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    Education

    Stanford Legal

    Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that
    affect us all every day.

    Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects LGBT individuals against discrimination in employment. She has argued before the Court ten times.

    And Rich Ford’s teaching and writing look at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear.

    Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks.
    To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.

    Advertise

    Copyright: © All rights reserved

    • Apple Podcasts
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    • Spotify

    Latest Episodes:
    Representing Clients at the Supreme Court Apr 11, 2024
    Show notes

    Stanford Law Professor Easha Anand, along with Gareth Fowler, JD '24, share impactful stories from their work with the Stanford Supreme Court Clinic.

    ---

    Professor Easha Anand, co-director of the Stanford Law School Supreme Court Litigation Clinic, joins Professors Pam Karlan and Richard Thompson Ford, along with Gareth Fowler, JD '24, for a discussion about three cases that she argued before the Court this term, the people behind the case titles, and what it takes to represent them at the highest court in the land.

    Connect:

    • Episode Transcripts >>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Easha Anand >>> Stanford Law School Page

    (00:00:00) Chapter 1: Introduction and Setting the Stage

    • Easha Anand shares the story of Mr. Ciavarini and the impact of the Stanford Supreme Court Clinic on restoring his reputation. Hosts Rich Ford and Pam Karlan introduce the episode and guests Professor Easha Anand and Gareth Fowler, discussing their work with the Stanford Supreme Court Litigation Clinic.

    (00:01:52) Chapter 2: Joining the Clinic and the Clinic's Unique Approach

    • Gareth Fowler describes his experience joining the Stanford Supreme Court Litigation Clinic and the process of working on cases as a student. Easha Anand explains the distinctive features of the clinic's model, emphasizing the significant role of students in producing legal work.

    (00:05:38) Chapter 3: Working on Cases and the Sarbanes-Oxley Case

    • Gareth Fowler discusses the specific cases he worked on during his time at the clinic, including Mendez-Colleen and United States v. Jackson. Easha Anand recounts her experience arguing the case of Murray v. UBS before the Supreme Court and the significance of the outcome for whistleblower protection.

    (00:15:52) Chapter 4: Insights from Oral Arguments

    • Easha Anand reflects on the differences between arguing cases at lower courts versus the Supreme Court, emphasizing the unique challenges and opportunities of Supreme Court advocacy.

    (00:18:16) Chapter 5: Clinic's Trip to D.C.

    • Gareth Fowler shares his experience attending Supreme Court oral arguments in Washington, D.C., providing insights into the courtroom dynamics and the significance of the proceedings.

    (00:20:27) Chapter 6: Preparing for Future Cases and Impactful Moments

    • Easha Anand discusses the upcoming case of Chiavarini and the journey of preparing for oral arguments, highlighting the client's story and the clinic's commitment to justice. Pam Karlan and Easha Anand reflect on the profound impact of their work with clients and the meaningful experiences shared during their collaboration with the Stanford Supreme Court Clinic.

    [00:24:23] Chapter 7: Audience Question and Answer


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    "Beware Euphoria: Unraveling America's Drug War" Mar 28, 2024
    Show notes

    Dive into the complex history of America's drug war with George Fisher, former Massachusetts Attorney General and acclaimed scholar of criminal law.

    ---

    In his latest book, "Beware Euphoria," Fisher explores the moral and racial dimensions of drug prohibition, challenging conventional narratives. Join the conversation on Stanford Legal as Fisher discusses the impact of racial justice movements on drug policy, including the legalization of cannabis, offering profound insights into a contentious issue shaping legal and social discourse.

    Connect:

    • Episode Transcripts >>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • George Fisher >>> Stanford Law School Page
    • Beware Euphoria: The Moral Roots and Racial Myths of America's War on Drugs

    (00:00:00) Chapter 1: The Origins of Drug Prohibition

    • Podcast guest, George Fisher, traces the history of drug prohibition, highlighting the departure of cannabis use from medical preservation. He also discusses the 19th-century roots of drug prohibition, particularly the moral concerns driving the anti-drug laws.

    (00:11:42) Chapter 2: Racial Narratives and Mass Incarceration

    • Rich Ford discusses the common narrative linking mass incarceration to the war on drugs and its alleged racial motivations. Fisher challenges this narrative, arguing that early drug laws were about protecting whites' moral purity rather than targeting people of color. The conversation explores the racial dynamics of early drug laws, emphasizing the racism of indifference rather than explicit targeting.

    (00:20:20) Chapter 3: Moral Valence of Mind-Altering Drugs

    • Fisher delves into the historical moral perceptions of mind-altering drugs, tracing back to Early Christian notions of reason and morality.He explains why certain drugs, like opium and later marijuana, were seen as threats to moral character, while alcohol was treated differently due to its varied uses.

    (00:26:15) Chapter 4: Legalization of Marijuana and Racial Justice

    • The conversation shifts to the legalization of marijuana, highlighting its historical bans and recent movements towards legalization. Concerns about the increasing potency of marijuana and its potential backlash are explored, suggesting a need for careful regulation and messaging.

    (00:30:19) Conclusion: Closing Remarks

    • Rich Ford wraps up the conversation with George Fisher discussing insights and emphasizing the importance of discussing the ongoing struggle with drugs and intoxicants.

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    Bill Gould on Dartmouth Basketball and the Changing Game of Unions and College Athletics Mar 14, 2024
    Show notes

    From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, Pam Karlan along with guest labor law expert and former NLRB chair William Gould IV discuss the complex issues shaping the law and the future of collegiate sports.

    ---

    Pam Karlan and labor law expert and former NLRB chair William Gould IV explore the quickly changing arena of college athletics including the push for student-athlete unionization, the debate over compensation, and other issues at the intersection of sports and academia. From the Dartmouth College men's basketball team's union election to the broader challenges facing university athletics, they discuss the complex issues shaping the law and the future of collegiate sports.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • William Gould IV >>> Stanford Law School Page
    • Recent Q&A with Gould >>> Stanford's Bill Gould on the Dartmouth College Basketball Union Vote

    (00:00:00) Chapter 1: Introduction to the Intersection of Sports and Labor Law

    • Pam Karlan introduces the topic of sports law and labor law, highlighting the recent developments in the field and the significance of the intersection between the two areas. Bill and Pam look at an overview of the Dartmouth College men's basketball team unionization case and its implications for the traditional understanding of student-athlete status.

    (00:02:03) Chapter 2: The Evolving Definition of Student-Athlete

    • William B. Gould IV delves into the historical context of the student-athlete designation, tracing its origins and evolution over time. He discusses the complexities of defining student-athletes within the framework of labor law and examines the factors that have contributed to the recent challenges to this classification.

    (00:06:49) Chapter 3: Labor Law Considerations in Collegiate Athletics

    • Gould explores the key principles of labor law as they apply to collegiate athletics, emphasizing the factors that determine employee status and the obligations of universities as employers. The chapter addresses issues such as control over athletes, compensation, and the role of collective bargaining in shaping the future of collegiate sports.

    (00:10:00) Chapter 4: Implications for Intercollegiate Sports

    • Karlan and Gould discuss the broader implications of the Dartmouth case and similar unionization efforts for intercollegiate sports as a whole. They examine the challenges posed by conference realignment, Title IX considerations, and the evolving landscape of athlete compensation, including name, image, and likeness rights.

    (00:14:23) Chapter 5: Legal and Policy Perspectives

    • The conversation shifts to a discussion of the legal and policy considerations surrounding student-athlete rights and the role of the courts in shaping future outcomes. Gould offers insights into the potential impact of Supreme Court decisions and judicial attitudes towards higher education institutions and their treatment of athletes.

    (00:21:08) Chapter 6: Looking Ahead

    • In the final chapter, Karlan and Gould reflect on the future of collegiate athletics in light of ongoing legal battles and shifting societal norms. They explore potential scenarios for reform and address lingering questions about the balance between academic and athletic pursuits, the role of unions in protecting athlete rights, and the broader implications for labor relations in the sports industry.

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US Feb 29, 2024
    Show notes

    When does life begin? In this episode of Stanford Legal, co-hosts Rich Ford and Pam Karlan dig into the recent decision by the Alabama Supreme Court that has sent shockwaves through the fertility treatment community. The ruling, which considers frozen embryos as children under state law, has wide-ranging implications for in vitro fertilization (IVF) practices. Bioethics and law expert Hank Greely joins the discussion, providing insights into the background of the case, its legal implications, and the potential ramifications for IVF clinics and patients in Alabama—and throughout the country. The conversation highlights the intersection of law, medicine, and ethics, revealing the complex challenges surrounding embryo rights and reproductive freedoms.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Hank Greely >>> Stanford Law School Page | Twitter/X

    (00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

    • Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

    (00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

    • Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

    (00:08:21) Chapter 3: Understanding Frozen Embryos

    • Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

    (00:14:05) Chapter 4: Legal and Ethical Concerns

    • Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

    (00:26:49) Chapter 5: Gender and Control Over Reproduction

    • Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

    (00:33:29) Chapter 6: Political Ramifications and Predictions

    • Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Tackling Mass Incarceration in the US Feb 15, 2024
    Show notes

    Stanford’s Michael Romano on mass incarceration and reforming California’s Three Strikes law

    ---

    Why does the U.S. have the highest incarceration rate in the industrialized world, with individuals, communities, and taxpayers paying a steep price for lengthy prison terms for even nonviolent offenders? Michael Romano, a criminal justice lawyer who founded and directs the Three Strikes Project at Stanford Law School, the first law school program of its type in the country focused on securing reduced sentences for incarcerated people deemed to be serving disproportionate sentences, has spent his career on this uniquely American challenge. As the project’s director for the past 16 years, Mike has worked with Stanford Law students to win the release of more than 200 Californians imprisoned under the state’s Three Strikes law.

    Along with helping hundreds of people sentenced to life in prison for minor/nonviolent crimes, the Three Strikes team also worked to change California’s Three Strikes Law. In 2012 they celebrated passage of the Three Strikes Reform Act, a landmark legislative effort led from start to finish by Stanford Law students and project staff members in partnership with the NAACP Legal Defense Fund.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X
    • Michael Romano >>> Twitter/X

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    The Constitution, Trump, and the Struggles of US Courts to Interpret History with Jack Rakove Feb 01, 2024
    Show notes

    Pulitzer Prize winning historian Jack Rakove discusses the U.S. Constitution, originalism, charges against former president Donald Trump, and the role of historians in constitutional litigation.

    ---

    Important questions regarding Trump: can he be prosecuted for criminal wrongdoing when he was serving as president, whether the two impeachment trials matter, and if Colorado’s decision to disqualify him from the state’s primary ballots is constitutional. Pulitzer Prize winning historian Jack Rakove joins Pam and Rich for a discussion on the U.S. Constitution, originalism, charges against former president Donald Trump, and the role of historians in constitutional litigation.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Jack Rakove >>> Stanford University Page

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Droughts, Failing Infrastructure, and Water Jan 18, 2024
    Show notes

    How Business and Government Can Partner to Solve the Freshwater Crisis.

    ---

    Drinkable water is a precious commodity. But as population growth, aging infrastructure, drought, and climate change pose challenges to freshwater quality and quantity in America, the safety and amount of water in parts of the U.S. is in question. With more than 140,000 separate public water systems in the country, how can federal, state, and local governments, along with the various water authorities, take on this challenge alone? In this episode we hear from global water and natural resources expert Barton “Buzz” Thompson, about this new book Liquid Asset: How Business and Government Can Partner to Solve the Freshwater Crisis —and his recommendations for how to solve the freshwater crisis in the U.S.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Pam Karlan >>> Stanford Law School Page
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Links:

    • Buzz Thompson>>> Stanford Law School Page
    • Liquid Assets: How Business and Government Can Partner to Solve the Freshwater Crisis.
    • Paul Milgrom & Auction Theory

    Chapter Timestamps:

    (00:00:00) Introduction & Water's Scarcity

    Hosts Rich Ford and Pam Karlan introduce guest, Buzz Thompson, an expert in water law and author of Liquid Assets

    (00:01:18) Water Challenges Today

    The scarcity of fresh water globally, and the multiple crises facing water resources: uneven distribution, climate change and the depletion of groundwater resources.

    (00:04:30) Water Infrastructure

    What is water infrastructure in the United States, the current state of it, and the repairs and upgrades required and being undertaken.

    (00:07:14) Updating Infrastructure & 21st-Century Technology

    Examples of modern wastewater treatment methods, advocating for resource recovery centers and outlining their potential benefits by adopting 21st century technology.

    (00:09:08) Fragmented Water Systems

    The complexity of water systems, & the challenges created by small water systems

    (00:12:00) Water Rights & Legal Structures

    The current legal structure of water rights in the USA,and defining the goals of both protecting water as a public resource, and a private commodity.

    (00:16:25) Private Sector's Role & Future Solutions

    Buzz discusses water markets internationally, and the private sector's role in innovation, technology, and financing to bridge the gap in water management.

    (00:18:59) Challenges with Outdated Water Rights

    Rich & Buzz discuss the challenges created by the current water rights model, and the necessity, possibilities, and challenges for legal reform.

    (00:21:18) Proposal for Tradeable Water Rights
    The concept of converting existing water rights into more easily transferable ones similar to real property, in order to eliminate the current challenges.

    (00:25:49) Changing a System of Water Rights

    Australia's successful reform in the Murray-Darling Basin, where water rights were revamped for better tradeability and how they safeguarded the environment.

    (00:27:31) Conclusion


    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Does Inequity in U.S. Patent Inventorship Matter? A Discussion on Inequality in the Patent System and how it Impacts Innovation Jan 04, 2024
    Show notes

    Women and minorities continue to be underrepresented in patent issuing and less often are granted credit for their innovations. We examine why this is, the impacts it has, and what can be done about it.

    ---

    Patents, and the protection of inventor rights, was deemed important enough that when the U.S. Constitution was ratified in 1788 it included what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads “[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Our guest in this episode is Lisa Larrimore Ouellette, whose latest research looks at inequality in the patent system and how that impacts innovation. Her paper “Improving Equity in Patent Inventorship” was recently published in Science.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X
    • Lisa Ouellette >>> Twitter/X

    Chapters:

    (00:00:00) Introduction and Patent System Overview
    The significance of patents and their historical context. Intro of guest Lisa Ouellette’s research on inequity in the patent system

    (00:01:47) Understanding Patents and their Benefits

    The purpose of patents, their duration, and their impact on inventors' rights. Discussion on how patents apply across various industries like pharmaceuticals, software, and AI.

    (00:04:10) Inequities in the Patent System

    Disparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.

    (00:07:15) The Innovator-Inventor Gap

    Exploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.

    (00:11:15) Impact of Patent Recognition

    The significance of being listed as a patent inventor: impact on career, earnings, and professional reputation.

    (00:13:33) Innovation Type with Diverse Inventorship

    Insights into the potential shift in innovation focus due to diversity within inventor teams.

    (00:14:54) Addressing Inequity: Policy Reforms

    Challenges faced by underrepresented groups in persisting through the patent application process, suggestions for change and the impact of real-world programs to address these challenges

    (00:18:37) AI's Influence and Challenges

    Speculations on AI's impact on patent accessibility and equity. Challenges and potential exacerbation of disparities due to AI-generated patent claims.

    (00:21:11) Conclusion


    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Texas Abortion Restrictions, Medicated Abortions, and Reproduction Rights in a Post-Roe US Dec 21, 2023
    Show notes

    Stanford’s Pam Karlan discusses reproductive rights after the overturning of Roe v. Wade

    ---

    In June, 2022 the U.S. Supreme Court delivered an historic and far reaching decision overturning Roe v. Wade and turning abortion law to the states. Less than two years on, we are seeing just how that decision is playing out as women navigate a divided country with a patchwork of reproductive rights. The recent example of Kate Cox, a Dallas-area mother of two who sought to have a medical exemption from Texas’ strict abortion laws and was forced to leave the state to receive the care she needed when her request was denied, brought the consequences of the Court’s decision to the headlines. In this episode we hear from the show’s co-host Pam Karlan, an expert in reproductive law, about the Texas case and reproductive rights in the US after Roe was overturned.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X

    Chapters:

    (00:00:00) Introduction

    Rich Ford introduces the episode and highlights the significant changes in abortion laws over recent years.

    (00:01:08) Current Legal Context

    Pam Karlan provides an overview of the legal landscape since the Dobbs case decision and summarizes the changes and confusion it has led to.

    (00:05:00) Texas Abortion Controversy: Kate Cox Case

    Focus on the case of Kate Cox, a woman in Texas seeking abortion due to fetal health complications. Analysis of the legal, political, and ethical implications of the verdict.

    (00:10:02) Impact of Returning Abortion Laws to States

    The misconception that returning abortion decisions to states would reduce controversy. Analysis of attempts to to restrict travel for abortion services.

    (00:12:20) Legal Ramifications and Political Scenarios

    Discussion on potential legal consequences for aiding abortion travel and comparisons with state laws regarding child-related travel. Contemplation of federal abortion bans utilizing the Commerce Clause and the potential scenarios for imposing such bans.

    (00:14:48) Medical Abortions and Legal Challenges

    Insights into the rise of medical abortions and the controversy surrounding the approval and distribution of drugs, and subsequent legal battles.

    (00:20:20) State Politics, Abortion Laws & State Referendum Dynamics

    Exploration of the shifting dynamics in state politics, including red states' stances on protecting abortion rights, and measures in California & Ohio.

    (00:22:56) Shifting Political Narratives

    Discussion on the evolving focus of the abortion debate, and examination of how abortion politics are playing out in national and state elections, influencing political strategies.

    (00:24:59) Federal Legislation Prospects and Responsive Activism

    The potential for federal legislation protecting or banning abortion rights & insights into citizen activism both aiding and impeding abortion access.

    (00:28:18) Abortion in Unlikely Arenas

    Examples showcasing how abortion politics infiltrate seemingly unrelated areas, affecting military promotions and governmental functionality.


    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


    Mass Shootings and Guns: Examining the Court’s Interpretation of the Right to Bear Arms and the Consequences of Gun Laws in the US Dec 07, 2023
    Show notes

    John Donohue on recent 2nd Amendment Supreme Court cases and the evolution of gun laws in the U.S.

    ---

    In this episode, Pam Karlan and Rich Ford explore recent 2nd Amendment Supreme Court cases, the evolution of gun laws, and the implications of increased gun accessibility in the U.S. Joined by John Donohue, an empirical researcher who is an expert on firearms and the law, they discuss the proliferation of guns and automatic weapons, which make the US an outlier among Western countries for its mass killings, and the ways in which gun laws have made the U.S. more deadly—including for law enforcement.

    Connect:

    • Episode Transcripts>>> Stanford Legal Podcast Website
    • Stanford Legal Podcast >>> LinkedIn Page
    • Rich Ford >>> Twitter/X
    • Stanford Law School >>> Twitter/X
    • Stanford Law Magazine >>> Twitter/X
    • John Donahue >>> Twitter/X

    Chapters:

    (00:00:00) Introduction
    Pam Karlan introduces the episode, highlighting the recent surge in mass shootings in the US, and introduces this week’s guest, John Donahue, one of the nation’s leading experts on firearms and the law.

    (00:01:16) Proliferation & Access to Assault Weapons in America
    The impact of the termination of the federal assault weapon ban in 2004 on mass shootings and a comparison to other nations restrictions on these weapons.

    (00:05:07) Supreme Court and the Rahimi Case
    Analyzing the Rahimi case and its implications regarding the possession of weapons under restraining orders and the Supreme Court's evolving stance on gun rights.

    (00:06:37) The Gun Lobby & the Republican Party
    Exploring the relationship between the gun lobby, manufacturers, and republicans and the effects this evolving relationship has had since the mid nineties.

    (00:13:10) Constitutional Shifts
    The transformation in Second Amendment interpretations from the 1930s to the recent Bruen case, exploring the Supreme Court's methodology and its implications for gun regulations and the Rahimi decision before them now.

    (00:15:40) Frozen Interpretations
    The historical context of the Second Amendment, the oddity of freezing it, and how the current context challenges the applicability of historical Second Amendment interpretations.

    (00:19:05) Broader Implications
    The broader spectrum of issues stemming from the proliferation of access to firearms and the growing lethality of weaponry, including rising firearm-related suicides and homicides.

    (00:24:05) Bruen & Gun Laws
    The effect of the Bruen case on laws like restraining immediate access to weapons, and safe storage laws

    (00:26:08) Law Enforcement & Gun Proliferation
    John explains how the proliferation and of firearms has affected the polices ability to clear violent crimes, and increases police involved shootings

    (00:28:31) Conclusion


    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.


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