Discrimination against protected classes in employment is clearly illegal, but what protections exist for volunteers? What constitutes a benefit that should trigger employment law protections? Can intangible benefits be enough to trigger Title

Eliminating Constitutional Law

Sep 27th, 2021 22m 59s

In this episode, Tony discusses Eliminativism with Professor Evan Bernick from NIU. Does constitutional law actually exist? Do constitutional decisionmakers need to have a theory of law in order to choose a constitutional theory? Does whether

Equity in Law School Admissions

Sep 13th, 2021 44m 54s

Dean Danielle Conway, head of Penn State Dickinson Law, joins the panel to discuss law school admissions. How can the law school admission process lead to systematic inequities? How has Penn State Dickinson Law adjusted its admissions process t

Processes in Law School Which Affect Law Students and Lawyers

Sep 6th, 2021 49m 13s

Professor Kathryne Young from UMass-Amherst is conducting a longitudinal study of law students and mental health. The first paper from that effort was published earlier this year. In this episode, our panel visits with Professor Young to discus

Civil Rights during the Covid Pandemic

Aug 23rd, 2021 46m 48s

In this episode, the panel discusses decisions made during the 2020 Covid shutdowns. How were the shutdowns handled in different states? Were civil rights adequately protected? Do civil rights deserve protection, even at the cost of public heal

The Limits of Limitariansim

Aug 9th, 2021 45m 22s

Should the amount of wealth a person can acquire be limited? Does wealth translate into political power? If so, does wealth inequality affect whether a society should be considered a democracy? Does inequality in access to justice affect the ch

Gallows Medicine

Jul 26th, 2021 40m 30s

In the 18th century, some folk-medicine treatments were the byproduct of the legal system. Our panel of 21st century law students consider an article which describes them. Why do people believe in superstitions? How has that influenced how we'v

The Automated Administrative State

Jun 30th, 2021 39m 26s

The panel has a conversation with Professor Ryan Calo from the University of Washington, discussing: How do regulatory agencies use automated decision making software or algorithms? Who is responsible when the algorithms deliver absurd results?

Emotional Support Animals and the Fair Housing Act (and other situations)

May 27th, 2021 27m 6s

Service Animals are generally considered reasonable accommodations under the Fair Housing Act. Should Emotional Support Animals be treated similarly? What about in non-housing situations? What documentation should be required for an animal to b

Shooting Fish (With Firearms)

Apr 1st, 2021 31m 15s

BONUS EPISODE! California attorney Michael Smith visits with the panel to discus state regulations regarding shooting fish (with firearms), the topic of a law review article he authored. We also discuss: What constitutes good legal writing? Wha

Jurors and Social Media

Mar 23rd, 2021 38m 21s

How does social media influence jurors? What concerns are raised when jurors use social media during a trial? What are reasonable restrictions during a trial? How has our understanding of reasonable social media use changed over the past few ye

E-sports, and the regulation thereof

Mar 1st, 2021 37m 9s

The panel discusses video games in the context of e-sports, streaming, and how these activities are and/or should be regulated. Covering subjects from performance enhancing drug testing of e-thletes to visas to monetary and 'attention' in-game

Hot Coffee For Law Day

Feb 15th, 2021 41m 47s

Professor Michael Mogill joins the panel to discuss how he used Liebeck v. McDonald's Restaurants, the famous 'hot coffee' case, at a Law Day presentation to explain how the jury system works. Other topics discussed include how to teach legal c

Fortnite, the NFL, Dancing, and Copyright

Feb 1st, 2021 34m 59s

The panel discusses an article that raises a hypothetical, what claim for an NFL player whose endzone dance is copied by a videogame. Join us for a wide ranging discussion that encompasses the constitution, TikTok, motivations for creative peop

The Morality of Grading on a Curve

Jan 18th, 2021 43m 6s

Law school grades are curved. Why? What are they trying to measure? Do curved grades serve students? Employers? Are curved grades moral? The panel discusses these topics and more, after reading an article which presented a case study of a law s

Snitches Get Stiches

Jan 4th, 2021 41m 46s

What is the object of having an honor code or conduct code? Should law school honor codes have a "toleration clause", which requires a student who becomes aware of an honor code violation to report it? Should school codes be different than prof

Handling Judicial Recusal at the Supreme Court

Dec 21st, 2020 30m 31s

The panel is joined by our first guest-author, Associate Dean Bekah Saidman-Krauss! We discuss an article she wrote which analyzed a proposal by Senator Leahy (D-VT) to allow the Supreme Court to fill recusal based vacancies with retired Justic

Business Information and FOIA

Dec 7th, 2020 24m 9s

The panel considers exemption 4 of the Freedom of Information Act which protects financial and business information. Does this create a right to privacy for corporations? Should business information be protected from disclosure, when the busine

Are abortions an essential medical service during a pandemic?

Nov 23rd, 2020 30m 52s

The panel discusses court responses to states imposing restrictions on abortion during the present COVID pandemic. Is medicine an area where public necessity can outweigh private rights? Does restricting abortion actually reduce the use of PPE?

Election Litigation and the Supreme Court

Nov 9th, 2020 29m 51s

While waiting to learn the outcome of the current election, our team looks back at Bush v. Gore and the decision making of the Supreme Court in the aftermath of the presidential election in the year 2000. Is a presidential candidate meaningfull

The Voting Rights Act after Shelby v. Holder

Oct 26th, 2020 31m 57s

Just in time for the election, Schenley leads the panel in a discussion of Shelby v. Holder and the status of the Voting Rights Act. How pervasive should federal oversight of voting be? Also, instructions on how our listeners can get a free Law

Tinkering with the Schoolhouse Gates

Oct 12th, 2020 33m 59s

The panel discusses Tinker v. Des Moines, a foundational case regarding free speech for students, and subsequent developments. Is the current standard for free speech still applicable in an era of social media and online interactions?The artic

Privacy Expectations Without Houses

Oct 4th, 2020 29m 8s

Tony and Nailah discuss expectations of privacy in homeless encampments and surrounding issues. The article discussed was:Carrie Leonetti, THE WILD, WILD WEST: THE RIGHT OF THE UNHOUSED TO PRIVACY IN THEIR ENCAMPMENTS, 56 Am. Crim. L. Rev. 399

Alcoholism, Addiction, and the Legal Profession

Oct 4th, 2020 24m 11s

Schenley and Tony discuss alcoholism, addiction, and the legal profession. The article discussed was:Alexander O. Rovzar, Putting the Plug in the Jug: The Malady of Alcoholism and Substance Addiction in the Legal Profession and a Proposal for

Facemasks and the Constitution

Oct 4th, 2020 29m 15s

The panel discusses when and if requiring facemasks could infringe on constitutional rights. The article discussed is:Polly J. Price and Patrick C. Diaz, Face-Covering Requirements and the Constitution, American Constitution Society Expert For