California MCLE Podcast

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Deadly Force as Self Defense May 28, 2024

Show notes

The law of self-defense permits the use of deadly force under a strict set of conditions: the threat must be both imminent and unlawful, and the response, both necessary and proportionate. But what of the murkier scenarios where multiple parties, ensnared in the throes of perceived danger, believe themselves justified in their fears? Consider the tragic case of George Zimmerman and Trayvon Martin—where does the law stand when fear is misplaced, and how swiftly can one lawfully escalate to lethal force? Professor Kimberly Ferzan of the University of Pennsylvania School of Law navigates these shadowy waters and others offering her insights into the delicate balance between legal theory and the stark realities of personal safety.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast.

Approved for 1.0 hour of General California MCLE credit.

Injustice by Forensics May 20, 2024

Show notes

Forensic science, when applied rigorously, has the power to catch and convict criminals, but when mishandled, can lead to tragic miscarriages of justice. In this eye-opening interview with Professor Brandon Garrett (Duke Law School) and Dr. Peter Stout (Houston Forensic Science Center), explore high-profile exoneration cases like those of Josiah Sutton and George Rodriguez and the systemic issues plaguing crime labs across the country.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

Weaponization of Outer Space Apr 29, 2024

Show notes

As the US accuses Russia of developing nuclear-armed satellites, what does international law say about weapons of mass destruction (WMD) in outer space? Space law expert, Professor Frans von der Dunk discusses the weaponization of outer space and the laws that govern weapons beyond the planet. The deployment of weapons of mass destruction in outer space presents not only a significant threat to global security but also a complex challenge to international law, explains Professor von der Dunk, a leading authority on space law at the Nebraska College of Law.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

A Mindful Lawyer – Combatting Lawyer Stress Jan 10, 2024

Show notes

The legal profession is known for its high-stakes, high-stress lifestyle. The dangers of stress to mind and body are similarly well known. However, as one endocrinologist famously put it, “It is not stress that kills us, it is our reaction to it.” In a time of heightened stress, we explore one potentially powerful strategy that lawyers can use to more effectively combat stress and improve their professionalism–mindfulness. As attorney and mindfulness teacher Jon Krop explains, mindfulness is the practice of being present in the moment and a practical tool to help better manage stress. Krop describes some of the unique characteristics of the legal profession that may make lawyers more prone to stress and makes the case for incorporating mindfulness and meditation to improve job performance and the health of the profession overall. This interview explores both the scientific underpinnings and benefits of mindfulness and concrete tips to incorporate mindfulness into a busy lawyer’s daily life.

How to Earn CLE Credit

Approved for 1.0 hour of Wellness Competence California MCLE credit.

War Crimes – Israel & Gaza Jan 03, 2024

Show notes

In the volatile conflict between Israel and Gaza, the line between legitimate military action and war crimes is often blurred. Professor Michael Newton, an expert in the laws of war, begins with a brief history of war crimes and how these international laws were codified. He then turns to the violence in Gaza and Israel, using real life examples from bombings to kidnapping to better understand what differentiates a legitimate act of war from a war crime.

How to Earn CLE Credit

Approved for 1.5 hours of General California MCLE credit.

Model Minority & Associates Nov 03, 2023

Show notes

Like all attorneys, Asian-American lawyers generally strive for legal excellence by honing their expertise and delivering quality client service. Yet, they can confront a myriad of stereotypes, biases, and misconceptions from colleagues and even clients. In this interview, Prof. Peter Huang of Colorado Law delves into the unique challenges and biases Asian-American lawyers face.

Prof. Huang discusses how many view Asian-American lawyers through the lens of the "model minority" myth. This stereotype paints Asian-Americans as a monolithic group, emphasizing traits such as studiousness, diligence, and obedience, and overlooking their diverse individual qualities. Such perceptions can have detrimental effects. Aspiring Asian-American leaders or law partners may find themselves pigeonholed as effective but potentially lacking creativity or vision, consequently limiting their ascent to senior roles.

Prof. Huang emphasizes that today's Asian-American lawyers often wrestle with subtle, unspoken or subconscious biases. He further enriches the discussion by introducing concepts like the “perpetual foreigner syndrome” or the minority “cloak of invisibility” shedding light on multifaceted challenges Asian-American professionals encounter.

How to Earn CLE Credit

Approved for 0.5 hours of Implicit Bias & Bias Reducing Strategies California MCLE credit.

Dying Without a Will Nov 01, 2023

Show notes

When you die without a will, the default rules of inheritance law kick in, allocating assets based on established formulas and hierarchies. In this conversation, Prof. John Morley (Yale Law School) explains basic inheritance law and delves into the default rules that come into play when a person dies without a will (“intestate”) and how these rules both vary significantly from state to state and are often at odds with common expectations when it comes to an individual’s legacy.

Through his recent survey, Prof. Morley has uncovered differences in inheritance expectations across various demographic groups. For instance, women are notably less likely than men to intentionally leave money to their spouses. Additionally, the conversation explores discrepancies by race and sexual orientation as well as some notable surprises pertaining to less traditional family structures.

Prof. Morley's insights not only underscore the importance of having a will that accurately reflects one's wishes but also suggest that intestacy laws across the nation may be out of step with modern expectations and in need of revision.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

SFFA v. Harvard Aug 10, 2023

Show notes

Students for Fair Admissions v. Harvard College signals a radical shift in how the Supreme Court views favoring racial diversity and affirmative action in higher education. Chief Justice John Roberts, writing the majority opinion in SFFA v. Harvard, rejects the use of race as a factor in college admissions, asserting that this practice, previously accepted under prior cases such as Bakke and Fisher (see additional resources), is no longer permissible. Professor Theodore Shaw of UNC Law School explains the evolution of affirmative action and racial diversity programs and the impact of this decision on our understanding of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

Why Law Firms Implode Jun 16, 2023

Show notes

Law firm failures do not merely fall off into bankruptcy - they are spectacles of grand implosions. American law firms suffer from unique structural risks that can drive these formidable institutions to not just falter, but to rapidly collapse even when their balance sheets and profitability would suggest more durability in another industry. This phenomenon, far from random, stems from the fragile ownership structure unique to the legal industry. In an interview with Yale Law Professor John Morley, we take a deep dive into the inherent risks and dramatic consequences of law firm failures, and why this topic should command our attention.

How to Earn CLE Credit

Approved for 1.0 hour of Legal Ethics California MCLE credit.

Police Commands & Police Coercion Jun 10, 2023

Show notes

Police commands are the cornerstone of law enforcement, at once projecting the authority of the state and instantly creating legal obligations for which the failure to comply can result in arrest, detention, or even the use of deadly force. But what are the limits of police commands? When are they lawful and what rights do we have to disobey them when they are unlawful? Professor Rachel Harmon, a leading scholar on police law explains how police commands are the building blocks of police authority and can serve as the foundation upon which a peaceful resolution to a crisis is built. On the other hand, bad commands can create confusion, escalate tensions, and result in unnecessary use of force. Prof Harmon explains the legal limits of police commands and how regulating them can play a critical role in reducing police abuse and unnecessary force.

How to Earn CLE Credit

Approved for 1.0 hour of General California MCLE credit.

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