Talks On Law

08/29/2022

The First Amendment after Kennedy v Bremerton

We discuss the latest Supreme Court case on God & Football and what Kennedy v. Bremerton means for religion in public schools.

https://www.talksonlaw.com/talks/god-football-after-bremerton (University of Pennsylvania Carey Law School)

In the religious freedom case, Kennedy v. Bremerton School District (2022), the Supreme Court weighed in the role of God in football in American public schools. Professor Sarah Barringer Gordon (UPenn Law) explains the case, its impact on the First Amendment's Establishment Clause separating church....

08/25/2022

What is the Lemon Test?

Is the Lemon Test dead? We ask Prof Gordon of University of Pennsylvania Carey Law School to explain the famous First Amendment religious establishment test and whether the rumors of its demise are premature...

In the 1971 Supreme Court case Lemon v. Kurtzmann, the Court established a test to determine whether legislation violates the Constitution’s establishment clause. This test was called the Lemon Test and has been used in numerous cases to determine the constitutionality of state actions that bear u...

07/22/2022

The Major Questions Doctrine powered the Supreme Court's latest bombshell global warming decision WV v. EPA, but what is the Major Questions Doctrine? We asked leading environmental and administrative law expert, Prof. Heinzerling of University of Pennsylvania Carey Law School. https://www.talksonlaw.com/briefs/major-questions-doctrine

07/22/2022

What are sensitive places under Second Amendment jurisprudence.

What are "sensitive places" under 2nd Amendment doctrine? We asked Prof Blocher of Duke Law School to explain. https://www.talksonlaw.com/briefs/sensitive-places-under-the-second-amendment

Under Second Amendment jurisprudence, states are permitted to restrict guns in "sensitive places." This traces back to the landmark Supreme Court opinion of D.C. v. Heller (2008). In that decision, the majority opinion explains that "sensitive places" could provide justification for gun restrictions...

07/07/2022

Second Amendment rights and law after the Supreme Court case NYSRPA v. Bruen

FEATURE: Duke Law Prof. Blocher explains the Second Amendment after NYSRPA v. Bruen. https://youtu.be/t9s8bkFIpGw. Full interview and cases: https://www.talksonlaw.com/talks/gun-law-after-bruen

On June 23rd, 2022 the Supreme Court decided the landmark gun rights case New York State Rifle and Pistol Association Inc. v. Bruen. The case, widely seen as a win for advocates of personal gun rights, fundamentally altered the test that courts use to evaluate constitutionality under the 2nd Amendme...

07/07/2022

Surrogacy Law Explained

We worked with Yale Law Prof. NeJaime to create the #1 legal resource explaining Surrogacy law, rights, and risks. https://www.talksonlaw.com/briefs/surrogacy-law-rights-and-risks. NeJaime explains s*x parental rights, donor rights, and surrogacy in U.S. courts...

What are the legal rights of families that use surrogacy to have children? In the U.S., parental rights have been legally tied to childbirth, so how are state laws adapting to the increased use of gestational surrogacy? Yale Law Professor Douglas NeJaime explains how surrogacy is treated under the l...

05/24/2022

R**e Intoxication Law Is Retrograde

Unfortunately, intoxication law in r**e cases remains "retrograde."

Prof. Deborah Tuerkheimer of Northwestern Law analyses r**e law in the United States and why victims claims are too often shunted aside. https://www.talksonlaw.com/talks/a-credibility-gap-in-cases-of-r**e

05/16/2022

Wrongful Conviction Nightmare

Joel's worst nightmare is Chris's wrongful conviction case. Watch the full interview on junk science and wrongful convictions with Chris Fabricant of Innocence Project: https://www.talksonlaw.com/talks/poor-people-science-wrongful-convictions Akashic Books

05/01/2022

What Is Commemorative Coin Fraud?

When does selling overpriced gold coins cross a line to become "coin fraud?" Bruce Steckler explains that when commemorative coins are marketed as investment opportunities, purchasers may have rights to financial recovery. (Steckler is a litigation parter at the law firm Steckler, Wayne, Cherry, & Love)

https://www.talksonlaw.com/briefs/what-is-coin-fraud

Dallas lawyer explains commemorative coin scams.

04/26/2022

Illinois MCLE Podcast | Illinois-Accredited CLE Interviews

Celebrating the launch of our new podcast in Illinois! We hope you'll share with your Chicago lawyer friends. https://www.illinoismclepodcast.com/

Illinois MCLE Podcast: engaging Illinois CLE-accredited interviews with the titans of law. Powered by TalksOnLaw.

04/25/2022

Dobbs v. Jackson Explained

DOBBS v. JACKSON, a Battleground for Abortion Rights
An interview with Alexia Korberg

Dobbs v. Jackson is the most important abortion case since Planned Parenthood v Casey. Alexia Korberg, an attorney representing Jackson Women's Health Organization, discusses their case currently before the Supreme Court and the future of abortion law. Watch the full interview:

https://www.talksonlaw.com/talks/dobbs-v-jackson-a-battleground-for-abortion-rights (Alexia Korberg is a partner at Paul, Weiss, Rifkind, Wharton & Garrison LLP. Host Joel Cohen)

04/14/2022

Berkeley College Settles Suit with New York City

Berkeley College settles student deception lawsuit for $350K in damages plus $20M in debt relief. We interview NY Commissioner Mayuga for the details: https://www.talksonlaw.com/blog/berkeley-college-settles-suit-with-new-york-city (New York City Department of Consumer and Worker Protection)

New York City Reaches Settlement with For-Profit Berkeley College to Provide Debt Relief to Students In March 2022, the New York City Department of Consumer and Worker Protection (DCWP) reached a settlement with Berkele...

04/13/2022

Is a Cyber Attack a Use of Force Under International Law?

Is a Russian cyberattack on the U.S. an act of war? We ask a leading cyber-law expert. https://www.talksonlaw.com/briefs/is-a-cyber-attack-a-use-of-force-under-international-law Temple University Beasley School of Law

In recent years, cyberspace has become an increasingly common channel for surveillance, intelligence gathering, and attacks. Cybersecurity expert and Temple Law professor Duncan Hollis explains what would constitute a use of force in the cyber context, taking into account the scale and effects of an...

04/07/2022

: Ketanji Brown Jackson is confirmed! The first black woman on the nation’s highest court, Judge (now Justice) Jackson was confirmed with 53 votes by the Senate. KBJ joins fellow grads – Justices Gorsuch, Kagen, and Chief Justice Roberts.

04/07/2022

: Kitanji Brown Jackson is confirmed! The first black woman on the nation’s highest court, Judge (now Justice) Jackson was confirmed with 53 votes by the Senate. KBJ joins fellow grads – Justices Gorsuch, Kagen, and Chief Justice Roberts.

04/05/2022

What's the biggest challenge in a brain injury litigation? Brain injuries can be impossible to see.

Watch the full conversation with Los Angeles litigator, Bill Karns (Karns & Karns, LLP ): https://www.talksonlaw.com/briefs/brain-injury-from-a-car-accident-los-angeles

03/16/2022

What is the DUTY TO RETREAT? Prof Ferzan of University of Pennsylvania Carey Law School explains the duty and how True Man Doctrine, Castle Doctrine, and Stand Your Ground laws limit our obligations to back down. https://www.talksonlaw.com/briefs/what-is-the-duty-to-retreat

03/01/2022

The FTC's Unfairness Balancing Test

The FTC's unfairness balancing test "has the calculus entirely the wrong way around." Prof Neil Richards of
Washington University in St. Louis explains to Joel the need to change Section 5(n). Full interview on human information privacy: https://www.talksonlaw.com/talks/human-information-privacy

02/09/2022

H-1B Alternatives Explained

Most H-1B visa applications are denied – so what are viable alternatives for skilled immigrants? We ask immigration attorney experts Maggie Murphy and Amy Lighter of Bal Immigration. 8min explainer: https://www.talksonlaw.com/briefs/h-1b-visa-alternatives

Since there are more applicants to the H-1B lottery visas available, tens of thousands of applicants are denied each year. We ask two immigration experts to explain what other options companies have when it comes to obtaining visas for skilled foreign workers. Attorneys Maggie Murphy and Amy Lighter...

01/24/2022

Bourbon as Defined by Law

Legally, what is bourbon? We asked attorney, Brian Haara.
https://www.talksonlaw.com/briefs/bourbon-as-defined-by-law

What makes bourbon bourbon? Bourbon is a uniquely American whiskey that is federally defined and regulated. Bourbon is a type of whiskey distilled from primarily corn with strict requirements on how and where it it is distilled, aged, and bottled. Louisville-based attorney, Brian Haara explains the....

01/24/2022

Investigating the Client

The client is acting suspiciously... So do legal ethics kick in? Prof. Peter Joy of Washington University School of Law explores the controversial duty to investigate.
https://www.talksonlaw.com/talks/investigating-the-client

Is there an ethical duty that lawyers investigate suspicious clients? Prof. Peter Joy, legal ethics scholar, explains the rules governing a lawyer’s scope of representation and the duty to investigate.

01/07/2022

Ethics and Batson

Prof. Joy discusses the ethics, Batson, and race-based jury selection.

Excluding Jurors Based on Race The United States has a long history of racial discrimination in juries. In 1875, Congress passed the Civil Rights Act which prohibited race-based discrimination in jury service. Yet, states continued to remove black prospective jurors, by instituting vague requirement...

12/01/2021

NEW FEATURE: A Transition in the Legal Profession

Join us for a conversation about identity, pronouns, inclusion, and transitioning as a lawyer with Dru Levasseur of the National Lgbtq+ Bar Association. Dru generously shares personal experiences, insights, and strategies for making "DEI" more than just a corporate buzzword. Full interview: https://www.talksonlaw.com/talks/a-transition-in-the-legal-profession

Dru Levasseur is the Director of Diversity, Equity, and Inclusion for the National LGBTQ+ Bar Association.

11/18/2021

Mindfulness over Client Matter

Mindfulness over Matter. Prof Martin of University of New Mexico School of Law explains to TalksOnLaw host Joel Cohen how allows her to blaze through 2 hours of work in 45min. Watch the full interview free or to earn CLE: https://www.talksonlaw.com/talks/a-mindful-practice

11/05/2021

: Judging from the oral arguments in NY State Rifle and Pistol Association, the Supreme Court appears poised to recall NYC's strict laws on gun ownership and carrying guns in public. According to the plaintiff's, Constitutional rights are inherent to lawful Americans and therefore should not require special exemptions in order to exercise them. Based on questioning, Chief Justice John Roberts along with a majority of the court appear to agree. While the Justices debated factors of public safety and self-defense, the bulk of the court appear unlikely uphold the NY regime as it stands. The case, NY State Rifle & Pistol Association v. Bruen, is poised to deliver another key victory for Second Amendment advocates and will dramatically alter gun regulations and gun ownership in the nation’s largest city as well as a number of others. (Plaintiffs represented by Paul D. Clement of Kirkland & Ellis )

10/28/2021

Hippos, Escobar, and Animal Rights under U.S. Law: The U.S. District Court for the Southern District of Ohio has taken what some view as an important step in recognized animals as “legal persons.” This ruling springs from a lawsuit filed by (relying on 28 U.S.C. § 1782) to authorize discovery in a foreign case in the nation of Columbia. Under the American law, any “interested person” involved in a foreign litigation is permitted to ask courts to take depositions to help with their foreign cases. So, can Hippos be interested persons? The short answer here is yes. The case involves a plan to kill approximately 100 hippopotamus – descendants of pets imported by the notorious drug boss Pablo Escobar. Under U.S. law animals are often considered to be property, limiting protections available to them. According to the Animal Legal Defense Fund director, this case represents “a critical milestone in the broader animal status fight to recognize that animals have enforceable rights...”

10/12/2021

Legally, Who Owns the Moon?

Who owns the moon? We ask one of the nation's top space law experts – Frans Von Der Dunk of University of Nebraska College of Law. https://youtu.be/9lX1-XoB3FE

Who owns the moon? According to the governing law, the Outer Space Treaty, no one does. Actually more accurately, the moon is owned by all nations collecti...

09/30/2021

A Failure of Forensics

"I wish attorneys would ask more, 'Was the right piece of the evidence submitted to the laboratory, tested.'" Dr. Stout and Prof. Garrett explain how poor quality forensics generate wrongful convictions.

Problems in forensic labs have contributed to scores of wrongful convictions, resulting in innocent individuals being imprisoned for years, sometimes decades. In recent years, major scandals have revealed problems at labs because of inadequate resources, lack of standards and oversight, management i...

09/28/2021

A Failure of Forensics

A Failure of Forensics. Dr. Peter Stout and Prof. Brandon Garrett sit down with TalksOnLaw's Joel Cohen to expose critical structural flaws in American forensics. Stout (a national leader in forensic sciences) and Garrett (an expert of criminal justice outcomes) explain how unscientific forensic systems drive wrongful convictions and injustice.

Dr. Stout is the president of the Houston Forensic Science Center. Brandon Garrett is a professor at Duke Law School. https://www.talksonlaw.com/talks/a-failure-in-forensics.

Problems in forensic labs have contributed to scores of wrongful convictions, resulting in innocent individuals being imprisoned for years, sometimes decades. In recent years, major scandals have revealed problems at labs because of inadequate resources, lack of standards and oversight, management i...

08/12/2021

State Restrictions on COVID-19 Mandates

While some states and the US military are mandating vaccines, many states are RESTRICTING vaccine mandates. We asked Prof. Dorit Reiss of UC Hastings Law to explain. Watch the full interview on vaccine mandates here: https://www.talksonlaw.com/talks/covid-19-vaccine-mandates

08/04/2021

A Treaty Defense for Tech Companies Abroad

Sovereign States v. Technology, Inc.

Technology companies are increasingly the target of legal actions and regulatory interference by nations seeking to protect domestic businesses, collect revenue, or to score a political advantage. We sit down with two international arbitration lawyers to discuss one potential defense - international investment treaties. https://www.talksonlaw.com/briefs/investment-treaty-protection-for-tech-companies

Elliot Friedman and Thomas Walsh of the global law firm Freshfields Bruckhaus Deringer explain the nature and scope of investment treaties and how they may prove increasingly beneficial to the technology sector. In a brief conversation, Elliot and Thomas explore litigation trends and strategies for tech companies to deploy treaty protections against sovereign adversaries.

08/02/2021

Instagram Rights after Death

New blog post explaining the mystery of "Instagram Rights after Death!" https://www.youtube.com/watch?v=VPTAvS8fsI4
https://www.talksonlaw.com/.../can-you-inherit-an... (on camera, Mariana Goldlust explains)

What happens to our Instagram accounts after we die? Are our IG accounts digital assets that can be bequested or inherited? The short answer is, no, it's not...

07/29/2021

New Vaccine Mandates Explained

California Imposes a "Soft Vaccine Mandate," what does that mean?

We asked vaccine law expert, Prof Dorit Reiss of UC Hastings Law to explain the new COVID-19 mandate laws in California, New York City, and at the federal level. Prof Reiss breaks down the legal justifications and relevant caselaw for mandating vaccinations under an Emergency Use Authorization and gives an overview of the new requirements.

Full interview at www.talksonlaw.com. (Hosted by Joel Cohen)

07/23/2021

Florida passed a new law this week approving increased use of drones in policing.  Florida Senate Bill 44 authorizes law enforcement to use of drones for evidence gathering purposes and as the Florida Police Chiefs spokesperson explained, to increase situational awareness.  On the other hand, Kirk Bailey of raised questions about privacy as more and more police recourses take to the skies.

07/20/2021

Happy Tuesday law friends. Here’s a little post to provoke some reflection. Hang in there, and remember, we get more than two picks, but prioritize what’s most important.

07/09/2021

For those of us nerds at heart, here’s some inspo from an amazing overachiever, Zaila Avant-garde. Now the next question is, where will she go to law school? 😅😂

07/08/2021

NFT Royalties Explained

When the digital artist Beeple’s NFT “Crossroads” was resold for $6.6 million in February, Beeple was paid again – receiving a 10% royalty on the sale. So how exactly do NFT royalties work? We asked two blockchain lawyers from the firm White & Case LLP to explain...
https://www.talksonlaw.com/briefs/how-do-nft-royalties-work

07/07/2021

: Norway lawmakers passed a new law targeted at combating the pressures of unrealistic beauty, or as they might call it — kroppspress. The law, Prop 134 L, amends the nation’s marketing law by requiring influencers on social media to label images that have been modified. (See our post from last Friday for an extreme and hopefully funny example). The law applies to posts that are monetized or sponsored and violators face escalating fines– and surprisingly even the possibility of jail time for extreme cases. Presumably, some connection to Norway – either in terms of territory or citizenship will be required beyond being visible in Norway, but since the full law is currently only available in Norwegian, we defer to the experts! Either way, you can look forward to the following (and their Norwegian equivalents) showing up in a post near you…  or the generic

07/02/2021

Happy Friday all! A little PSA to start the weekend off… with a laugh.

06/29/2021

Recording Rights – When Can Police Prevent Cameras in Public?

"Sir, turn off the camera." When can police restrict the video recording of an arrest? We asked police law authority
Prof. Rachel Harmon of University of Virginia School of Law.
https://youtu.be/W3nv6eIQ3gA.
(Full interview on police law at talksonlaw.com)

The Supreme Court has yet to rule on a right to record police, but federal appeals courts have ruled that taping law enforcement is protected speech under th...

06/18/2021

signed the Juneteenth National Independence Day Act making Juneteenth the first new federal holiday since Martin Luther King day was created in 1983 by Ronald Reagan. The day commemorates when in 1865, Union soldiers led by Gen. Gordon Granger arrived in Galveston, Texas, to deliver General Order No. 3, officially ending slavery in the state.

06/18/2021

How do NFT royalties work?

When the digital artist beeple’s NFT “Crossroads” was resold for $6.6 million in February, Beeple was paid again – receiving a 10% royalty. So how exactly do NFT royalties work? We asked two blockchain lawyers from the firm White & Case LLP to explain...

https://www.talksonlaw.com/briefs/how-do-nft-royalties-work

One of the unique features of non-fungible tokens (NFTs) is the ability to distribute royalties from resales. When the digital artist Beeple’s NFT piece “Crossroads” was resold on the secondary market for $6.6 million in February at more than 100 times the original sale price, Beeple himself n...

06/16/2021

In honor of Pride Month, here are four monumental court cases that helped make history in pioneering LGBTQ+ across the United States.

Bowers v. Hardwick (1986)
In a five to four ruling, this court case validated the constitutionality of a Georgia so**my law that criminalized these acts if done in private between two consenting adults. This was later overturned in Lawrence v. Texas.
Lawrence v. Texas (2003)
This case ended Texas’ so**my law, in turn invalidating so**my laws in 13 other states, making consensual s*xual activity between same-s*x adults legal across the U.S. It also helped set a precedent for much of the progress in LGBT rights we’ve seen over the last several years.
United States v. Windsor (2013)
Edith Windsor and Thea Spyer legally married in Toronto, Canada in 2007, and their marriage was officially recognized in New York in 2008. However, in 2009, Thea died, in turn leaving her entire estate to Edie. However, Edie was not allowed to claim the federal estate tax exemptions for spouses under the Defense of Marriage Act (DOMA), a law that did not allow the marriages of same-s*x couples to be recognized the same way under the federal government. This case resulted in a victory by section 3 of DOMA being overturned.
Obergefell v. Hodges (2015)
This monumental court case is the one that legalized gay marriage across the entirety of the United States. The Supreme Court sided with loving same-s*x couples and found all bans on marriage equality to be unconstitutional - and that the fundamental right to marriage is a fundamental right for all. This extended the 14th amendment to include same-s*x couples.

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06/14/2021

When can police use deadly force?

Something we wish we did not need to know... When can police use deadly force? Prof. Harmon of University of Virginia School of Law explains what the Constitution says about lethal force.

https://youtu.be/9__uiQcTGlA

Under the Constitution, when may police officers use deadly force? As Professor Rachel Harmon explains, generally, police officers can use lethal force under...

06/09/2021

What has changed with MAEs and IOCs after COVID-19?

What does "ordinary course of business" mean during extraordinary times? We sit down with Ethan Klingsberg and Meredith Kotler to discuss new developments in M&A jurisprudence. Freshfields Bruckhaus Deringer https://www.talksonlaw.com/briefs/m-a-insights-post-covid

The COVID-19 pandemic caused disruption in the M&A world, with deals being put on hold and many buyers attempting to renegotiate or back out. In the lawsuits that followed, the definition of material adverse effect (MAE) and the language of interim or “ordinary course” operating covenants ha...

05/28/2021

And we are happy to offer our help... 🦒😎. Happy weekend all!

05/19/2021

A Year Like No Other

As the country begins to reopen, TalksOnLaw's Joel Cohen sits down with a managing partner to explore some of the hardest decisions and biggest surprises from the past year. In "A Year Like No Other," Matthew Herman, MP at Freshfields Bruckhaus Deringer, walks through the Magic Circle firm's responses to changing and urgent client needs, tumult in the courts, and the challenges of managing and inspiring hundreds of attorneys remotely.

Watch the full interview: https://www.talksonlaw.com/talks/a-year-like-no-other

05/18/2021

Some baller wisdom from Justice Elena Kagan that any good lawyer can recognize.

Kagan was nominated to the Supreme Court in May 2010. She was also the first woman to become the dean of Harvard Law School and U.S. Solicitor General, respectively.