Common Law

S6 E7: Medicalizing Civil Rights May 21, 2024

Experts increasingly use the language of medicine and disability to address social issues like poverty and racial discrimination. Professors Craig Konnoth of UVA Law and Karen M. Tani of Penn Law discuss how we got here.

S6 E6 Throwback: A Future With Autonomous Vehicles Apr 23, 2024

“Common Law” looks back on a season 1 episode about liability issues connected to autonomous vehicles, featuring UVA Law professor Kenneth S. Abraham and alum Mike Raschid ’86. Has the future finally arrived?

S6 E5: Digging Into Our Forgotten Legal History Apr 09, 2024

UVA Law professors Cynthia Nicoletti and Joy Milligan join host Risa Goluboff for a discussion on how divergent approaches to digging into the past can reveal some surprising truths about law and history.

S6 E4: A Prescription for Saving Democracy Mar 26, 2024

Two former White House officials on different sides of the political aisle, Melody Barnes and John Bridgeland ’87, talk about ways to strengthen democracy and work across differences.

S6 E3: Why ESG Investing Is at a Turning Point Mar 12, 2024

The practice of investing in funds and companies that pay attention to environmental, social and corporate governance issues could be at a turning point, say UVA Law professors Quinn Curtis and Paul G. Mahoney.

S6 E2: Was Chevron Wrongly Decided? Feb 27, 2024

UVA Law professors John Duffy and Dan Ortiz discuss whether the Supreme Court will or should overturn one of its most famous decisions, Chevron, which gave administrative agencies deference in interpreting statutes.

S6 E1: Ethics at the Supreme Court Feb 13, 2024

Does the U.S. Supreme Court need more oversight in light of recent ethics concerns? UVA Law professors Amanda Frost and Richard M. Re join host Dean Risa Goluboff to discuss whether more rules are needed.

Season 6 Preview: Free Exchange Feb 07, 2024

Season 6 features the kind of robust discussions and debates that go on behind the scenes among faculty at the University of Virginia School of Law. Dean Risa Goluboff returns to host.

S5 E8: Why Your Face Should Be a Trade Secret Mar 23, 2023

Facial recognition technology is used for everything from unlocking your phone to locking up criminals. UVA Law professor Elizabeth Rowe makes the case that biometric data like your face and fingerprints should have trade secret-level protections.

S5 E7: Playing by the Rules in Our Everyday Lives Mar 09, 2023

What makes people and organizations obey — or resist — the law? Social scientist Susan S. Silbey, a professor at the Massachusetts Institute of Technology, discusses her life’s work on the subject.

S5 E6: The Politics of Pipelines Feb 23, 2023

The federal process for reviewing proposed interstate natural gas pipelines was highly contentious several decades ago and is now more of a rubber stamp. UVA Law professor Alison Gocke looks at what changed.

S5 E5: The State of the Supreme Court’s Legitimacy Feb 09, 2023

Political scientist James L. Gibson discusses his survey data suggesting the U.S. Supreme Court lost some legitimacy in the eyes of the public after overturning Roe v. Wade.

Avoiding the Separation-of-Powers Question Dec 15, 2022

Congressional conflicts with the executive branch often set off legal battles in the courts, and cases can drag on until the point is moot. UVA Law professor Payvand Ahdout digs into why this is happening and what impact it has on the balance of power.

S5 E3: ‘Bad Habits’ and Character Evidence Dec 01, 2022

The rules on character evidence are difficult to apply and riddled with exceptions and problems, according to Teneille Brown, a University of Utah law professor who argues they need to be updated.

S5 E2: The Supreme Court Case That Could Rewrite Democracy Nov 03, 2022

The U.S. Supreme Court case Moore v. Harper tests the independent state legislature doctrine and could radically change electoral districting maps and the states’ role in federal elections, says University of Virginia law professor Bertrall Ross.

S5 E1: Taboo Trades Oct 20, 2022

University of Virginia School of Law professor Kim Krawiec discusses her work on taboo transactions, such as commercial surrogacy, egg and sperm markets, organ donation and sex work. Risa Goluboff and Cathy Hwang host the episode.

S4 E14: A Bloody Revolution and an Odious Debt Aug 04, 2022

University of Virginia law professor Mitu Gulati looks at the tragic history of Haiti’s 19th-century “odious debt” to France after islanders won their freedom from slavery, and discusses whether Haiti could recoup what it lost.

S4 E13: Fighting Racial Discrimination in Our Digital Lives Jul 21, 2022

University of Pennsylvania law professor Anita L. Allen discusses her framework for stopping surveillance, fraud and exclusion targeting Black Americans online.

S4 E12: Predicting Violence Jul 07, 2022

UVA Law professor John Monahan discusses how predicting violence became a concern for courtrooms and mental health practices nationwide, and developed alongside his own career.

S4 E11: Why Privacy Matters Jun 23, 2022

Don’t care about information privacy because you have nothing to hide? Neil Richards, a law professor at the Washington University in St. Louis and a UVA Law alumnus, explains the extent to which companies mine data and seek to influence you, and why you should care.

S4 E10: The President’s Power To Hire and Fire Jun 09, 2022

George Mason University law professor Jennifer Mascott discusses past and present legal challenges to the president’s power to appoint and remove executive officers.

S4 E8: The Psychology of Eyewitness Memory May 12, 2022

Psychologist Elizabeth F. Loftus, a leading expert on memory, discusses how her research transformed the justice system.

S4 E7: The High Cost of Pretrial Detention Apr 28, 2022

Would you rather spend a day in jail or be the victim of a burglary? UVA Law professor Megan Stevenson discusses why her research suggests almost no one should be detained pretrial.

S4 E6: Property Taxes and Racial Gentrification Apr 14, 2022

Under some property tax schemes, white homebuyers moving into gentrifying neighborhoods might be getting a substantial tax break, explains UVA Law professor Andrew Hayashi.

S4 E5: The Railroad Strike Case That Made History on Federal Injunctions Apr 01, 2022

UVA Law professor Aditya Bamzai discusses In re Debs and the federal government’s use of injunctions with hosts John Harrison and Risa Goluboff.

S4 E4: Why Fair Procedures Matter in Policing Mar 17, 2022

Yale Law School professor Tom R. Tyler joins co-host and fellow psychologist Gregory Mitchell to discuss Tyler’s work on procedural justice, including a training program for Chicago police officers.

S4 E3: Calling Out Cyberattacks Mar 03, 2022

The United States and other nations have only recently begun to publicly attribute cyberattacks to other countries, such as Russia. UVA Law professor Kristen Eichensehr proposes more transparency and legal guardrails when exposing cyberattacks.

S4 E2: Inside the President’s Supreme Court Commission Feb 17, 2022

University of Alabama law professor Tara Leigh Grove, a member of the Presidential Commission on the Supreme Court of the United States, joins hosts John Harrison and Risa Goluboff to discuss options for reform and why change is so difficult.

S4 E1: Why ESG Funds Are Shaking Up Wall Street Feb 03, 2022

Do ESG funds — those espousing environmental, social and governance values — live up to their label, and should they be regulated? UVA Law professor Quinn Curtis joins hosts Cathy Hwang and Risa Goluboff.

Season 4 Preview: Co-Counsel Jan 27, 2022

For the fourth season of the podcast “Common Law,” launching Feb. 3, UVA Law professors John Harrison, Danielle Citron, Gregory Mitchell and Cathy Hwang will co-host with Dean Risa Goluboff. Each co-host is helping to choose guests and topics, and bringing their own expertise to the show.

S3 E9: Separate Schools, Separate Worlds Jun 01, 2021

Why are many K-12 schools still struggling with racial inequity and the legacy of segregation almost 70 years after Brown v. Board of Education? University of Virginia President Jim Ryan discusses the role of the Supreme Court, public policy and higher education in addressing the issue.

S3 E8: The Goal of Equity in Women’s Soccer May 11, 2021

Despite dominating in international competition, the U.S. women’s soccer team is paid far less than their male counterparts. UVA Law professor Camilo Sánchez and law student Jolena Zabel explore what players’ efforts around the world to achieve equity in pay and working conditions teach us.

S3 E7: From Trayvon Martin to George Floyd: The Trauma of Injustice Apr 23, 2021

Black communities experience lasting “cultural trauma” from the lack of accountability for police and vigilante violence, explains Boston University School of Law Dean Angela Onwuachi-Willig.

S3 E6: Policing the Police Apr 06, 2021

UVA Law professor Rachel Harmon, author of “The Law of the Police,” says it’s time for Americans to broadly rethink how we regulate the police.

S3 E5: Regulating Private Lives Mar 23, 2021

From interracial marriage to LGBTQ rights, when the Supreme Court decriminalizes private behavior, other forms of regulation step in, says New York University School of Law professor Melissa Murray.

S3 E4: The Wolf at the Door Mar 09, 2021

Economic insecurity is affecting Americans’ lives in profound ways, both at home and in politics. Columbia law professor and UVA Law alumnus Michael Graetz discusses his proposals for reform.

S3 E3: Uncoupling the Benefits of Marriage Feb 23, 2021

From health care to taxes, numerous financial benefits are still tied to whether you are married — even as the marriage rate is declining. UVA Law professor Naomi Cahn discusses how uncoupling benefits from marriage can be more equitable.

S3 E2: The Bias Baked Into Algorithms Feb 09, 2021

UVA Law professor Deborah Hellman discusses her work on how algorithms can compound injustice, and the evolution of her theory on discrimination.

S3 E1: What Happened to the ‘Promised Land’? Jan 26, 2021

Harvard Law School professor Randall Kennedy discusses past and present visions for a “promised land” on race, and what law can do to shape it.

Season 3 Preview: Law and Equity Jan 21, 2021

What role can law play in making society more equitable? "Common Law" hosts Risa Goluboff and Leslie Kendrick will explore how inequities touch our lives, sometimes in unexpected ways. Tune in Jan. 26 for the first episode.

S2 E11: ‘Carbon Dioxide Warriors’ at the Supreme Court May 19, 2020

Harvard Law School professor Richard Lazarus discusses how environmentalists made history with the U.S. Supreme Court case Massachusetts v. Environmental Protection Agency.

S2 E10: The President’s Expanding Powers Apr 30, 2020

University of Virginia School of Law professor Saikrishna Prakash discusses his new book on how the presidency’s authority has grown and how Congress might check the executive.

S2 E9: Learning From Pandemics of the Past Apr 16, 2020

As the world battles the novel coronavirus, University of Virginia history professor Christian McMillen discusses what lessons we can learn — and improve upon — from past pandemics.

S2 E8: Native American Costumes and the Unwritten Constitution Mar 31, 2020

Why did colonists wear Native American costumes at the Boston Tea Party? Professor Farah Peterson investigates the history of mob protests for economic rights on the path to America’s unwritten constitution.

S2 E7: Teaching the Law of Sexual Assault Mar 03, 2020

As women began to enter law school, educators worried about whether the curriculum was fit for female ears, UVA Law professor Anne Coughlin explains. These same issues manifest today in debates over whether professors can teach the law of sexual assault in an era of trigger warnings.

S2 E6: A Prosecutor’s Path to Criminal Justice Reform Feb 18, 2020

Former U.S. Attorney Joyce White Vance ’85 discusses a revolution in how prosecutors are thinking about and pursuing justice.

S2 E5: The Lowdown on Libel Feb 04, 2020

The Supreme Court took on New York Times Co. v. Sullivan in 1964, in part, to protect the civil rights movement. But did justices go too far in making libel hard to prove? UVA Law professor Frederick Schauer explains new concerns.

S2 E4: When School Financing Hit the Courts Nov 12, 2019

The Supreme Court said the Constitution didn’t guarantee a right to education in the 1973 case San Antonio Independent School District v. Rodriguez, but litigation aiming for equity continues, as UVA Law professor Kimberly Robinson explains.

S2 E3: The Road Not Taken After the Civil War Oct 29, 2019

A Union effort to redistribute land to former slaves during the Civil War unraveled because of the efforts of Southern lawyers, UVA Law professor Cynthia Nicoletti explains.

S2 E2: Rethinking Rights After World War II Oct 15, 2019

As World War II made clear, the United States needed to step up on civil liberties and civil rights to take on the Soviet Union, UVA Law professor G. Edward White explains.

S2 E1: The Nonsmoker Revolution Oct 01, 2019

After the U.S. surgeon general released a landmark report on the dangers of smoking, lawyers and activists helped curb a public health epidemic, UVA historian Sarah Milov explains.

Season 2 Preview: When Law Changed the World Sep 25, 2019

The second season of “Common Law” explores pivotal moments when law — and lawyers — changed the world. Hosts Risa Goluboff and Leslie Kendrick look back at turning points that shed light on the world today and how we got here. Tune in Oct. 1 for the first episode.

Episode 10: Science and the Gavel Jun 18, 2019

With scientific evidence an intrinsic and complex part of today’s court cases, can judges keep up? Senior U.S. District Judge Jed Rakoff of the Southern District of New York discusses challenges and opportunities for jurists.

Episode 9: A Change of Faith at the Supreme Court Jun 11, 2019

UVA Law professors Richard Schragger and Micah Schwartzman join Cornell’s Nelson Tebbe to discuss the evolution of the Supreme Court's jurisprudence on religion.

Episode 8: Killer Robots and the Algorithms of War Jun 04, 2019

As tech transforms traditional warfare, UVA Law professor Ashley Deeks explains how national security is changing and discusses whether the law can keep up.

Episode 7: The Lawyer in Your Computer May 21, 2019

From courtroom apps to analyzing law texts, UVA Law professor Michael Livermore explains how technology is reshaping legal processes and yielding new insights.

Episode 6: A Future With Autonomous Vehicles May 07, 2019

UVA Law professor and insurance and torts expert Kenneth Abraham and alum Mike Raschid ’86, chief legal officer and vice president of operations at Perrone Robotics, discuss what a future with autonomous vehicles will mean for liability and beyond.

Episode 5: How Law Can Make a Difference in Health Outcomes Apr 23, 2019

Public health policy expert and UVA Law professor Dayna Bowen Matthew ’87 explores social and legal factors — such as where you live and your race — that affect health outcomes, and how lawyers and doctors are teaming up to confront these challenges.

Episode 4: The Law and Ethics of 'Game of Thrones' Apr 09, 2019

We take a break from this season’s focus on the future of law to explore the future (and past) of Westeros with Virginia Solicitor General Toby Heytens ’00 and Professor Mila Versteeg.

Episode 3: Taxing Big Tech and the Future of International Tax Mar 26, 2019

UVA Law professor Ruth Mason explains why the world is at a crossroads on international tax, as nations consider how to ensure that corporations like Google, Amazon and Apple are paying their fair share in a digital economy.

Episode 2: How Blockchain Could Change Everything Mar 12, 2019

UVA Law professor George Geis and attorney Mayme Donohue of Hunton Andrews Kurth discuss the impact of blockchain — the same technology fueling the rise of cryptocurrencies — on a range of industries, including law.

Episode 1: The Innocence Update Feb 28, 2019

Best-selling author John Grisham and UVA Law Innocence Project Director Deirdre Enright discuss the latest on innocence cases, forensics and the future of criminal justice.

Episode 0: Meet the Hosts Feb 28, 2019

Risa Goluboff and Leslie Kendrick interview each other, talk about why they wanted to start a podcast and discuss what this season will focus on.

Introducing “Common Law” Feb 22, 2019

Hosts Risa Goluboff and Leslie Kendrick, dean and vice dean of the University of Virginia School of Law, preview their new podcast, “Common Law.”

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