Wagner and Winick On the Law

On The Law 01/18/18 Jan 18, 2018

Wagner and Winick On the Law 01/11/18 Jan 11, 2018

California Legalizes Marijuana: New Laws and Regulations Jan 04, 2018

January 1, 2018 will be a historic day in the world of cannabis. As of the first day of January 2018, California opens the world’s largest legal marijuana market. Understandably, the laws and regulations are beginning to roll-out . . . although with some significant growing pains. Although California has had a large medical marijuana industry for more than 20 years, the new laws will mean huge changes for a potential state-legal marketplace of an estimated $7-8 billion. How will the conflict of state vs. federal laws come into play? Tune in to this week's program to learn more about this historic legal transition.

Encore: On The Law 12/7/17 Dec 28, 2017

Encore: The Court of Public Opinion Dec 21, 2017

In the modern media age, are people judged differently in the court of public opinion than in an actual court? What standards do we expect reporters and publications to apply before they publicly allege charges against individuals? As readers and listeners, do we apply the same standards as if we were sitting on a jury? Listen in for a discussion of current news stories, including the allegations regarding Alabama Senate candidate Judge Roy Moore.

The Court of Public Opinion Dec 14, 2017

In the modern media age, are people judged differently in the court of public opinion than in an actual court? What standards do we expect reporters and publications to apply before they publicly allege charges against individuals? As readers and listeners, do we apply the same standards as if we were sitting on a jury? Listen in for a discussion of current news stories, including the allegations regarding Alabama Senate candidate Judge Roy Moore.

DUI Holiday Warnings Dec 07, 2017

Don't wreck your holiday season with a DUI - Driving Under the Influence. State Highway Patrol and local police are on special alert during the holiday season. Know the law and be safe.

'Tis The Season - Consumer Protection for Holiday Gift Buying Nov 30, 2017

The holiday season generates the highest retail sales volume of the year. What laws protect consumers from defective products or unscrupulous sales practices? Cohosts Mitchel Winick and Stephen Wagner discuss the rules and regulations that help keep the holidays happy for consumers.

Encore: Pardon Me! The Rules and Practices of Presidential Pardons Nov 23, 2017

The official pardoning of White House turkey(s) by the President of the US in recognition of Thanksgiving Day is a White House tradition that always receives media attention. It is thought that President Lincoln's 1863 clemency to a turkey was the origin for the pardoning ceremony, but there are other stories as well. The policy and rules surrounding Presidential pardons also were in the news this year with the controversial pardon of Arizona Sheriff Joe Arpaio. What are the rules for presidential pardons. Tune in to learn about this unique Constitutional provision on this week's episode of Wagner & Winick On the Law.

Pardon Me! The Rules and Practices of Presidential Pardons Nov 16, 2017

The official pardoning of White House turkey(s) by the President of the US in recognition of Thanksgiving Day is a White House tradition that always receives media attention. It is thought that President Lincoln's 1863 clemency to a turkey was the origin for the pardoning ceremony, but there are other stories as well. The policy and rules surrounding Presidential pardons also were in the news this year with the controversial pardon of Arizona Sheriff Joe Arpaio. What are the rules for presidential pardons. Tune in to learn about this unique Constitutional provision on this week's episode of Wagner & Winick On the Law.

Indictments, Assault Weapons, and Elections Make Legal Headlines Nov 09, 2017

Cohosts Mitchel Winick and Michael Cohen discuss the recent national legal news headlines. Federal indictments of presidential advisors, ongoing investigations of Russian interference with national elections, and yet another tragic mass shooting involving an assault weapon with no Congressional response other than silence. Questions of treason, First Amendment rights of internet advertising, Second Amendment rights to own assault weapons. So much to discuss!

Unsportsmanlike Conduct: Professional Sport Fines and Suspensions Oct 26, 2017

Cohosts Mitch Winick and Stephen Wagner discuss the rules and regulations of fining and suspending professional athletes. When do these cases play out in actual court cases vs. administrative proceedings? And . . . where does the money go from fines?

Sexual Harassment IS against the Law! Oct 19, 2017

Cohosts Mitchel Winick and Stephen Wagner discuss the civil and criminal laws that define sexual harassment and sexual assault. In the aftermath of recent news stories highlighting alleged high profile abuses, the hosts remind ALL listeners that there are laws in place to protect individuals from workplace harassment and non-workplace assault and to punish those who violate the laws.

Artificial Intelligence and the Law Oct 12, 2017

Join co-hosts Stephen Wagner and Michael Cohen for the monthly International Crossroads program featuring a discussion of Artificial Intelligence and its potential impact on the legal system as well as the legal profession. Stephen and Michael will take a look at how AI may impact tasks lawyers perform, how AI can add value to legal services, how AI might raise new questions of legal liability across hosts of human experiences that currently come before the courts, and how AI is currently and stands to continue to impact judicial processes themselves, including criminal sentencing.

Encore: Cannabis: The Looming State-Federal Conflict Oct 05, 2017

There is no question that there is a looming conflict brewing between State and Federal laws regulating the business and use of cannabis. How will this impact the anticipated billion-dollar cannabis business? How will conflicts federal and state law civil and criminal laws be resolved? What advancement has been made in the enforcement of DUI laws regarding impaired driving when cannabis. Co-hosts Mitchel Winick and Stephen Wagner welcome guest Chris Halsor from Understanding Legal Marijuana, LLC to discuss these and other cannabis-related legal issues.

Tackling the First Amendment: The NFL vs. Donald Trump Sep 28, 2017

Co-hosts Mitchel Winick and Stephen Wagner discuss the recent political football of the NFL vs. Donald Trump. The First Amendment protects speech and particularly political speech. How does this play out when NFL football players, team owners, and the President of the United States line up against each other?

Immigration, Sanctuary Cities, United Nations: So Much Legal News Sep 21, 2017

Too many legal stories to choose from, so we will touch base on the top legal issues of the week. Join co-hosts Mitchel Winick and Stephen Wagner in a discussion of the legal stories that are back in the news, including, DACA, Sanctuary Cities, and International Law.

Cannabis: The Looming State-Federal Conflict Sep 14, 2017

There is no question that there is a looming conflict brewing between State and Federal laws regulating the business and use of cannabis. How will this impact the anticipated billion-dollar cannabis business? How will conflicts federal and state law civil and criminal laws be resolved? What advancement has been made in the enforcement of DUI laws regarding impaired driving when cannabis. Co-hosts Mitchel Winick and Stephen Wagner welcome guest Chris Halsor from Understanding Legal Marijuana, LLC to discuss these and other cannabis-related legal issues.

Congress Gets Back to Work: So many laws, so little time! Sep 07, 2017

Rescinding the Deferred Action for Childhood Arrivals (DACA), Raising the Debt Ceiling, Funding Emergency Disaster Relief for Hurricane Harvey, Renewal of Federal Children's Health Insurance Program, Renewal of National Flood Insurance Program, Reauthorization of the Federal Aviation Authority . . . September is going to be a busy period for American lawmakers in Washington, D.C. Join the co-hosts to discuss the impact of these and other proposed and pending laws.

Storm Charities and Scams Aug 31, 2017

Space Law: The Trek into Space Commercialization Aug 24, 2017

The leading contender to be the new NASA chief administrator, Oklahoma Rep. Jim Bridenstine, is a strong proponent of commercial space ventures, including mining on the moon.There exist several examples of treaty and treaty-like agreements that have attempted to provide a framework for regulating the commercialization of space, or more accurately planets and celestial bodies. Examples include the Outer Space Treaty, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 1967, and the Moon Treaty of 1978. How and where will legal claims be settled when national, individual, and corporate legal issues arise on the Moon and celestial bodies? Trek into the topic of space law with co-hosts Mitchel Winick and Stephen Wagner.

Hate Crimes and Domestic Terrorism: Legal Definitions for Prosecution Aug 17, 2017

The government has historically used the term terrorism as a general description for a range of violent acts, including those by right-wing extremists, as well as environmental, anti-abortion and far-left groups. But the specific criminal charge is never domestic terrorism. The political debate appears to be shifting towards calling for far-right extremism to be identified as terrorism. But that's almost entirely a political discussion, not a legal one. The first amendment provides great latitude for hateful speech, but it does not protect hateful violence. Join co-hosts Mitchel Winick and Stephen Wagner to discuss the legal definitions that frame the distinctions between permitted speech and behavior and illegal speech and behavior.

Human Trafficking Awareness Aug 10, 2017

Human trafficking is an estimated $150 billion industry worldwide with nearly 21 million victims. Horrifyingly, one quarter of the victims are children. Law enforcement has stepped up efforts to crack down on this epidemic. Between 2010-12, California’s nine regional human trafficking task forces initiated 2,552 investigations and arrested 1,798 individuals. In California, the state Assembly — in a bipartisan fashion — has made human trafficking a major legislative focus. Legislative efforts have included measures to create a pilot program for vertical prosecution of human trafficking. Tune in to this week's program to hear California Assemblyman Jordan Cunningham join cohosts Stephen Wagner and Mitchel Winick discus legal efforts in California to combat this illegal industry.

Distinguishing between Legal and Political Issues Amidst the Chaos inside the Washington DC Beltway Aug 03, 2017

Cohosts Mitchel Winick, Stephen Wagner, and Michael Cohen discuss the distinction between political and legal issues amidst the legislative chaos and Presidential tweeting going on in Washington DC. Can legal policy be implemented by Tweet? What are the legal vs. political implications of being summoned to testify before a Congressional committee. These and other Beltway issues will be discussed, defined, and distinguished.

Police In the Schools: Is Special Training Necessary to Avoid the School to Prison Pipeline? Jul 27, 2017

There are more than 43,000 SROs or school-based police officers, and an additional 39,000 security guards, working in our country’s 84,000 public schools: Only 12 states have laws that specify training requirements for school security staff who are assigned or deployed to schools. Few of these staff have any training in education, child and adolescent psychology, cultural sensitivity and understanding, and student disabilities and mental health. Police academies spend 1% or less of their total training hours on juvenile justice issues. Most of the training in these areas are voluntary. Most of the security officers who work in schools come from community-based law enforcement backgrounds, their training, perspectives, and interactions relate more to criminals than to growing and maturing students.Should there be special training required for police officers who are assigned to schools?

The Laws and Liabilities of Autonomous Vehicles Jul 20, 2017

Cohosts Stephen Wagner and Mitchel Winick discuss the potential laws and liabilities that may come into play if fully autonomous vehicles become legal for regular operation on public roads. Will strict liability be imposed on manufacturers? Does operator liability remain in place? How will the data collected by a new generation of computerized automobiles be protected and/or accessable in criminal and civil cases?

2017 Supreme Court Update Jul 13, 2017

The final session of the 2017 June session of the US Supreme Court brought a host of new blockbuster decisions and also set the table for a number of cases that will be back before the Court in their next October Term. Join International Crossroads guest host, Constitutional Law Professor Michael Cohen and regular guest host Stephen Wagner to learn more about the Court's recent decisions. With the President's international travel schedule underway, Cohen will also provide an update on any new policy announcements delivered at the G20.

Criminal vs. Civil Lawsuits: Different Rules, Different Roles Jul 06, 2017

Join Cohosts Stephen Wagner and Mitchel Winick to learn about some of the critical differences between the rules that regulate criminal vs. civil trials. As a senior prosecutor, Wagner explains the effect of a new California ethics rule that expands the requirements for criminal prosecutors to dismiss cases that do not meet high standards of proof and affirmatively seek redress if presented evidence of a wrongful conviction. Under the new ethics rule, prosecutors are charged with serving as ministers of justice to see that justice is served. Wagner also explains the different responsibilities and roles that lawyers have in civil vs. criminal cases.

Seismic Changes in the World Order: US Withdraws from International Policy Leadership Jun 29, 2017

Join hosts Michael Cohen, Mitch Winick, and Stephen Wagner for this month’s International Crossroads segment of On the Law. In the backdrop of the United States withdrawal from the Trans-Pacific partnership and the President’s threatened termination of NAFTA in the Americas, Michael Cohen addresses the latest international trade legacy that the Trump Administration has left from the President’s recent trip to the European Union, and its aftermath, including how the new world order has changed seismically in just the first 200 days of the Trump Presidency, what is left of the U.S. historic trade leadership position, if anything, and what the world trade picture looks like now as well as how it may look in the future.

Encore: Blockchain Technology May Replace Banks and Stock Exchanges: Will the Law be Ready? Jun 22, 2017

Blockchain is a highly disruptive technology that promises to change the world as we know it. It is best known as the technology behind Bitcoin, but it has many more applications. It can be applied to electronic voting, stock markets, global contracting, patient health records, and digital media such as music and movies. How will International Law address the use (and possible abuse) of this complex global technology? Join International Crossroads host Michael Cohen in a conversation with co-hosts Mitchel Winick and Stephen Wagner about the future of global trade, banking, and finance in a new digital world.

Court Grounds FAA Drone Regulations for Non-Commercial Use Jun 15, 2017

A US Federal Appeals Court recently struck down a Federal Aviation Administration rule that required owners of drones used for recreation to register their craft. The ruling was a victory for hobbyists and a setback for the FAA that has tried to tighten regulation of the fast-growing army of personal/non-commercial drone operators. Who will protect the commercial airways? Are drones potentially dangerous or is this government overreach? Listen to today's program for an update on the law and a discussion of potential risks and liabilities for drone operators.

Opioid Abuse: Legal and Illegal Problems Jun 08, 2017

The abuse and over-prescription of opioids has received well deserved national attention lately. In this episode of WAW, hosts Stephen Wagner and Mitchel Winick will discuss the impact of widespread abuse of opioid (so-called pain killers) use stemming from both legal and illegal outlets. What laws govern? What are the residual effects?

Credit Card Hackers Strike Again: Are Consumers Protected? Jun 01, 2017

In 2016, hacked credit card fraud exceeded $4 billion, a record level. Beyond the $4 billion in fraud reported last year year, there will be as much as $10 billion in fraud committed between now and 2020 as the window of opportunity narrows for hackers to cash in on stolen credit card data from magnetic strip cards. What are your rights as a consumer if this happens to you? Are companies liable for your losses? In this week's program, co-hosts Mitchel Winick and Stephen Wagner answer these and other legal questions related to consumer rights and hackers wrongs.

Blockchain Technology May Replace Banks and Stock Exchanges: Will the Law be Ready? May 25, 2017

Blockchain is a highly disruptive technology that promises to change the world as we know it. It is best known as the technology behind Bitcoin, but it has many more applications. It can be applied to electronic voting, stock markets, global contracting, patient health records, and digital media such as music and movies. How will International Law address the use (and possible abuse) of this complex global technology? Join International Crossroads host Michael Cohen in a conversation with co-hosts Mitchel Winick and Stephen Wagner about the future of global trade, banking, and finance in a new digital world.

Presidential Powers, Obstruction of Justice, and Intelligence Disclosures May 18, 2017

The recent news coverage surrounding President Trump's firing of FBI Director James Comey and the President's release of top secret intelligence information to Russian diplomats have raised questions related to the definition of obstruction of justice and the limits of Presidential legal authority. The co-hosts will discuss the legal definitions, policies, and laws involved in these controversial and complicated legal issues.

Agriculture Law in the Headlines: Water Safety, School Lunches, GMO's, Medical Marijuana and more! May 11, 2017

The Trump Administration heralded the confirmation of new Agriculture Secretary Sonny Perdue with an Executive Order promoting agriculture and rural America. Combined with Executive Orders impacting farm trade, medical marijuana, and immigrant labor, the new administration has placed agriculture law at the top of the headlines. Join the co-hosts to discuss many of these issues that will be affecting critical food sources and the sustainability of American farming and ranching.

The 14th Amendment: In the News Again! May 04, 2017

This Year's Law Day is celebrating the upcoming 150th anniversary of the 14th Amendment to the US Constitution. The Fourteenth Amendment is one of the most litigated parts of the Constitution. It is the basis for landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. In current issues such as immigration law, sanctuary cities, and personal privacy rights, the 14th Amendment provides due process and privacy protections that are being challenged in courts. In fact, the US Supreme Court heard a 14th Amendment case just this past month. Join the co-hosts to review the 14th Amendment as it continues to define and protect many of the fundamental US Constitutional rights.

US International Trade in the Trump Administration Era Apr 27, 2017

Will the sudden withdrawal of the United States from its longstanding role in the international trade arena stand to cede a new economic world order, leaving America in the rear view? Join International Crossroads host Michael Cohen in a second conversation with hosts Mitch Winick and Stephen Wagner discussing this question.

Medical Care and Public Policy: Why It Affects All of US Apr 20, 2017

Co-hosts Mitchel Winick and Stephen Wagner are joined by Dr. David Awerbuck of the Monterey Peninsula Surgery Center. With heath care policy and health care insurance on the front page of the news and back in front of the US Congress - what are some of the key health care policy issues that will affect us? What is the effect of national health care policy on the standard of care that we receive locally? What role do doctors play in this important discussion? Join the co-hosts and Dr. David Awerbuck for their discussion about where policy and law intersect with medical care and public health.

And Now there Are Nine! Neil Gorsuch Sworn in as Associate Justice of the US Supreme Court Apr 13, 2017

Neil Gorsuch's confirmation ends the longest Supreme Court vacancy since 1862 during the American Civil War, with the court down a justice for almost 14 months since conservative Justice Antonin Scalia died on Feb. 13, 2016. President Trump issued a statement that said, Judge Gorsuch's confirmation process was one of the most transparent and accessible in history, and his judicial temperament, exceptional intellect, unparalleled integrity and record of independence makes him the perfect choice to serve on the nation's highest court. However, to confirm Gorsuch, Senate Republicans resorted to extraordinary steps to overcome Democratic opposition, including passing new Senate rules that changed the number of votes necessary to confirm a nominee to 51 from 60. Join the hosts to discuss the contentious process that surrounded the recent Supreme Court vacancy and the possible cases and issues that will be coming before the new 9-member Court.

Pay Your Taxes or Pay the Penalties! Apr 06, 2017

Everyone at some point in their tax-paying lives has been tempted to skip the whole ordeal. What would happen if you didn’t file your taxes this year? Is the IRS really going to come after you? Going to prison for tax fraud, which is how the IRS classifies not-filing, is rare. However, if you owe the government money, you'll eventually have to pay, plus significant interest and fines. If you owe money and don't file, the IRS charges a penalty of up to 25 percent of what you owe, and it can charge an additional 25 percent for failing to pay your bill on time. A 75 percent penalty is reserved for egregiously fraudulent returns! There’s also interest to be paid, currently compounding at 3 percent per year. Listen to this week's program to learn more about the process of filing and paying your taxes and a discussion of (in)famous tax cheats.

The Rights -or Wrong- of Sanctuary Cities Mar 30, 2017

Can the federal government withhold funding to Sanctuary jurisdictions, including cities, counties, and states? The 10th Amendment to the US Constitution reserves powers not delegated to the federal government to the states. The Supreme Court has interpreted the 10th Amendment to contain an anti-commandeering requirement where states and local governments cannot be required “to enact or administer a federal regulatory program.” The Supreme Court also has held that under the Spending Clause, conditions Congress places on grants must be “germane” or “related to” the federal interest in the grant program. However, President Trump's Executive Order states that sanctuary cities are “not eligible to receive federal grants. How will the domestic battleground over immigration policies play out? Tune in to hear the hosts discuss both sides of the controversial issue of Sanctuary juristictions.

US Trade Policy Mar 23, 2017

Join co-hosts Mitchel Winick, Stephen Wagner, and regular guest co-host Michael Cohen for an edition of International Crossroads. The group will discuss the recent release of the Trump administration's 2017 US Trade Policy Agenda. The policy opens by saying, The American people grew frustrated with our prior trade policy not because they have ceased to believe in free trade and open markets, but because they did not all see clear benefits from international trade agreements. Every action we take with respect to trade will be designed to increase our economic growth, promote job creation in the US, promote reciprocity with our trading partners, strengthen our manufacturing base and our ability to defend ourselves, and expand our agricultural and services industry exports. Michael Cohen, an experienced international attorney with clients located across the globe, will discuss the international business community's reaction to these and other Trump administration trade policies.

Is Gambling and Betting Legal in every State? Don't Bet on It! Mar 16, 2017

Are informal office pools and score picking squares legal? Are these activities covered under state and federal gambling laws? How about Internet gambling - is it legal in every state? What if I am gambling and betting on-line through a website that is located in a foreign country . . . is that legal? Don't bet on it! Join this week's program to hear these and other questions answered.

What is the Secret Federal -FISA- Court and How Does it Protect Us? Mar 09, 2017

The Foreign Intelligence Surveillance Court was established by Congress in 1978. The Court rules on the applications made by the United States Government for approval of electronic surveillance, physical search, and certain other forms of investigative actions for foreign intelligence purposes. The Court sits in Washington D.C., and is composed of eleven federal district court judges who are designated by the Chief Justice of the United States. Each judge serves for a maximum of seven years and their terms are staggered to ensure continuity on the Court. By statute, the judges must be drawn from at least seven of the United States judicial circuits, and three of the judges must reside within 20 miles of the District of Columbia. Judges typically sit for one week at a time, on a rotating basis.

Hate Crimes in America: What is the Law and How Does it Apply? Mar 02, 2017

The FBI investigated what are now called hate crimes as far back as World War I. However, the FBI's role increased following the passage of the Civil Rights Act of 1964. Before then, the federal government took the position that protection of civil rights was a local function, not a federal one. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. A hate crime is defined as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” However, it is important to remember that hate itself is not a crime and many words and actions are constitutionally protected as free speech. Listen to today's program to learn more about the definition, tracking, and prosecution of hate crimes in the US. Are incidents increasing? Or is reporting increasing? Is this primarily a criminal, or political issue?

Stopped at the Border: Search and Seizure of Cell Phones and Electronics Feb 23, 2017

It is no surprise that all persons, baggage, and merchandise arriving in, or departing from, the United States are subject to inspection, search and detention. However, did you know that your electronic device(s) can be detained for further examination, which may include copying. Did you know that customs agents can demand that you provide them with your passwords for your phone, computer, social media, Facebook pages, etc.? This is just as true for US citizens as it is for any other traveler. Tune in this week to learn more about your rights (or lack thereof) when you try to re-enter the U.S. after foreign travel. You WILL be surprised.

Presidential Authority, Take II Feb 16, 2017

Co-hosts Mitchel Winick and Stephen Wagner continue their discussion of Presidential authority in the wake of the recent 9th Circuit decision extending the temporary injunction of President Trump's Executive Order restricting immigration from seven countries and banning Syrian refugees.

The Legal Authority of Presidential Executive Orders Feb 09, 2017

Co-hosts Mitchel Winick and Stephen Wagner are joined by regular guest co-host Constitutional Law Professor Michael Cohen to discuss the constitutional and legal authority of Presidential Executive Orders. The most recent orders issued by President Trump have raised constitutional questions regarding the separation of powers between federal and state governments. For example, can the federal government penalize or threaten states, counties, and cities that are designated as sanctuary juristictions when it comes to the enforcement of immigration laws and policies? Can the President restrict federal funding to universities by Presidential Order because he does not agree with their policies or curriculum? If a Presidential Executive Order appears to directly conflict with existing federal or international law, what steps need to be taken to resolve the conflict? Who gets to makes the challenge and where is it made? Listen in to learn more about these challenging issues.

Immigration in America: When Law and Policy Conflict Feb 02, 2017

Co-hosts Mitchel Winick and Stephen Wagner discuss the legal issues raised by President Trump's Executive Orders calling for extreme vetting of travelers from seven Muslim countries and the suspension Syrian refugee's entrance into the US. Can legal residents and holders of Green Cards and other legal visa's issued by the US government be detained, interrogated, and denied entrance into the US? Can national origin and religion be the basis of denying entry into the US? These and other legal issues have been the basis of a showdown in the federal courts. Join the hosts to learn more about the underlying legal questions involved in these disputes.

The Law and Policy of Presidential Pardons and Commutations Jan 26, 2017

Co-hosts Stephen Wagner and Mitchel Winick discuss the frequently controversial process of Presidential pardons and commutations. President Obama gave out dozens of pardons this week and commuted the sentences of over 200 people. The co-hosts will discuss the differences between between presidential pardons and commutations, as well as how the process unfolds. They will also discuss the controversies surrounding some of the President's choices.

Presidential Conflicts of Interest - What Laws Apply? Jan 19, 2017

Co-hosts Mitchel Winick and Stephen Wagner discuss the questions surrounding Presidential business conflicts of interest. As President Donald Trump takes office, an unprecedented number of questions have arisen regarding the potential conflicts of interest that his world-wide business interests create. Does Trump's proposed answer to the concerns meet the standards of federal and Constitutional Law? What is the definition of a blind trust and why is it important. What authority does the Office of Government Ethics have? Join the co-hosts to discuss these legal and ethical issues surrounding the new President of the United States.

Wagner and Winick On the Law Thursday, January 12, 2017 Jan 12, 2017

The Electoral College and the Actual Election of the President Jan 05, 2017

As we prepare for the inauguration of the new U.S. President, co-hosts Mitchel Winick and Stephen Wagner are joined by former law school dean and professor Greg Brandes to discuss how the Electoral College works, whether the Electoral College process can be changed, and whether states that are unhappy with the outcome of the US Presidential election can actually secede from the Union.

The Tenth Supreme Court Justice, Who is the US Solicitor General? Dec 29, 2016

Co-hosts Stephen Wagner and Mitchel Winick are joined by guest co-host Michael Cohen to discuss the unique role of the US Solicitor General. Historically described as the Tenth Supreme Court Justice, this influential government lawyer is one of the least known, and little understood, positions in the American justice system. What roles do the different government lawyers play in our federal, state, county, and local legal systems?

Police in Schools: What are the Constitutional Rights of Students? Dec 22, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss the role of police officers in schools, called School Resource Officers. How does this affect the constitutional rights of students? How and when can searches and arrests be made? Cheryll Manley, Senior Deputy District Attorney in the San Luis Obispo, California District Attorney's office joins the conversation as a specialist in juvenile justice.

The Emoluments Clause and other Legal News Dec 15, 2016

Who knew that the Emoluments Clause of the US Constitution even existed? With the election of Donald Trump, we have a president-elect who has complicated business dealings. Although the President is not covered by the same conflict of interest prohibitions as other federal office-holders, business dealings with foreign governments and foreign government-owned companies are affected by the Emoluments Clause of the US Constitution. Listen in to hear a discussion about this little-known, and never litigated, clause of the Constitution.

Who Actually Elects the President? The U.S. Electoral College, that's who! Dec 08, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss the role of the Electoral College in the election of the US President. Guest Greg Brandes, former law dean and law professor join in the discussion about how the electoral college works and why the popular vote is NOT how we elect the President of the US.

CSI Arson Investigations and the Risk of Wrongful Prosecution Dec 01, 2016

Co-hosts Mitchel Winick and Stephen Wagner are joined by Paul Bieber, founder of The Arson Research Project to discuss the challenges confronting arson investigators and the risk of wrongful prosecutions and convictions. Paul Bieber is an experienced criminal and forensic investigator. As a certified fire and explosion investigator, he consults with innocence projects, public defender offices, and other defense advocates on cases involving arson and fire investigation. He speaks nationally with a focus on the reliability of forensic methodologies, the influence of cognitive bias and the application of the scientific method in fire investigation.

Wagner and Winick On the Law Thursday, November 24, 2016 Nov 24, 2016

What Does the FBI Investigate? Nov 17, 2016

Co-hosts Stephen Wagner and Mitchel Winick review the authority of the FBI to conduct investigations. What is the proper relationship between the FBI as investigators and the Justice Department as prosecutors? Who makes the decisions to bring charges? What public comments are appropriate and/or legal during an investigation?

The Cost of Incivility in Court, in Politics, at Work, and at School Nov 10, 2016

Co-hosts Stephen Wagner and Mitchel Winick discuss the laws and regulations related to civility in the courtroom, at work, in politics, and in schools. Is bullying just rude behavior or is it unlawful? At what point does free speech cross the line and create criminal or civil liabilitiy?

Wagner and Winick On the Law Thursday, November 3, 2016 Nov 03, 2016

Exploding Cell Phones! Consumer Protection and Product Liability Oct 27, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss consumer rights and product liability that arise with large-scale consumer product recalls. The Consumer Product Safety Commission (CPSC) announced a full recall on all versions of the Samsung Galaxy Note7 smart phone. The Department of Transportation has banned Note7 devices from all flights due to safety concerns, effective 10/15/2016. Listen in to a discussion of the legal rights and liabilities that could affect consumers, airlines, and others when notice is given about the dangerous nature of a consumer product.

Deadly Distractions - New Laws Limit Use of Cell Phones While Driving Oct 20, 2016

An estimated 500,000 people are injured and thousands are killed each year in motor vehicle crashes involving distracted drivers. Starting in January 2017, California residents can no longer drive and use their hand-held smartphones -- for anything. New legislation goes into effect that makes it illegal to operate a smartphone with your hands for any reason. An officer may cite a driver for using a hand-held phone without any other traffic offense taking place. Many states have similar laws that are addressing the alarming increase in distracted driving accidents, many resulting in death. Co-hosts Stephen Wagner and Mitchel Winick discuss the new laws and the significant civil AND criminal liability that may arise from causing a distracted driving accident.

New Term, New Cases, Same Old Issues: Review of the New Supreme Court Term Oct 13, 2016

Co-host Mitchel Winick and guest co-host Michael Cohen discuss the 2016 October US Supreme Court Term. Cohen, a Constitutional Law Professor and International Law Attorney previews the major cases coming before the Court, including returning issues such as the death penalty, equal rights, and First Amendment Rights. Winick and Cohen also discuss the likely impact of the Court sitting with only eight Justices and the US Senate's refusal to hold hearings on the nomination of Merrick Garland.

Videotape and Police Use of Force: Answers or more Problems? Oct 06, 2016

Co-hosts Stephen Wagner and Mitchel Winick discuss the availability of video evidence in the recent police use of force cases. Does the availability of videotape produce answers or more questions? What policies exist regulating who can see videotapes . . . and when? Does the public have an inherent right to see the tapes? Listen in to Wagner and Winick On the Law to hear a discussion of these issues.

Cannabis Patents, Drone Patents: Protecting New Business Ideas Sep 29, 2016

Cohosts Stephen Wagner and Mitchel Winick discuss the protection of ideas through patent, trademark, and copyright with Intellectual Property Law attorney Dave LaRiviere. Who knew that cannabis can be patented? How will the emerging use of drones in business be protected? What happens if your investor tries to steal your idea? Tune in to this week's episode of Wagner and Winick On the Law to learn the answers to these and other intellectual property law questions. Program guest Dave LaRiviere shares his experience and expertise in the fascinating and always evolving area of intellectual property law. As Dave reminds us, EVERY business has intellectual property that needs to be protected.

Equine Law: Not Just Horsing Around! Sep 15, 2016

Cohosts Mitchel Winick and Stephen Wagner discuss the surprisingly complicated practice of Equine Law . . . horse law . . . with Kathleen Reagan, a noted legal expert in the area. Buying and selling horses, race horse syndication, equestrian real estate, personal injury from horseback riding, and many other interesting aspects of this unique practice area are discussed in the program. Expensive horses need the protection of good contracts for the protection of buyer, seller, lease participants, owners, trainers, and riders. Horse law is unlike other areas of law and requires special expertise. Deals on a handshake carry risks for all concerned, so investing in a properly drafted contract is more than good horse sense, it makes good business sense. Many purchasers do not realize that horses are consumer goods under the Uniform Commercial Code, can be purchased in secured transactions, and can be seized in court proceedings for unpaid board bills. Equine Law: Not just horsing around!

Drug Recognition for DUI Arrests Sep 08, 2016

Cohosts Stephen Wagner and Mitchel Winick discuss the difficult challenge for police officers when confronted with impaired drivers. Driving Under the Influence is NOT just about the use and abuse of alcohol and illegal drugs, it is about impairment, including prescription medications and mental condition. Join the hosts in a discussion with Tom Page, former police officer and drug recognition evaluator who has been at the forefront of developing and providing training for modern police officers to become Drug Recognition Evaluators.

Binding Arbitration in Consumer Contracts Sep 01, 2016

Cohosts Mitchel Winick and Stephen Wagner discuss the effect of binding arbitration clauses in consumer contracts with corporate attorney Dan Lamb. Did you know that you are waiving your jury trial rights and the protection of possible class action lawsuits in virtually all standardized consumer contracts? Car rentals, leases, software, credit cards . . . the list goes on and on. Listen in to learn more about the uses -and abuses- of binding arbitration and class-action waiver contract clauses.

Guns on Campus -The New Texas Concealed Carry Laws Aug 25, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss the Texas concealed carry gun laws that went into effect August 1, 2016 for all state university four-year campuses. How do faculty feel about students carrying concealed handguns in their classrooms and offices? How will guns in backpacks and purses be protected from theft and loss? Tune in to listen to a lively discussion of these and other issues related to guns on campus.

Legal Challenges for In-House Corporate Counsel Aug 18, 2016

Guest Host Michael Cohen will feature International Crossroads guest Ross Veltman, Executive Director of the Silicon Valley Association of General Counsel, with regular co-hosts Mitchel Winick and Stephen Wagner, to discuss the in-house legal role, and the current issues America’s leading chief legal officers in California face across the vast national and multinational landscape. For information about SVAGC, go to www.svagc.org.

Who Actually Elects the President? The U.S. Electoral College, thats who! Aug 04, 2016

Host Mitchel Winick and guest co-host Frank Hespe discuss the little known process of the U.S. Electoral College with former U.S. Attorney and current Carmel High School History and Government teacher Bill Schrier. Unless you were paying close attention in high school history and government class, you probably think that by voting in the November Presidential election, you are actually electing the next President and Vice President of the United States. In fact, you are only electing electors to the Electoral College. . . what, you say?? Tune in to this week's program to learn -be reminded- how 538 electors to the U.S. Electoral College will actually select the next U.S. President and Vice President.

Encore: The Challenges of LEGAL Marijuana Jul 29, 2016

Co-hosts Stephen Wagner and Mitchel Winick take on the controversial topic of legal marijuana. Program guest Chris Halsor has been on the front lines of Colorado’s trailblazing foray into legal marijuana and has developed an expertise in the complicated facets of legal marijuana. Legal marijuana is more than the prospect of large tax revenues and the ability to buy an ounce of pot. Marijuana advocates have created very effective campaigns that are changing public attitudes. Halsor believes that legalization of both medical & recreational marijuana is on the verge of a tipping point and will likely spread world-wide within the next 10-15 years. Instituting and implementing legalization for a drug that has been unlawful for decades - and remains so at the federal level - is more complicated than the headlines would have you believe.

Major New US Supreme Court Cases - An Update and Review Jul 28, 2016

Co-hosts Stephen Wagner and Mitchel Winick are joined by Constitutional Law Professor Michael Cohen to discuss recent US Supreme Court cases. The death of Supreme Court Justice Antonin Scalia has created a situation where 4-4 ties are affecting the outcome of ground-breaking cases. The discussion includes the U.S. Supreme Court major decisions on pressing issues such as abortion rights, gun control, corruption by politicians, race-based university admissions, and immigration.

Encore: The Challenges of LEGAL Marijuana Jul 21, 2016

Co-hosts Stephen Wagner and Mitchel Winick take on the controversial topic of legal marijuana. Program guest Chris Halsor has been on the front lines of Colorado’s trailblazing foray into legal marijuana and has developed an expertise in the complicated facets of legal marijuana. Legal marijuana is more than the prospect of large tax revenues and the ability to buy an ounce of pot. Marijuana advocates have created very effective campaigns that are changing public attitudes. Halsor believes that legalization of both medical & recreational marijuana is on the verge of a tipping point and will likely spread world-wide within the next 10-15 years. Instituting and implementing legalization for a drug that has been unlawful for decades - and remains so at the federal level - is more complicated than the headlines would have you believe.

Police Prosecution - Case Study: The Death of Freddie Gray Jul 14, 2016

Host Stephen Wagner, former prosecutor, discusses the challenges involved in the criminal prosecution of police officers. The unsuccessful prosecution of police officers in the Freddie Gray death case in Baltimore has brought this issue into the national news. Guest on the program is Michael Belter, a criminal defense attorney and public defender with the Monterey County Public Defenders Office.

Encore: Legal Drones, Illegal Fireworks, and Medical Research - No, not together! Jul 07, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss the FAA's new release of commercial drone regulations. In preparing for the 4th of July holiday, they also discuss the current status of fireworks regulations, particularly in the drought zones of California. Special guest-host Michael Cohen launches his first edition of International Crossroads with special guest Nancy Koch, General Counsel to the Gordon and Betty Moore Foundation, one of the largest private funders of basic research.

Legal Drones, Illegal Fireworks, and Medical Research - No, not together! Jun 30, 2016

Co-hosts Mitchel Winick and Stephen Wagner discuss the FAA's new release of commercial drone regulations. In preparing for the 4th of July holiday, they also discuss the current status of fireworks regulations, particularly in the drought zones of California. Special guest-host Michael Cohen launches his first edition of International Crossroads with special guest Nancy Koch, General Counsel to the Gordon and Betty Moore Foundation, one of the largest private funders of basic research.

Sexual Assault on Campus - Judicial Responsibility and Public Policy Jun 23, 2016

Co-hosts Stephen Wagner and Mitchel Winick discuss the outcome of the Stanford University rape case and the subsequent national dialogue related to sexual assaults on campus. The hosts discuss the pending recall efforts launched against Judge Aaron Persky by individuals who believe that he abused his judicial discretion in his sentencing decision in the Stanford University rape case. The program also addresses the current efforts by universities to increase safety awareness and reduce binge drinking. Program guests include Elliana Bisgaard-Church, a recent Swarthmore College graduate and Lezah Winick, a third-year student at CalPoly University.

The Challenges of LEGAL Marijuana Jun 16, 2016

Co-hosts Stephen Wagner and Mitchel Winick take on the controversial topic of legal marijuana. Program guest Chris Halsor has been on the front lines of Colorado’s trailblazing foray into legal marijuana and has developed an expertise in the complicated facets of legal marijuana. Legal marijuana is more than the prospect of large tax revenues and the ability to buy an ounce of pot. Marijuana advocates have created very effective campaigns that are changing public attitudes. Halsor believes that legalization of both medical & recreational marijuana is on the verge of a tipping point and will likely spread world-wide within the next 10-15 years. br Instituting and implementing legalization for a drug that has been unlawful for decades - and remains so at the federal level - is more complicated than the headlines would have you believe.

International Law - International Human Rights Survivors and the Global Mental Health Gap Jun 09, 2016

Guest Co-Host Michael Cohen will be joining hosts Mitchel Winick and Stephen Wagner to interview co-founders of Partnerships for Trauma Recovery - Monika Parikh and Annika Sridharan. br Partnerships for Trauma Recovery (PTR) was launched in response to the tremendous need to address the psychological impacts of human rights abuses among international survivors of human rights abuses. Based in the Bay Area of California, PTR promotes emotional healing among refugees, asylees, asylum seekers and human trafficking survivors through trauma-informed, culturally aware and contextually adapted mental health care for individuals and families fleeing war, torture, gender-based violence and persecution in their countries of origin. br PTR provides one of the few multi-disciplinary clinical training programs specializing in the needs of international survivors.

Law of the Sea'food' Jun 02, 2016

Guest Co-host Michael Cohen joins regular hosts Mitchel Winick and Stephen Wagner to discuss the long-term sustainability of global tuna fisheries. Special program guest is Susan S. Jackson, President and member of the Board of Directors of the International Seafood Sustainability Foundation (ISSF). Under Jackson’s leadership, ISSF has grown from a small association of eight global tuna processors into the world’s premier organization uniting industry leaders, the environmental community and leading scientists in the creation, advocacy and adoption of science-based best practices that advance the long-term sustainability of global tuna fisheries. Through her unwavering focus on collaboration, Jackson has created successful partnerships with constructive NGOs, scientists, governments and has led efforts to make ISSF an effective advocate for positive change in the Regional Fishery Management Organizations (RFMOs), the governing bodies responsible for managing tuna resources worldwide.

Criminals in our Midst: Do New Laws Make a Difference May 26, 2016

Co-host Stephen Wagner is a former prosecutor. Our program guest, Jennifer Alton, is a former public defender. Criminal laws, sentencing guidelines, and early release programs are changing . . . but are the changes resulting in positive or negative results in our communities? Co-host Mitchel Winick will serve as the moderator between two experienced criminal law attorneys with very different professional backgrounds. Prosecutor vs. Defender . . . listen in to better understand the perspective from both sides of the criminal justice system.

Straight From the Headlines . . . Update on Top Law Stories May 12, 2016

Co-hosts Stephen Wagner and Mitchel Winick discuss top legal stories, including: The use of tax dollars by UC Davis to scrub negative stories from Google news search, Baby Boxes and the Safe Haven Laws, Pauper Prisons for the Homeless, and Arsenio Hall's Defamation Lawsuit against Sinead O'Connor.

Discretion involved in the law of Beer May 05, 2016

Discretion Brewing is one of the new breed of microbreweries entering local business communities across the country. But success as a local brewery requires more than just brewing good beer. It requires navigating the complex world of of alcoholic beverage regulation, manufacturing, distribution, and sales. Law Professor Stephen Wagner and Law Dean Mitchel Winick talk with Dustin Vereker, the Chief Beer Ambassador of Discretion Brewing and a founding member of the California Craft Brewers Association's Government Affairs Committee.

Murder and Other Unnatural Disasters Apr 28, 2016

Author and Lawyer Lida Sideris has published her first novel. As she describes her transition to fiction writing, Lida says . . . Not willing to fork over the dough to see a therapist, Lida took up writing. She wrote about her animals and people, the city she lived in, and various escapades involving the animals, people and city. Then she wrote a few chapters of a historical novel, which won her a scholarship to attend the San Francisco Writers’ Conference. Which led her to harbor the faint, flickering hope that she could complete a mystery novel that could possibly entertain and engage a handful of readers. And she did. She really did. Who knew therapy could be such a blast?

The Most TAXING time of Year Apr 21, 2016

Are you afraid of the IRS? Are you concerned about what happens if you have an unpaid tax liability? Will the IRS Police come get you? Join Law Dean Mitchel Winick and Law Professor Stephen Wagner to discuss these and other tax concerns with tax lawyer William Bill Purdy.

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