Common Law

Latest Episodes:

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

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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

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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

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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

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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

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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

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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

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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

Show notes

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

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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

Show notes

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.

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