseling; and licensing. He has counseled clients in the evaluation, protection, procurement, and transfer of IP rights, including providing legal expertise in worldwide patent protection and the coordination of legal strategies in global IP disputes.
  • Kenneth D. Crews specializes in copyright law at Gipson Hoffman & Pancione in Los Angeles, serving the commercial and entertainment sectors, as well as nonprofit entities, individual authors and other creative talent. For more than 25 years, his research, policymaking, and teaching has centered on copyright issues of importance to education and research. He established and directed the nation’s first university-based copyright office at Indiana University, where he also held a tenured law professorship. He was later recruited to establish a similar office at Columbia University in New York, and he currently serves on the faculty of Columbia Law School.
  • Jeremy S. Goldman is with Frankfurt Kurnit Klein & Selz in New York, where he represents companies and individuals in the media, entertainment, advertising and technology spaces in complex litigation involving copyright in the digital age, film and television contracts, trademarks and rights of publicity. He has litigated some of the most closely watched copyright and entertainment cases, including representing The Authors Guild in the Google Books and HathiTrust cases and Hasbro in a 2014 trial in Los Angeles over the motion picture rights to Dungeons & Dragons.

Listen above or at the Legal Talk Network. Never miss an episode by subscribing via the iTunes library or our RSS feed.

A special thanks to our show’s sponsor, Clio.