Justice Antonin Scalia, who died in February 2016, was a rock-ribbed conservative by ideology, who used originalism and textualism approaches to craft his decisions. Judicial historian David Dorsen tells that on certain issues, mainly rights of the accused, Scalia could be unexpectedly liberal.
With Special Prosecutor Robert Mueller hot on the trail of Paul Manafort, Mike Flynn, and possibly others close to Donald Trump, many wonder what would happen if Trump fires Mueller or tries to pardon Mueller’s witnesses or members of Trump’s family—or even himself. NYU Law Professor Ryan Goodman tells Jim such a course would unleash a constitutional and political crisis.
Marty London had an extraordinary 50-year run as a New York trial lawyer with a spectacular success record that achieved the near impossible. His high-profile practice featured representation of Jackie Onassis, as well as Vice President Spiro Agnew. He prevailed against Roy Cohn and Donald Trump. Marty tells Jim that the way to win cases is to be on the right side.
True justice cannot be administered in every case, but when something goes wrong in our system, the outcome can be horrific. Top lawyer and former prosecutor Joel Cohen, author of the blockbuster book, Broken Scales, reflects on 10 cases of possible injustice, and tells Jim Zirin that we need to do better with our justice system.
Turning the tables, Ambassador William vanden Heuvel interviews Jim about his new book, Supremely Partisan–How Raw Politics Tips the Scales in the United States Supreme Court. Jim talks about the Court’s historic origins, the evolution of its decision-making, the use of identity politics in appointing the Justices to reserved ethnic seats, and the future of a partisan Court in a post-Scalia world.
Sex crimes prosecutor Linda Fairstein leads a double life as a top-flight lawyer and the author of 17 mystery novels, the latest of which Devil’s Bridge, is already a best seller. She tells Jim of the evolving standards of rape in America, and answers the question whether the St. Paul’s date rape case should have been brought at all.
Does the Supreme Court fairly interpret the Constitution or do judges impose their personal views on the law as written and intended? Prominent attorney Gerald Walpin tells Jim of his new book, The Supreme Court vs. The Constitution, arguing that some justices have gone too far in deciding that the Constitution means what they would like it to mean.
With Internet censorship spiking, the U.S. has become increasingly concerned that technology will undermine freedom of expression. Law Professor Molly Land tells Jim that a 1966 international treaty on civil and political rights was prescient in providing a digital framework for protecting human rights around the world.
Lawfully married to Thea Spyer, her companion of 40 years, Edith Windsor found herself the beneficiary of Ms Spyer’s estate but was denied the spousal deduction for federal estate taxes. She sued, claiming that the 1996 Defense of Marriage Act was unconstitutional. Edie and her lawyer Robbie Kaplan tell Jim that historic discrimination against gays warrants a “heightened scrutiny” of laws denying them equal benefits.
He explains that commercial litigants traditionally bear their own legal expense, and the cost may be catastrophic. Many drop good cases, or lose their businesses entirely, because they run out of money. Recently, however, third parties have advanced legal costs. Is such funding illegal or unethical? Does this new structure stir up meritless litigation or improve access to justice?
On January 30, 1972, during a civil rights march in Northern Ireland, the British Army killed 13 civilians. The eminent English jurist, Lord Saville, was tasked to conduct a public inquiry into what happened that ‘Bloody Sunday’. The report concluded that the soldiers were unjustified in firing and led to an unqualified apology by Prime Minister Cameron. In an exclusive Digital Age interview with Professor Richard Susskind, Lord Saville says that digital technologies were indispensable to the inquiry.
Formerly a top prosecutor, now a bestselling mystery novelist, Linda headed the sex crimes unit in the Morgenthau District Attorney’s office. She analyzes the DSK case from perp walk to dismissal, gives Jim her take on what really happened, as well as a sneak preview of her next book.
Susskind argues that the time charges oriented business model of the large law firm is flawed, and that if lawyers don’t reinvent themselves, and use technology to package their services, they will surely risk extinction.
He reveals who is the real “client” of the Corporation Counsel? How independent is he of the Mayor? How well has he done in protecting the public fisc? Corporation Counsel Cardozo answers these and other questions as he tells about the post- 9/11 challenges faced by his office and how he met many of them by going digital.
The top trial lawyer tells how digital evidence has revolutionized the conduct of trials.
Clinton didn’t inhale. Obama and Bush went further. But now it’s “You’ve Got Drugs” where Google searches for abusable substances without prescription produce hits in the six and seven figures.
Jack Goldsmith took on the White House. He reversed John Yoo’s opinion’s that blessed torture. But Bush and Cheney refused to back down and vetoed a bill proscribing waterboarding.
The lawyer, author and social reformer wants to overhaul the American legal system, and he wants the Net to help him do it.
Attorney General Gonzales was forced out over his role in the firing of eight United States Attorneys. Was it all because of the tell-tale emails? Get the inside from Special Watergate prosecutor Ben-Veniste.
The former Dean of Princeton’s Woodrow Wilson School, now Director of Policy Planning at the State Department discusses whether Saddam Hussein can get a fair trial? Would an international trial be fairer?
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