UnCommon Law

Latest Episodes:

Affirmative Action Is Back at the Supreme Court [Trailer] Oct 17, 2022

Show notes

A pair of lawsuits has made its way to the Supreme Court — and just who gets into which college could change dramatically. This season on UnCommon Law, we’ll explore the arguments — and the people — driving this latest battle over affirmative action. Does the Fourteenth Amendment’s Equal Protection Clause prohibit all discrimination based on race? Can the Constitution be used to remedy society’s ills? Coming October 25th, part one of a three-part series on affirmative action, from Bloomberg Industry Group.

For more: https://news.bloomberglaw.com/podcasts/uncommon-law

Big Law Gender Gap: Re-imagining the Legal Workforce [Bonus Episode] Sep 21, 2022

Show notes

Law firms have a gender equity problem. Data has shown that women struggle to reach the upper levels of the profession, and that those who do had to work harder than their male counterparts. For example, two thirds of female attorneys say they've been perceived as less committed to their careers, compared with just two percent of male attorneys, according to a 2019 ABA survey.

The reasons why aren't a mystery: the pay gap, the "motherhood penalty," legacy origination, a dearth of male mentors, and sexism, to name a few.

But what are the solutions? If the ideal, female-friendly law firm could be created from scratch, with an infinite amount of start-up capital, how would it be done? We posed that question to nearly a dozen people in the legal industry, including diversity consultants, law firm partners, ex-partners, associates, and women who were on track to make partner but felt they were forced to leave. In this podcast, they tell us what they'd prioritize and some of the challenges that can't be fixed with money.

Do you have an idea of how to create a women-friendly law firm? Share your thoughts with us by clicking here.

Why the Supreme Court's Gun Decision Matters So Much [Bonus Episode] Jun 24, 2022

Show notes

In a landmark 2nd Amendment decision on Thursday, the Supreme Court struck down New York's gun licensing law. It's a decision that transforms where and when a gun can be carried. And, for the first time, the Court recognized a constitutional right to carry a gun outside of the home, in public. If you know this is a big deal, but you're not sure why, or you just want a refresher on how we go here, we've got you covered.

Today we're releasing an episode of our Cases & Controversies podcast for our [Un]Common Law listeners. This episode was originally released in November, just after oral arguments in the case. Bloomberg Law's Kimberly Robinson and Jordan Rubin explain what it's all about and why it is a "landmark decision."

And, for the latest on this case and the Supreme Court go to news.bloomberglaw.com.

2. Beyond NIL: Will College Sports Become a Free Market? Apr 19, 2022

Show notes

The new era of name, image, and likeness in college sports has seen rapid change. For instance, initially athletes were signing deals directly with brands and companies. Now, so-called “NIL collectives” are amassing multi-million-dollar funds to attract star recruits. Critics say these funds are being used as back-door recruiting inducements which violate the NCAA’s interim NIL policy.

Many college coaches and administrators have complained that the interim policy is vague and unenforceable. But that may be just the beginning thanks to several new cases progressing in both federal court and at the National Labor Relations Board. Either could potentially alter the landscape even further—making college sports a completely free market or redefining some college teams as employees of the schools they play for.

In the final episode of our two-part series on NIL in college sports we speak with:

Stewart Mandel, editor-in-chief of college football coverage at the Athletic.
Jeffery Kessler, co-executive chairman at Winston and Strawn, and co-lead counsel for the athletes in NCAA vs. Alston.
Ekow Yankah, professor of Law at Yeshiva University’s Cardozo School of Law and author of “Is NIL Destroying College Sports.”
Audrey Anderson, chair of the higher education practice group at Bass Berry & Sims.

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Host/Producer: Adam Allington

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

1. The NIL Era: Paying NCAA Athletes Is Changing Sports Apr 07, 2022

Show notes

College sports is closing out the first year of the name, image and likeness era for athletes.

Since July 1 2021, athletes have been free to earn money from marketing deals on their NIL rights, including through endorsements, appearances, modeling, and hosting camps. One UCLA basketball player even launched his own cryptocurrency. The right of publicity now belongs to collegiate athletes. This comes after decades of strictly enforced rules barring student athletes from receiving any compensation beyond the value of their scholarships.

NIL rights mark an inflection point in both college sports broadly, as well as the decades-long legal battle to allow athletes to share in the billion-dollar collegiate sports industry. But lingering questions remain. Even among those who say athletes deserve to earn money, some say the current NIL state laws and NCAA guidelines aren't working.

In this first episode of a two-part series, the [Un]Common Law podcast will examine the NIL landscape, some of the cases that led to this new era, the patchwork of state laws, and the legal and policy concerns going forward.

In this episode we speak with:

Kyle Jahner, a reporter covering trademark and intellectual property for Bloomberg Law.
Tim Nevious, a sports attorney who was part of the original legal team that brought the Alston vs. NCAA case.
David McGriff, an private practice attorney who specializes in setting up NIL deals.

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Host/Producer: Adam Allington

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

The End of an Era: Beveridge's Outgoing Chairman Ben Wilson on Leadership, Law and Life [Bonus Episode: Black Lawyers Speak] Dec 29, 2021

Show notes

On January 1, Ben Wilson will officially conclude his tenure as chairman of Beveridge & Diamond and retire from the firm.

As first reported by Bloomberg Law, Wilson, affectionately regarded as the dean of Black partners at major law firms, announced his retirement this fall after 45 years in legal practice, 35 of those years with the firm.

Wilson became chairman of the Washington, D.C.-based Beveridge & Diamond in 2017, 31 years after entering the firm as its first Black partner. But his impact stretches far beyond his firm. Over the years, the Harvard Law graduate has mentored generations of Black and other diverse law firm partners, general counsel and law students across the country, becoming known to many as a teacher, a coach and a friend.

In 2008, founded the Diverse Partners Network, which he’ll continue to lead after retirement, renamed as the Diverse Lawyers Network. He is also the founder of the African American Managing Partners Network, a tight-knit network of African American leaders of major law firms, and the African American General Counsel Network.

Lisa Helem, Bloomberg Law’s Executive Editor for Strategic Initiatives, spoke with Wilson about law firm leadership, his formative years growing up in Jackson, Mississippi, his work to improve diversity in the legal profession and his legacy.

We present that conversation here as a special episode of our award-winning “Black Lawyers Speak” series, hosted on UnCommon Law.

3. Why Can't We Have One Bar Exam for All Jurisdictions? Dec 02, 2021

Show notes

Some frustration with the bar exam comes not just because it’s a hard test. Differences in state licensing requirements can mean attorneys may have to take the bar exam multiple times.

In the final episode of [Un]Common Law’s three-part look at the bar exam, we ask why can't there be one bar exam for all U.S. jurisdictions? A national bar exam that eliminates the need for a patchwork of state tests? The answer turns in part on the test called the Uniform Bar Exam or UBE. Developed by the National Conference of Bar Examiners to solve the issue of portability, the UBE allows participant jurisdictions to accept exam scores from other participating jurisdictions. Still, some critics, such as the New York State Bar Association, have taken aim at the UBE for being “too universal,” and now recommend that their state withdraw.

In this episode we speak with:

Alex Su, head of community development at IronClad.
Alan Scheinkman, retired judge who was appointed chair of a special task force of the New York State Bar Association
Richard Maltby, a Florida-based attorney for Sandberg Phoenix & von Gontard, P.C.
Natalie Rodriguez, associate professor of law at Southwestern Law School and member of California’s blue-ribbon commission on the future of the state bar exam.
Cynthia Martin, chief judge on the Missouri Court of Appeals for the Western District and former chair of the NCBE task force charged with recommending the “next generation” changes to the Uniform Bar Exam.

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Host/Producer: Adam Allington

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

2. Could a Law School Diploma Substitute for the Bar Exam? Nov 17, 2021

Show notes

In the wake of the Covid-19 pandemic, five U.S. jurisdictions opted to suspend their July 2020 bar exams. Instead, these jurisdictions granted licensure to new attorneys through "diploma privilege.” That's the practice of admitting new attorneys to the state bar, and allowing them to practice law, contingent on their graduation from an ABA-accredited law school only. It does not require taking and passing a bar exam. Wisconsin is currently the only state to permanently offer diploma privilege, and it is only available to graduates of its two in-state law schools, Marquette University Law School and University of Wisconsin Law School.

Critics of the bar exam have long argued that a timed test, based on short-term memorization of how to apply a vast amount legal rules, is not a true measure of legal competency. And now, with a string of remote testing snafus during the pandemic, many in the legal community are asking whether diploma privilege is a better option. Standing in the way of these fundamental changes are many state supreme courts and bar associations who have authority over who can practice law in their jurisdictions. Additionally, those opposed to diploma privilege argue that, whether it's accounting, medicine, or law, licensure exams are there for a good reason—to protect the public from incompetent practitioners.

In this second episode of our podcast series on the bar exam, [Un]Common Law will explore the arguments both for and against diploma privilege.

In this episode we speak with:

Sam Skolnik, Washington-based legal industry reporter for Bloomberg Law.
Efrain Hudnell, a 2020 graduate of the Seattle University School of Law, now an attorney with King County prosecuting attorney's office in Seattle.
Daniel Tokaji, Dean of the University of Wisconsin Law School.
David Wiggins, retired justice of the Iowa Supreme Court.
David Krutz, managing partner in the Milwaukee office of Michael Best and Friedrich.

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Host/Producer: Adam Allington

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

1. Is It Time to Kill the Bar Exam? Nov 10, 2021

Show notes

In all U.S. jurisdictions except Wisconsin, passing a bar exam is a requirement to obtain a license to practice law. However, the Covid-19 pandemic forced some state authorities to adopt alternative paths to licensure for recent law school graduates.

In the wake of those changes, criticism of the bar exam has blossomed into a movement to reform or eliminate the test altogether. These critics argue that the bar exam, “is an outmoded, discriminatory, and simply ineffective as a barometer of legal competence,” according to Bloomberg Law’s Sam Skolnik.

While defenders of the status-quo argue that the bar is still the best way to evaluate would-be attorneys on the fundamental legal concepts that every lawyer should know.

In this first of a three-part series on the bar exam, the [Un]Common Law podcast will look at the arguments for and against preserving the bar exam.

In this episode we speak with:

Alexis Ahlzadeh, recent graduate of Emory Law School, now an associate attorney with the Findling Law Firm based in Atlanta, GA.
Joe Patrice, a senior editor and writer at Above the Law.
Roger Schechter, professor of law at George Washington University Law School.
Johanna Miller, director of the Education Policy Center at the ACLU of New York.

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Host/Producer: Adam Allington

Editor/Executive Producer: Josh Block

Cover Art: Jonathan Hurtarte

5. Whistleblower Says Facebook Knowingly Profits From Hate Speech [UnChecked: Bonus Episode] Oct 05, 2021

Show notes

Frances Haugen, the whistleblower whose revelations have prompted a congressional investigation into Facebook revealed herself publicly in an interview that aired on CBS on Sunday night. Haugen is the source of thousands of internal company documents that were leaked to U.S. lawmakers and the Wall Street Journal.

A data scientist, Haugen was hired by Facebook in June of 2019 to lead the company’s civic integrity team, which was charged with cracking down on hate speech and misinformation. In practice however, she said that the company chose to downplay or ignore its own evidence detailing the rampant spread of misinformation on its platforms, as well as harms to children and teens. Haugen's lawyers have filed at least eight complaints with the Securities and Exchange Commission, should the agency choose to bring charges against Facebook for withholding information and misleading investors.

The public outcry over Facebook is not new. The social media giant has been on the receiving end of media exposes and Congressional inquiries for years. Last July, [Un]Common Law released a podcast series, called “Unchecked” looking into the legal and regulatory framework for social media, as well as changes to laws that could be implemented.

In this special episode of [Un]Common Law, Naomi Nix, a Washington, DC based reporter for Bloomberg News talks about the latest revelations.