Lawyer 2 Lawyer

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Liability and Litigation Stemming from the Texas Weather Crisis Mar 05, 2021

Show notes

In February, two severe winter storms swept across the United States, ultimately hitting the state of Texas hard. These storms caused major power outages, water and food shortages, and dangerous weather conditions, leaving Texans across the state struggling to survive.

So who is liable? And was this preventable? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Heather Payne from Seton Hall University School of Law, to discuss litigation and liability stemming from Texas' recent weather crisis.

The Search of Electronic Devices at the U.S. Border Feb 19, 2021

Show notes

On February 9th, 2021, reversing what had been seen as a landmark legal victory for civil liberties groups, First Circuit Judge Sandra Lynch ruled in the matter of Alasaad v. McAleenan, finding that both basic and "advanced" searches fall within "permissible constitutional grounds" at the U.S. border.

The dispute centers around the search and temporary detainment of electronic devices by U.S. Customs and Border Patrol and ICE agents, as well as the retention of data found on those devices - even in circumstances where no suspicious activity has occurred.

On Lawyer 2 Lawyer, host Craig Williams is joined by professor Laura K. Donohue, director of Georgetown's Center on National Security and the Law, to discuss this recent circuit court ruling on electronic device searches at the U.S. border, reaction to the ruling, the First and Fourth Amendments, and next steps.

Special thanks to our sponsor, LEX Reception.

The Executive Orders of President Biden Feb 05, 2021

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With a stack of executive orders piled on his desk, President Biden wasted no time. According to Newsweek, "President Biden signed more executive orders in the first 12 days of his presidency than the combined number issued by Donald Trump and Barack Obama for the same point in their tenures."

From revoking the permit for the Keystone XL pipeline and reversing the travel ban targeting primarily Muslim countries, to requiring mask wearing and preventing and combating discrimination, President Biden covered and reversed a wide range of policies with the stroke of a pen. So what is the effect of these orders under the newly elected Biden? And what questions arise as to their legality and constitutionality?

On Lawyer 2 Lawyer, host Craig Williams is joined by professor Michael W. McConnell, director of the Constitutional Law Center at Stanford Law School and Dr. Kevin G. Vance from the Clemson Institute for the Study of Capitalism and Department of Political Science, as they discuss President Biden's executive orders, their impact, their constitutionality, the ramifications of the immediate reversal of the prior president's actions, and what's to come from this new administration.

Special thanks to our sponsor, LEX Reception.

Legal Liability Stemming from the Capitol Riot Jan 22, 2021

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As the nation celebrated the 59th Presidential Inauguration, the White House, U.S. Capitol and other federal buildings were surrounded by checkpoints, a seven-foot-high fence, thousands of National Guard Troops, and military vehicles patrolling the streets of DC, all stemming from the riot at our U.S. Capitol just over two weeks ago.

Since the riot, there have been federal felony arrests and charges brought against many of those who entered the Capitol or committed related crimes on January 6th. But who else will be held legally liable for these riots in the year ahead? President Trump? Sponsors and planners of the rally pre-riot? Members of Congress? What about those who have incited violence or spread misinformation through their social media channels?

On Lawyer 2 Lawyer, host Craig Williams is joined by attorney Alan Gassman from the law firm Gassman, Crotty & Denicolo and attorney Michael McAuliffe from the firm, McAuliffe Law PLLC as they discuss legal liability stemming from the U.S. Capitol riot, federal felony charges, and what lies ahead for all involved.

Special thanks to our sponsor, LEX Reception.

Discussed in this episode:

Defining Sedition under the Trump Presidency Jan 08, 2021

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Sedition is defined as "conduct or speech inciting people to rebel against the authority of a state or monarch." Throughout the Trump presidency, the word "sedition" has been used by both parties to describe various actions alleged to have crossed a legal line. For instance, Attorney General Barr suggested to prosecutors to file sedition charges against protesters in wake of protests across the country.

On January 6, 2021, Pro-Trump protestors stormed the U.S. Capitol as lawmakers were in the process of certifying Electoral College votes in favor of President Elect-Biden. So are any of these actions considered seditious? And if so, what is being done about it?

On Lawyer 2 Lawyer, host Craig Williams is joined by constitutional law professor Carlton Larson from UC Davis School of Law, as they talk about sedition as it applies to the actions of the current administration, identify the legal line between sedition and free speech, and define what is and isn't sedition.

Special thanks to our sponsor, LEX Reception.

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Taking a Different Path-Leaving the Law and Finding your Passion Dec 25, 2020

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Have you ever considered leaving the law and going on the adventure of a lifetime? On Lawyer 2 Lawyer, host Craig Williams spotlights word traveler, writer, photographer, and public speaker Jodi Ettenberg, a former lawyer who left the law and took a different career path. Jodi will discuss how she became interested in law, what led to her departure, what she learned in her new career, and the importance of finding and following your passion.

Special thanks to our sponsor, LEX Reception.

Discussed in this episode:

COVID & the Courts Dec 11, 2020

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With the pandemic still raging, litigation looks very different. Courtrooms across our country have had to adapt to the pandemic through new safety measures and the use of technology to keep up. But while these changes have allowed courts to operate, these changes haven't come without their headaches and, for some clients, very real challenges.

Have the Courts done enough to ensure access? What does today's courtroom and court procedure look like? What about jury trials and selection? On Lawyer 2 Lawyer, host Craig Williams is joined by attorney John S. Stiff, the founding partner of Stiff, Keith & Garcia, LLC, and Danielle Hirsch, Principal Court Management Consultant for the National Center for State Courts, to discuss COVID and the Courts. They talk about getting justice during a pandemic, take an inside look at what's going on in courtrooms today, explore the impact on all those involved in the process, and what is being done to ease and speed up the process.

Special thanks to our sponsors, Blue J Legal and LEX Reception.

Transition of Power Nov 27, 2020

Show notes

The transition of presidential power is the process during which the president-elect of the United States prepares to take over the administration of the federal government of the United States from the incumbent president. The peaceful transition of government has long been a hallmark of American democracy.

In what has become an unfortunately common refrain, 2020 has proven different. For weeks following the election being called for Joe Biden, the Trump administration refused to begin the transition process. It was in these circumstances that this episode was recorded. However, since then, the General Services Administration has decided to release funds to the incoming Biden administration to facilitate a transition, but that doesn't necessarily mean a smooth transition is here. The possible impact of the delays, continuing refusals to concede defeat, and ongoing litigation disputing the results in multiple swing states give rise to concerns regarding national security, the economy, and the government's ability to properly address the effects of the Coronavirus.

On Lawyer 2 Lawyer, host Craig Williams is joined by William C. Banks, professor and former interim dean from the Syracuse University College of Law and professor Leslie Gielow Jacobs, director of the McGeorge School of Law Capital Center for Law & Policy, as they explore the practical impacts of a delayed transfer of power from an uncooperative incumbent administration, both for the incoming administration and the American people. They'll discuss what lessons we can learn from the past, and what options the Biden administration may have going forward.

Special thanks to our sponsors, Blue J Legal and LEX Reception.

Presidential Immunity Nov 13, 2020

Show notes

On Saturday, November 7th, 2020, after nearly a week of waiting for the results of the 2020 election, former Vice President Joe Biden was declared the winner of the 2020 presidential election. As of the publication of this episode, President Trump has not yet conceded and has instead filed or intends to file a number of lawsuits against select swing states, claiming voter fraud and demanding recounts.

On January 20th, 2021, it is expected that President Trump will leave the White House and return to life as a private citizen without certain protections and a loss of presidential immunity. A number of currently pending lawsuits and an investigation await the president after his departure from the office. For instance, New York City is specifically targeting President Trump and his business dealings with a criminal investigation led by Manhattan District Attorney Cyrus Vance.

On Lawyer 2 Lawyer, host Craig Williams is joined by attorney David S. Weinstein, partner with the firm Hinshaw & Culbertson LLP to discuss the potential litigation that could follow President Trump after he leaves office. We will take a look at his current "immunity from prosecution" as president, the loss of presidential immunity, and what may be to come for private citizen Trump.

Special thanks to our sponsors, Blue J Legal and LEX Reception.

The 2020 Election: Voter Suppression, Mail-in Ballots, and a Potential Legal Fight Oct 30, 2020

Show notes

As we approach Election Day on November 3rd, 2020, it seems the list of issues grows by the day. Controversy over ballot drop boxes. Intimidating emails to voters from Iran and Russia. A call for an "army of poll watchers" from the president. And so much may hinge on the Supreme Court.

So, what impact will these issues have on the election? On Lawyer 2 Lawyer, host Craig Williams is joined by professor Joshua A. Douglas from the University of Kentucky College of Law as they explore a variety of legal issues leading up to the election including voter suppression, voter intimidation, controversy over mail-in ballots, and the potential legal fight awaiting us after the election.

Special thanks to our sponsors, Blue J Legal and LEX Reception.