Access to Justice Podcasts - Legal Talk Network

Aging With Dignity: How Legal Services Keep Seniors Safe

Ally Kvidt — Tue, 22 Jul 2025 14:15:13 +0000

Legal experts discuss the critical role civil legal services play in addressing the legal needs of older Americans on Talk Justice. Last year, LSC-funded legal organizations assisted more than 312,000 Americans age 60 and up with their legal problems. Issues surrounding wills, power of attorney and advance directives are common for aging Americans, and seniors are often targeted for scams and fraud. These legal crises can exacerbate other stressors, such as rising housing costs and medical issues that can undermine seniors’ safety, stability and ability to age in their home with dignity and autonomy.

Immigration and Employment Law, Today’s Tangled Web

Ally Kvidt — Tue, 22 Jul 2025 11:00:15 +0000

When it comes to foreign workers inside the United States today, the world of immigration law has seemingly been upended. It can be hard to keep up with rapidly evolving events and rulings, but with clients and employers at risk, professionals who represent them can’t afford to fall behind.

When do employers check work authorization, and how often can they? What do employers need to be looking for? And what industries are most affected?

While the Trump v. Casa case may not have brought the clarity many in labor and employment law sought, it was simply a procedural move that limits jurisdiction, it’s not the final word. This gets confusing in a hurry as the labor and employment professionals grapple with protective status, refugees, temporary status, and workforce eligibility issues.

Hear insights from accomplished guests Jonathan Grode and Ingrid Nava into where shifting immigration policies may affect labor and employment law and what some of these decisions mean across the country and across labor sectors. In today’s uncertain times, it’s important to understand the limits of what employers can do, even when they are trying to do the right thing, as well as the rights of employees. Confused? You’re not alone.

Historic Justice: Investigating Cruelty and Death at Florida’s Dozier School for Boys

Ally Kvidt — Wed, 16 Jul 2025 16:30:02 +0000

For over a century, The Dozier School for Boys held dark secrets behind its gates. Allegations of abuse, forced labor, and unexplained deaths had often come up throughout its history, but the full reality of what happened during its time in operation was largely unknown. Maggie Mendenhall-Casey talks with forensic anthropologist Erin Kimmerle about her mission to bring justice to the forgotten children of Dozier. Erin shares the story of her investigation, including her processes for locating unmarked graves, the community backlash and political resistance she faced, and the continuing efforts for justice and reunification with victims’ families.

Read the full account in Erin’s book: We Carry Their Bones: The Search for Justice at the Dozier School for Boys

Erin H. Kimmerle, Ph.D., is the Executive Director of the Florida Institute for Forensic Anthropology and Applied Science at the University of South Florida

Exploring Voting Behavior and Civic Engagement with Mindy Romero

Ally Kvidt — Tue, 15 Jul 2025 11:00:51 +0000

Mindy Romero is the founder and director of the Center for Inclusive Democracy that is part of the USC Sol Price School of Public Policy based in Sacramento, California. Romero is a political sociologist whose research focuses on political behavior and race/ethnicity. The research and reports of the Center seek to explain patterns of voting and political underrepresentation, particularly among youth and communities of color in California and the U.S.

Unlocking the Power of Medical-Legal Partnerships

Ally Kvidt — Tue, 08 Jul 2025 11:00:15 +0000

A doctor and lawyer discuss the success of medical-legal partnerships (MLPs) on Talk Justice. They describe how MLPs support communities, improve patient outcomes and help to alleviate the burden on the health system. By allowing medical and legal professionals to collaborate and address the root causes of health problems that have legal solutions, MLPs promote a holistic approach to healthcare.

Protecting Whistleblowers with Louis Clark

Ally Kvidt — Tue, 01 Jul 2025 11:00:44 +0000

For over 40 years, Louis Clark has led the Government Accountability Project (GAP), an organization dedicated to protecting whistleblowers and ensuring government accountability. During the Trump administration, GAP is overwhelmed with the number of government employees seeking support in disclosing illegal, unethical, and fraudulent conduct. It is also addressing a new form of retaliation against whistleblowers, physical harm, and death threats. Learn more about the organization and its work at https://whistleblower.org.

EP 613- Fighting for Constitutional Rights Part 3

Ally Kvidt — Wed, 25 Jun 2025 11:00:25 +0000

Do you know how the government can define away your property rights? Or the basis for the Lemonade Freedom Movement? Through public interest litigation, Attorney David Roland fights for our mutual humanity.

New Data on Arizona and Utah’s Innovations After 5 Years of Legal Reform

Ally Kvidt — Tue, 24 Jun 2025 17:30:30 +0000

Stanford researchers discuss new data on legal services innovations in Arizona and Utah on Talk Justice. Five years ago, Arizona and Utah launched unprecedented experiments in legal services delivery. Now Stanford has published a report, “Legal Innovation After Reform: Five Years of Data on Regulatory Change,” which provides comprehensive data on what worked, what didn’t and what it means for expanding access to justice. These findings build on a previous report that the Rhode Center published after the first two years these regulatory reforms were enacted.

Women of Color: The MVPs of the Social Justice Movement with Vanessa Daniel

Ally Kvidt — Tue, 17 Jun 2025 11:00:12 +0000

Vanessa Priya Daniel’s first book, Unrig the Game: What Women of Color Can Teach Everyone About Winning, centers the work of women of color in social justice movements. Daniel discusses her personal journey from community organizer to the founder and Executive Director of Groundswell, a philanthropy organization committed to intersectional organizing. She shares the three superpowers of successful WOC leaders that we can all adopt: a 360 vision, boldness, and generosity.

EP 612- Fighting for Constitutional Rights Part Two

Ally Kvidt — Wed, 11 Jun 2025 11:00:11 +0000

Our conversation with Constitutional lawyer David Roland continues as he discusses recent challenges to your rights and how you can hold task forces and government accountable.

The True Impact of Eliminating LSC for Everyday Americans

Ally Kvidt — Tue, 10 Jun 2025 15:30:29 +0000

A judge, legal aid director and legal aid client come together to discuss the potential impact of the White House’s proposal to eliminate the Legal Services Corporation (LSC) on the latest episode of Talk Justice. On May 30, the Trump Administration announced its proposed federal budget for 2026, calling for the elimination of LSC. In light of this, Flagg guides the guests through a conversation about the tangible impacts of defunding civil legal services, explaining how the impact will be felt at every level.

Birthright Citizenship, Trump’s Executive Order, & a SCOTUS Showdown

Ally Kvidt — Fri, 06 Jun 2025 11:00:50 +0000

On January 20th, 2025, President Trump issued Executive Order (EO) 14160, limiting birthright citizenship. This was met with backlash, as the constitutionality of the order was questioned. On May 15, 2025 SCOTUS heard oral arguments regarding a challenge to the order and a decision is expected to be released by late June or early July 2025. The courts have temporarily blocked the implementation of the Executive Order while constitutional challenges proceed.

In this episode, Craig is joined by David C. Baluarte, Senior Associate Dean for Academic Affairs and a Professor of Law at CUNY School of Law. Together, Craig and Dean Balaurte discuss Trump’s executive order to end birthright citizenship, recent oral arguments before SCOTUS, the constitutional fight for birthright citizenship, and the potential impact of this upcoming decision.

Mentioned in this Episode:

United States v. Wong Kim Ark

How a Florida murder and an unlikely justice created a ‘criminal procedure revolution’

Ally Kvidt — Wed, 04 Jun 2025 11:00:29 +0000

In Chambers v. Florida and the Criminal Justice Revolution, historian and former ABA Journal reporter Richard Brust lifts the veil on a case that laid the groundwork for some much more famous civil rights victories.

On May 13, 1933, shopkeeper Robert Darsey was robbed and murdered in Pompano, Florida. Four Black migrant farm workers—Izell Chambers, Walter Woodard, Jack Williamson and Charlie Davis—were seized and pressured by the local sheriff into confessing to the murder under threat of lynching. Their appeals eventually reached the U.S. Supreme Court through the efforts of some dedicated African American attorneys, and succeeded in 1940.

In Justice Hugo Black’s written opinion for the majority, the justice drew parallels between the Jim Crow regime in the American South and the rise of authoritarianism and fascism in Europe. Chambers v. Florida forbade the use of psychological coercion—such as threatening to turn prisoners over to lynch mobs—as well as physical abuse to extract confessions. The court’s ruling declared that the protections of the Bill of Rights extended into states’ criminal cases, and began to change the kinds of cases that made it onto the Supreme Court docket.

Brust sees it as part of a trio of cases, which includes Moore v. Dempsey (1923) and Brown v. Mississippi (1936), that led to a “criminal procedure revolution,” he tells the ABA Journal’s Lee Rawles.

In this episode of The Modern Law Library, Brust discusses the lawyers who worked on the case, most prominently Simuel D. McGill, a Black attorney in Jacksonville. He delves into the generational differences between the Floridian defense lawyers and the attorneys of the NAACP’s Legal Defense Fund who would go on to win key civil rights battles. He explains why Justice Black would have been considered an unlikely author for this opinion. And he shares what he could discover about the fates of Chambers, Woodard, Williamson and Davis after the trial.

Making It Easy to Give Back with Anna Chu

Ally Kvidt — Tue, 03 Jun 2025 11:00:13 +0000

We The Action has a simple premise – lawyers have the power to do good. The organization started in 2017 to help connect lawyer with pro bono causes, from immigration and domestic violence representation to non-profit governance and tax issues, from voting rights to copyright. Anna Chu, the Executive Director, describes how nimble organization started the Federal Workers Defense Network to provide pro bono support for the thousands of federal workers who were fired from their positions in violation of law and without legal process. You can find pro bono opportunities at https://wetheaction.org/lawyers

Exclusive Remedy: The “Great Bargain” (and the Exceptions)

Ally Kvidt — Mon, 02 Jun 2025 11:00:10 +0000

Let’s talk about the “exclusive remedy,” what it means, why Workers’ Comp matters, and the exceptions. The concept of exclusive remedy is based on the principle that in exchange for care and benefits, a worker injured on the job may surrender some options for additional remedies.

If you’re covered by Workers’ Comp, the ability to challenge the employer in court for injuries and pain and suffering may be limited. Workers’ Comp is the remedy. We are covered by Workers’ Compensation because that can be a good thing, but we may give up the right to sue. Ideally, it’s a fair deal for workers and employers. “The Great Bargain.”

But there are twists and turns. Negligence, bad faith, family medical leave needs, disabilities, “double compensation,” and third-party interests all add to the puzzle. When does an injured worker get the “green light” to seek compensation outside of the exclusive remedy?

And what about non-injury damages like defamation, malicious prosecution, slander, or mental anguish? Or what if a “leased” employee (think temp agencies) is hurt? While the exclusive remedy simplifies the management of workplace injuries in many cases, it’s not always as clear as it seems, and it’s important to know where the exceptions lurk. The goal is always to make injured workers whole. Every case matters.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

EP 611- Fighting for Constitutional Rights Part One

Ally Kvidt — Wed, 28 May 2025 11:00:30 +0000

David Roland founded the Freedom Center of Missouri to pursue legal protection of our constitutional rights to economic liberty and free speech. Our three-part series is a vital refresher on landmark cases and our ongoing responsibility to litigate for freedom.

Civil Legal Aid’s Strong Return on Investment

Ally Kvidt — Tue, 27 May 2025 16:00:01 +0000

In April, LSC published a research brief, “The Economic Case for Civil Legal Aid,” which shows the results of a systematic review of 56 economic impact studies conducted between 2003 and 2023. The independent evaluations examined 39 different states. Every study found a positive return on investment (ROI) for civil legal aid spending, with an average return of $7 for every $1 invested in these legal services. Hear one compelling example from a medical-legal partnership between Amerihealth Caritas D.C. and Children’s Law Center.

The Fight Against Threats to Judicial Independence

Ally Kvidt — Fri, 23 May 2025 14:20:13 +0000

Chief Justice John Roberts recently called out the Trump administration for their threats to impeach judges who have ruled against them.

In response to these threats to the judiciary, the Keep Our Republic’s Article III Coalition, composed of over twenty former federal district and circuit judges appointed by Presidents Reagan, George H.W. Bush, Clinton, George W. Bush and Obama, defended the federal judiciary, as political impeachment attempts against judges increase and the federal courts system face heightened scrutiny.

In this episode, Craig is joined by Chief Judge Paul R. Michel, formerly of the U.S. Court of Appeals for the Federal Circuit and member of Keep Our Republic’s Article III Coalition. Together, Craig and Judge Michel discuss the calls for impeachment of judges by the current administration, and how a coalition of judges is fighting back.

Mentioned in this Episode:

Keep Our Republic’s Article III Coalition

Protecting and Providing Due Process with Erika Pinheiro

Ally Kvidt — Tue, 20 May 2025 11:00:55 +0000

Erika Pinheiro serves as the Executive Director of Al Otro Lado providing holistic legal and humanitarian support to refugees, deportees, and other migrants in the US and Tijuana through a multidisciplinary, client-centered, harm reduction-based practice. The organization provides direct, free, legal services on both sides of the US-Mexico border and beyond through zealous individual representation, medical-legal partnerships, and impact litigation to protect the rights of immigrants and asylum-seekers.

Revisiting Texas’ Mental Health Court Programs

Ally Kvidt — Thu, 15 May 2025 11:00:42 +0000

In honor of Mental Health Awareness Month, we’re revisiting this powerful conversation about how Texas courts are addressing mental health challenges through reform and rehabilitation.

Should our criminal courts exist to punish or reform those who have broken the law? Rocky Dhir talks with Judge Brent Carr about his years of service in the Tarrant County Mental Health Court and the broader efforts across Texas to support people with mental illness in the justice system. They explore programs tackling issues from sex trafficking to drug offenses, veterans’ cases, and more.

When Private Businesses Partner for Pro Bono Good: Koch and Kansas

Ally Kvidt — Tue, 13 May 2025 14:15:33 +0000

Guests from a Kansas pro bono partnership discuss how private businesses and in-house attorneys can support legal aid initiatives in their communities on Talk Justice. In 2017, Koch was interested in making pro bono work an official part of the company, but learned that Kansas rules did not allow in-house attorneys who are licensed by outside states to provide local pro bono services. Koch worked with KLS to get the rule changed, demonstrating that the demand for free legal help greatly exceeded the supply of legal aid lawyers. Ever since, Koch attorneys have engaged in an ongoing partnership with KLS to provide pro bono expungement and driver’s license restoration clinics.

Reclaiming Civility with Cassandra Dahnke and Tomas Spath

Ally Kvidt — Tue, 06 May 2025 11:00:06 +0000

Thirty years ago, Cassandra Dahnke and Tomas Spath founded the Institute for Civility with the goal to promote civility—in government, workplaces, schools—and to catalyze change. They describe their journey, how they define civility, what they have learned about reducing polarization, and why they have hope for the future. https://www.instituteforcivility.org/.

When Undocumented Immigrants Are Hurt at Work

Ally Kvidt — Tue, 29 Apr 2025 11:00:12 +0000

These are unprecedented times for the rights of immigrant workers in the United States. The current political climate has thrown a wrench into the Workers’ Compensation system when it comes to workers without documentation. Understanding the system can help.

Guest Enrique Flores is the founder of the Flores Law Group in Indianapolis, Indiana, and a leader in immigrant workers’ rights. The son of immigrant parents, he says immigrant workers have always sought to live and work unnoticed, “invisible.” But in today’s charged political climate, the fear is real.

When an undocumented worker contacts you for legal assistance, understanding the Workers’ Comp laws in your state is vital. Times may change, but the law and protections haven’t. The law provides benefits for people who are injured at work. What’s changed for workers is the importance of living a lawful life. Clients should stay out of legal trouble, ensure their car is legally registered and in working order, and avoid giving anyone a reason to question them.

At the workplace, if immigration services show up (ICE), clients should know to stay calm and carry what are called “red cards” detailing their rights along with the card of an attorney they can call. The law still works for injured workers, no matter their immigration status. For attorneys, a little proactive outreach to the community could go a long way.

If you have thoughts on Workers’ Comp law or an idea for a topic or guest you’d like to hear, contact us at JPierce@ppnlaw.com or APierce@ppnlaw.com.

‘Secrets of the Killing State’ exposes realities of lethal injection

Ally Kvidt — Wed, 23 Apr 2025 11:00:04 +0000

Execution by lethal injection is seen by many Americans as a less barbaric alternative than older methods like hanging, firing squads and electrocution. It is easy to assume that the process must resemble euthanasia procedures for terminally ill people or pets. The reality is very different, says Corinna Barrett Lain, a law professor and death penalty expert.

Lain didn’t initially intend to make the death penalty her primary area of study, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. A former prosecutor in Virginia, Lain did not begin her work out of opposition to the death penalty. But the more she discovered about the realities of the administration of lethal injections, the more she was compelled to demystify the process.

In Secrets of the Killing State: The Untold Story of Lethal Injection, Lain upends a lot of conventional wisdom about lethal injections. For example, the three-drug protocol used by most states was not a drug cocktail arrived at through scientific research. Rather, in 1977, after the U.S. Supreme Court allowed executions to resume after a 10-year hiatus, Oklahoma medical examiner Dr. Jay Chapman was asked by a state legislator to come up with an alternative to the state’s rickety electric chair. Though Chapman admitted he was “an expert in dead bodies but not an expert in getting them that way,” he proposed combining sodium thiopental, pancuronium bromide and potassium chloride. “You wanted to make sure the prisoner was dead at the end, so why not add a third drug,” the book quotes Chapman as saying. “Why does it matter why I chose it?” In contrast, an overdose of a single drug, pentobarbital, is what is commonly used by veterinarians in animal euthanasia.

“Lethal injection is not based on science,” Lain writes. “It is based on the illusion of science, the assumption of science.”

In this episode, Lain and Rawles also discuss botched executions, shady sources used by states to procure the drugs used for lethal injections, and how Lain’s scholarship has impacted her views of capital punishment as a whole.

Moving from Conflict to Collaboration to Prevent Evictions

Ally Kvidt — Tue, 22 Apr 2025 14:15:42 +0000

Experts discuss improving housing stability through collaboration between landlords, legal aid and other partners on Talk Justice. This panel discussion was recorded at LSC’s April 9 Access to Justice forum. LSC recently released a research brief on this topic, “Beyond Eviction: Landlords as Essential Partners in Housing Stability.”

Respecting and Protecting our Seniors with Christine Winge

Ally Kvidt — Tue, 15 Apr 2025 11:00:29 +0000

Meals on Wheels does more than just provide home delivery of healthy food for Seniors. President Christine Winge reminds us that maintaining human connection is a critical and essential part of physical and mental health as we grow older and risk becoming more isolated.

The AI Legal Impacts All Lawyers Should Know

Ally Kvidt — Mon, 14 Apr 2025 11:00:43 +0000

With the explosion of AI products, apps, software integrations, and more, many attorneys have no small amount of nervousness about whether they should trust this technology and, if so, how to use it to their advantage. To discuss AI’s current place in legal work and its future potential, Molly Ranns and JoAnn Hathaway welcome Sateesh Nori, legal innovation strategist and professor at NYU School of Law. They examine the many helpful uses for AI in everyday legal work, discuss AI in access to justice, and address the ethical and regulatory questions surrounding this technology. Later, Sateesh looks ahead to consider what legal professionals and law students should do to prepare themselves for a future with increasing AI use in the practice of law.

Sateesh Nori is a lawyer, law professor, senior non-profit executive, legal strategist, and author of “Sheltered: Twenty Years in Housing Court”.

Preventing Harm Amidst the AI Hype

Ally Kvidt — Tue, 08 Apr 2025 11:00:21 +0000

Legal and tech experts come together on Talk Justice to discuss what generative AI is, how the growth of algorithmic decision-making can harm low-income people, and the need for people and institutions implementing AI to develop robust methodologies.

The Moral Call to Protect Children with Beth Wilbur

Ally Kvidt — Tue, 01 Apr 2025 11:00:37 +0000

After a long career in the corporate world, Beth Wilbur decided she would serve children as the Executive Director of Court Appointed Special Advocates (CASA) of Monterey County. She discusses the incredible work that CASA volunteers do to support children in the foster care system and how they change lives through their efforts. She describes her motivation as a moral call to protect children.

Empowering Individuals with Legal Tune Up

Ally Kvidt — Tue, 25 Mar 2025 15:20:19 +0000

Guests from a Wisconsin program creating web platforms that help users solve legal problems discuss their Legal Tune Up tools on Talk Justice. LIFT, or Legal Interventions for Transforming Wisconsin, was formed by lawyers and nonprofit leaders who wanted to create resources to address the access to justice crisis in their state. Leveraging the state’s public databases like Wisconsin Circuit Court Access, commonly referred to as CCAP, they have developed free, web-based tools that allow users to identify and solve some of their civil legal issues without assistance from a lawyer.

Where do You Go When the Taxman Calls? with Lisa Sperow

Ally Kvidt — Tue, 18 Mar 2025 11:00:53 +0000

Lisa Sperow is the Executive Director of the Cal Poly Low Income Taxpayer Clinic. The clinic provides free representation to low-income taxpayers in disputes with the IRS. Many of the clinic’s clients have nowhere else to seek help when they receive frightening notices from the IRS. It is even more alarming for taxpayers who do not speak English and who are completely unfamiliar with the process and documents necessary to respond to government claims, even if the claims are in error. As Lisa says, “this program helps ensure the fairness and integrity of the tax system by educating low-income taxpayers about their rights and responsibilities and by ensuring that their individual rights are protected.”

Scaling and Improving Legal Tech Projects

Ally Kvidt — Tue, 11 Mar 2025 14:20:34 +0000

Legal tech innovators discuss how they are working to scale and improve their successful projects on Talk Justice. FosterPower and Legal Aid Content Intelligence (LACI) leverage technology to make high-quality legal information available to people for free online. Both also received Technology Initiative Grants (TIG) from the Legal Services Corporation to launch their projects. Then, in 2024 they were both selected for a different TIG, called the Sustainability, Enhancement and Adoption (SEA) grant. This funding supports TIG projects that have demonstrated excellent results as they improve their tools and work to increase uptake.

A Conversation with Cook County State’s Attorney Justice Eileen O’Neill Burke

Ally Kvidt — Wed, 05 Mar 2025 12:00:50 +0000

A surefire place to learn the ins and outs of being a trial attorney is at the Cook County State’s Attorney’s Office. The CCSAO prosecutes tens of thousands of cases each year and is deeply committed to the pursuit of justice to provide greater safety and well-being to Cook County residents. Tracy Brammeier and Maggie Mendenhall-Casey welcome new Cook County State’s Attorney Justice Eileen O’Neill Burke to learn about her plans for the CCSAO. In their wide-ranging discussion, they dig into plans for strengthening the office through new training and hiring initiatives; talk through major crime issues including gun crimes, theft, and domestic violence; discuss the need for more connected systems and communications in the county’s justice system; and much, much more.

Empowering Young People to Reach Their Potential with Cathy Sakimura

Ally Kvidt — Tue, 04 Mar 2025 12:00:08 +0000

Cathy Sakimura has spent her entire professional life empowering young people, first as a youth organizer, then as the Deputy Director at the National Center for Lesbian Rights, and now as Executive Director of Legal Services for Children (LSC) in San Francisco. In this episode, Cathy describes why she has dedicated her life to serving children and families, how she manages the challenges, and what each of us can make a difference in a child’s life, including donating money to LSC because it lost its federal funding that allowed it to serve immigrant children in detention. https://secure.everyaction.com/cVYzZjzhqkC12TIE2v3q7A2

Texas’ Longest-Serving Supreme Court Justice Nathan Hecht on Improving Access to Justice and the Courts

Ally Kvidt — Thu, 27 Feb 2025 15:00:18 +0000

The 27th Chief Justice of the Supreme Court of Texas, the Honorable Nathan L. Hecht retired from the bench at the end of 2024 as the longest-serving member in the history of the Texas Supreme Court. In this conversation, Hecht reflects on how his time on the bench shaped his perspective on access to justice. He describes the current challenges that civil courts face and shares what recent innovations he finds most exciting.

Partnering to Protect Human Rights by Protecting Our Planet with Brad Adams

Ally Kvidt — Tue, 18 Feb 2025 12:00:38 +0000

Brad Adams and Climate Rights International believe that progress on climate change cannot succeed without protecting human rights – and the fight for human rights cannot succeed without protecting our planet against climate change. Brad and CRI work in partnership with local and international groups, activists, and affected communities to demand justice and accountability from powerful interests.

100 Episodes of Talk Justice—What We’ve Learned So Far

Ally Kvidt — Tue, 11 Feb 2025 15:15:14 +0000

In celebration of its landmark 100th episode, Talk Justice hosts join in a special conversation about the most memorable guests, moments and lessons from the show. In addition to show highlights, they also consider the larger discourse around the civil justice system. Talk Justice originally launched in August of 2020. The podcast has brought together legal experts, technologists, business leaders, community organizers and government officials for thoughtful conversations about ending the access-to-justice crisis.

A new media kit and resource page about the show is now available online.

Pro Bono Passion Perseveres Pre- and Post-Pandemic with Fawaz Bham

Ally Kvidt — Tue, 04 Feb 2025 12:00:35 +0000

Providing pro bono service to small businesses in Dallas, Texas not only persevered through the pandemic – it expanded. The innovative program developed by attorney Fawaz Bham coordinated more than 40 law firms and community organizations through a transition from in-person to remote clinics to sustain a program that has served over 25,000 clients. Bham’s efforts were recognized by the 2024 American Bar Association’s Pro Bono Publico Award for exceptional volunteer public service.

Talking AI for Access to Justice at the 25th Innovations in Technology Conference

Ally Kvidt — Tue, 28 Jan 2025 12:00:34 +0000

Recorded live from the 25th annual Innovations in Technology Conference (ITC), legal tech experts discuss their artificial intelligence (AI) projects and AI’s future potential for expanding legal services on Talk Justice. The live podcast recording at ITC took place in Phoenix, Arizona on January 14. At the conference, more than 700 professionals from legal, tech and other backgrounds gathered to attend panels and join conversations about access to justice, legal aid, courts and the evolving role of technology. AI was a major theme at the conference, where more than 300 people also attended a pre-conference AI Summit.

Advocating for Native American Rights, A 50+ Year Journey Still Underway with John Echohawk

Ally Kvidt — Tue, 21 Jan 2025 12:00:20 +0000

John Echohawk has served as Executive Director of the Native American Rights Fund (NARF) since 1977. Under John’s inspired and continuing leadership, NARF has successfully asserted and defended the most important rights of Indians and tribes in hundreds of major cases, and has achieved significant results in such critical areas as tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education.

Self-Help Legal Kiosks Create Adaptable Access

Ally Kvidt — Tue, 14 Jan 2025 12:00:23 +0000

Legal aid and tech experts discuss self-help kiosks on the latest episode of Talk Justice. The under-resourcing of legal aid makes it impossible to provide meaningful legal help to every person who needs it. Many providers build and share educational materials and self-help resources online to help fill the gaps, but those without access to a personal computer or smartphone may not be able to access these resources. Self-help legal kiosks offer adaptable access.

Transgender Prisoner Rights with Alan Mills

Ally Kvidt — Thu, 09 Jan 2025 12:00:22 +0000

Throughout the history of our justice system, transgender prisoners’ issues have largely been ignored. Is that intentional indifference still predominant in the current landscape of our prisons? Nikki Marcotte and Trisha Rich talk with Alan Mills of the Uptown People’s Law Center about his career in prisoner rights litigation, including his work in the Monroe case and his opinions on the recent decision made by the 7th Circuit US Court of Appeals in Monroe v. Bowman. They discuss the issues surrounding gender affirming care in Illinois prisons, the impacts of politics and media, and how attorneys can get involved in prisoner rights issues.

Alan Mills is Executive Director at Uptown People’s Law Center in Chicago, Illinois.

Dream.org Sets the Tone for Optimism in Action with CEO Nisha Anand

Ally Kvidt — Tue, 07 Jan 2025 12:00:34 +0000

Nisha Anand, the Chief Executive Officer of Dream.org, joins SideBar to discuss how she builds bridges across political divides to find real solutions. Nisha employs the “radical act of finding common ground” with unlikely allies while still staying true to her progressive values. She provides a hopeful message that collaboration can achieve change and overcome polarization and political divides.

The Banning of TCE & PCE, and the Future of the EPA

Ally Kvidt — Fri, 20 Dec 2024 12:00:24 +0000

On December 9th, 2024, the U.S. Environmental Protection Agency announced the banning of two chemicals found in products used primarily in the automobile, dry-cleaning, and manufacturing industries, but also found in some household products like cleaning wipes, paint removers, glues, and wig adhesives. The two solvents, Trichloroethylene, also known as TCE, and Perchloroethylene, also known as PCE or Perc, have been linked to cancer and other severe health issues.

With the banning of TCE & PCE, the future of the EPA will be under Trump rule come January 20th, 2025. So what will be the impact of the TCE & PCE ban? And will there be a major overhaul of the EPA and an undoing of Biden’s regulations under Trump? In this episode, Craig is joined by Professor Wendy Wagner from The University of Texas at Austin School of Law. Craig & Wendy discuss the recent banning of TCE & PCE by the EPA, and the future of the EPA under a second Trump presidency.

Can Tech Simplify Pro Bono?

Ally Kvidt — Thu, 19 Dec 2024 16:30:23 +0000

Legal experts share the impactful tech projects they have contributed to, and the struggles and successes of getting volunteer lawyers to engage with tech tools on Talk Justice. Oswald’s project at Legal Aid Society uses automation and AI to handle record expungements more efficiently. Seely has seen great success from a project that allows people with medical debt from Chattanooga’s Erlanger Hospital to engage in alternative dispute resolution fully online.

The Modern General Counsel: New Roles, Rules and Responsibilities

Ally Kvidt — Tue, 17 Dec 2024 12:00:28 +0000

In this episode of the Legal Report from Robert Half, host Jamy Sullivan (executive director, legal, Robert Half) and guest Amy Yeung (legal executive and board member) focus on the evolving role of the modern general counsel. From chief legal officer to strategic business leader, they discuss the new rules and responsibilities of today’s general counsel, the role technology plays and best practices for success.

New Season and New Format – SideBar: Optimism in Action with Jackie Gardina and Mitch Winick

Ally Kvidt — Tue, 17 Dec 2024 12:00:15 +0000

Seasons one and two of SideBar featured discussions with authors, lawyers, and academics discussing challenges to our individual constitutional and civil rights. Each of our episodes ended with our featured guests providing recommendations on how each of us can contribute to solutions for the common good. Season three of SideBar is going to flip the narrative. We are featuring lawyers, nonprofit leaders, activists, and community members who are already accomplishing extraordinary work that is improving the humanitarian, public policy, and charitable needs of our local, national, and global communities. We hope that you will join us for this season of SideBar as we meet individuals and organizations who prove through their actions that opportunities to influence positive change exist for each of us. We are calling this season of SideBar — “Optimism in Action”.

New Report Builds a Framework for Civil Justice Innovation

Ally Kvidt — Tue, 10 Dec 2024 15:15:51 +0000

Legal scholars discuss the American Academy of Arts & Sciences’ new report, “Achieving Civil Justice: A Framework for Collaboration,” on Talk Justice. Since 2014, the Academy’s Making Justice Accessible project. has highlighted the scale of the civil justice gap by recognizing its social, economic and human costs, and calling for improved data collection. The project is also looking ahead to set standards for civil justice and to ensure all Americans have meaningful access to justice.

Abortion Rights & Challenges Ahead

Ally Kvidt — Fri, 06 Dec 2024 12:00:51 +0000

Back in 2022, the U.S. Supreme Court overturned 50 years of precedent, overruling Roe v. Wade. Leading up to the presidential election, abortion was a hot button issue and appeared on ballots across the states.

Since the election, former President Trump has publicly denied that he would support a national abortion ban, and has said that he believes abortion should be left to the states. So what happens now? In this episode, Craig is joined by Kimberly Mutcherson, Professor of Law and former Co-Dean at Rutgers Law School and currently the Phyllis W. Beck Chair in Law at Temple University Beasley School of Law. Craig & Kim reflect on what has transpired after the Roe v. Wade decision, and discuss abortion rights and the challenges ahead.

A Justice’s Legacy: A Conversation with Chief Justice Nathan Hecht

Ally Kvidt — Thu, 05 Dec 2024 12:00:34 +0000

Chief Justice Nathan L. Hecht is the longest serving member in the history of the Supreme Court of Texas and the longest tenured Texas judge in active service. As he nears his well-deserved retirement, Rocky Dhir welcomes Chief Justice Hecht to the podcast to learn about his many years in service to the Texas legal system. They discuss his career path, the behind-the-scenes work judges do within courts, his efforts to improve access to justice, his advice for lawyers, and much more.

Nathan L. Hecht is the 27th Chief Justice of the Supreme Court of Texas. He has been elected to the Court seven times, first in 1988 as a Justice and then in 2014 and 2020 as Chief Justice.

Space Law Really is the New Frontier with Chris Hearsey

Ally Kvidt — Tue, 03 Dec 2024 12:00:33 +0000

SideBar guest Chris Hearsey has spent over ten years working in international space collaborations, space exploration technologies, and other aerospace applications. His work has contributed to advancements in space law, policy, and technology. Chris is known for his visionary approach and commitment to pushing the boundaries of space capabilities, developing sustainable space technologies, and fostering an economic ecosystem conducive to innovation and growth.

Justice and Support for Veterans with Substance Use Disorders

Ally Kvidt — Tue, 26 Nov 2024 12:00:01 +0000

Veterans and legal experts discuss wrap-around services to address the needs of veterans with substance use disorder on Talk Justice. Many veterans live with mental or behavioral health challenges, including traumatic brain injury, post-traumatic stress disorder and substance use disorder. Approximately 1 in 10 veterans returning from Iraq and Afghanistan suffers from some form of substance abuse. And according to the U.S. Department of Veterans Affairs, the rate of opioid use disorder among veterans is almost double that of the general population. Civil legal aid, the U.S. Department of Justice and Veterans Courts provide vital assistance for veterans facing a substance use disorder, from obtaining health care benefits to securing treatment. This discussion originally took place at LSC’s November 19 event, “Honor in Justice: Supporting America’s Veterans.”

Recent Legal Developments in Pay Equity and Transparency

Ally Kvidt — Tue, 12 Nov 2024 23:00:02 +0000

Unpack the complexities of pay equity and transparency with esteemed attorneys Erin M. Connell, representing employers, and Anne B. Shaver, representing employees. Throughout the episode, we’ll explore the legal nuances of fair pay practices, explain the difference between “pay equity” and the “pay gap,” and examine how new pay transparency laws are transforming workplaces across the U.S. and beyond.

Erin and Anne also discuss recent trends, including why leveling the job before hiring is crucial, the impact of salary disclosure laws in states like Colorado and California, and how companies are adapting to increased pressure for fairness from both employees and shareholders. Together, they provide practical insights for navigating these changes, whether you’re an employer or employee. Plus, they touch on the growing influence of AI in hiring and compensation decisions and highlight what’s on the horizon for labor and employment law.

Erin M. Connell is Co-chair of Orrick’s EEO & OFCCP Compliance Group, representing employers in high-stakes employment litigation and leading in equal employment law, pay equity, and compliance.

Anne B. Shaver, a partner specializing in employment and antitrust class actions, represents certified classes of female employees in equal pay and gender discrimination cases against Google and Goldman Sachs, and workers impacted by no-poach agreements in fintech and franchise industries.

How Collaboration Powers Legal Aid’s Hurricane Response

Ally Kvidt — Tue, 12 Nov 2024 15:30:01 +0000

Legal aid staff in Florida, Georgia and North Carolina discuss their wide-ranging hurricane response efforts on Talk Justice. In the wake of devastating hurricanes in the southeast, legal aid organizations are mobilizing to provide emergency assistance and recovery services. The legal aid providers stress the importance of legal services becoming engrained in the disaster response ecosystem so that other recovery organizations know to refer people to legal aid, and legal aid knows where to refer clients with non-legal issues.

Pharma Fallout: How Harrington v. Purdue Pharma Will Impact Bankruptcy Law

Ally Kvidt — Thu, 07 Nov 2024 12:00:07 +0000

In the wake of the incredible harm caused by the opioid crisis, the outcome of the Purdue Pharma case argued in the United States Supreme Court garnered national attention. What impacts might this case have in bankruptcy court proceedings in the future? To unpack the details and gain understanding of the bankruptcy issues at play, Rocky Dhir talks with attorneys Elias Yazbeck and Michael Wombacher. They discuss the backstory of Purdue Pharma and the Sackler family, the journey of the case through the courts, and insights into the reasoning behind the Supreme Court’s decision, with a particular focus on the conflict over nonconsensual third-party releases.

Learn more about the case here: 23-124 Harrington v. Purdue Pharma L.P. (06/27/24)

Elias M. Yazbeck is an associate attorney in the Houston office of McGinnis Lochridge, LLP.

Michael Wombacher is an associate attorney at McDermott Will & Emery in Dallas, Texas.

Michael represented the Committee of Unsecured Creditors in the Robertshaw case: Case number: 8:23-bk-80004 – Ebix, Inc. – Texas Northern Bankruptcy Court.

‘Watchdogs’ author has no regrets about choosing civil service over the NBA

Ally Kvidt — Wed, 06 Nov 2024 12:00:35 +0000

Glenn Fine’s career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day.

What Fine would later discover was that mobsters had bribed Boston College players to play worse to keep the game tight and not cover the point spread. Henry Hill and Jimmy Burke–later portrayed by Ray Liotta and Robert De Niro in the movie Goodfellas were part of the point-shaving scheme.

Fine would later be drafted in the 10th round of the NBA draft by the San Antonio Spurs, but it was the anti-corruption law that stuck, not basketball.

Fine took a job out of law school as a prosecutor in Washington, D.C., and joined the Office of the Inspector General at the Department of Justice in 1995. He would go on to serve as Inspector General at the DOJ from 2000 to 2011, then at the Department of Defense from 2015 until 2020. He was one of the five inspectors general fired by then-President Donald Trump in what the Washington Post referred to as the “slow-motion Friday night massacre of inspectors general.”

But what do inspectors general do? It’s a question Fine wants to answer with his book, Watchdogs: Inspectors General and the Battle for Honest and Accountable Government. In this episode of the Modern Law Library, Fine and the ABA Journal’s Lee Rawles discuss the function, history and importance of the position, along with ways Fine believes government oversight can be improved.

As of the book’s publication in 2024, there are 74 inspector general offices at the federal level, with more than 14,000 employees. As the IG for the Department of Defense, Fine oversaw the largest office, with some 1,700 employees. Inspectors general conduct independent, non-partisan oversight investigations into waste, fraud, misconduct and best practices, and deliver their reports and recommendations to Congress and the agencies involved. The IGs cannot enforce the adoption of recommendations, but their work acts as the “sunshine” for disinfection, Fine says.

One major recommendation Fine makes in Watchdogs is that an inspector general be established for the U.S. Supreme Court and the federal judiciary, who could perhaps file their reports to the chief justice or the head of the Administrative Office of the U.S. Courts. Fine points to judicial ethics concerns and polls finding public trust in the Supreme Court at historic lows, and argues one way to increase public trust is through the transparency provided by an inspector general.

Also in this episode, Fine offers advice for anyone considering a career in public service. Rawles and Fine discuss stories of his own investigations, including evaluating the claims of a whistleblowing scientist at the FBI laboratory and looking into how the infamous double-agent spy Robert Hanssen was able to fool his FBI superiors and pass intel to Soviets and Russians.

The Future of the Legal Profession Impacts Democracy with Ray Brescia

Ally Kvidt — Tue, 05 Nov 2024 12:00:46 +0000

Since colonial days, the legal profession has been proud of its role in the founding of the republic, the adoption of the U.S. Constitution, and the defense of democracy and the rule of law. However, the profession faces an existential crisis on which the American democratic experiment hinges, says law professor Ray Brescia, author of Lawyer Nation: The Past, Present, and Future of the American Legal Profession. If attorney unethical behavior surrounding the 2020 election repeats without disciplinary repercussions in 2024 . . . democracy itself is at risk.

Who Picks Your Presidential Candidate, Anyway? — A Conversation with DNC Delegate Aurora Austriaco

Ally Kvidt — Thu, 24 Oct 2024 11:00:15 +0000

In August, the city of Chicago welcomed the 2024 Democratic National Convention, and delegates formally selected Kamala Harris as the nominee for President following President Biden’s departure from the race. But, let’s back up a second. Where exactly did those nominating delegates come from? Chicago attorney Aurora Austriaco joins Maggie Mendenhall Casey and Tracy Brammeier to discuss her experience serving as an elected delegate at the 2024 DNC. Aurora outlines the process and responsibilities involved in becoming a delegate and shares highlights and impactful moments from the convention.

Aurora Austriaco is a Shareholder with Valentine Austriaco & Bueschel P.C., an all women owned law firm concentrating in the areas of commercial litigation, business litigation and real estate.

The Benefits of Professionalizing Pro Bono

Ally Kvidt — Tue, 22 Oct 2024 11:00:07 +0000

Experts discuss the professionalization of pro bono legal services on Talk Justice. Pro bono work is often thought of as a side project that lawyers perform, but legal aid organizations that can rely on full-time staff have increased opportunities to expand services and provide more intensive client service through pro bono. A growing number of people and firms are making pro bono their full-time occupations and bringing professionalism to this area of legal practice.

New Technology, New Regulation — Clio Cloud Conference 2024

Ally Kvidt — Mon, 21 Oct 2024 15:00:10 +0000

Are current tech regulations adequately keeping pace with rapid changes in the area of technology? Working together, what can lawyers and regulators do to move forward ethically—always with access to justice in mind? Speakers Jayne Reardon, Chris Bentley, and Phil Brown share highlights from their discussion on the current landscape of this area, with a particular focus on the justice gap. They share their ideology on improving legal service delivery with technology and encourage fellow legal professionals to be innovators and advocates for leveraging technology in the fight for greater access to justice.

Jayne R. Reardon is a Partner and Deputy General Counsel at FisherBroyles LLP, a distributed global law firm.

Chris Bentley is the Managing Director of the Legal Innovation Zone and the Law Practice Program, both housed at Toronto Metropolitan University.

Phil Brown is the Acting Director of Practice Supports and Resources at the Law Society of Ontario.

Equal Justice for All is Possible with Robert Tsai

Ally Kvidt — Tue, 15 Oct 2024 11:00:51 +0000

Stephen Bright made it his life’s work to unleash social change by representing unpopular clients–namely those on death row. Remarkably, he succeeded, winning all four cases he argued before the Supreme Court. Robert Tsai chronicles Stephen Bright’s decades long fight to ensure equality under the law that is still being challenged at the Supreme Court today.

How Can Legal Aid Hold On to Good Attorneys?

Ally Kvidt — Tue, 08 Oct 2024 15:30:52 +0000

Legal aid directors from Minnesota and Arkansas discuss their multi-faceted efforts to attract and retain high-quality attorneys and other staff on Talk Justice. It’s no secret that legal aid does not lead to the highest potential salaries in the profession. While legal aid has much to offer in terms of opportunities for high-impact, rewarding work, program directors must be creative to attract and retain staff with their limited resources.

The Return of Legal Vigilantism with David Noll and Jon Michaels

Ally Kvidt — Tue, 01 Oct 2024 11:00:35 +0000

David Noll and Jon Michaels, authors of Vigilante Nation, discuss the reemergence of state-supported vigilantism. Noll and Michaels explain the vigilante methods, from anti-abortion bounties to book bans to the January 6 attack on the Capitol. They also provide a path forward, outlining what needs to be done to stop these efforts.

Evidence Preservation: Who’s Responsible and What Happens When It’s Lost or Destroyed

Ally Kvidt — Thu, 26 Sep 2024 11:00:13 +0000

At the moment of conviction, the incentive to safeguard evidence diminishes in the eyes of the Criminal Justice System. That’s why it is critically important to act quickly to ensure evidence remains available for future appeals. Without it, your fight for freedom could be over before it even begins. In this episode, host Michael Semanchik is joined by Raquel Barilla, former Staff Attorney and Volunteer Coordinator at the California Innocence Project; Alissa Bjerkhoel, former Litigation Coordinator at the California Innocence Project; and Alex Simpson, former Associate Director and Resident Expert for Evidence Preservation at the California Innocence Project. Together, they discuss methods for preserving evidence. Tune in to learn what to do if the unthinkable happens.

Lawyers’ Role in the Making and Undoing of the A2J Crisis

Ally Kvidt — Tue, 24 Sep 2024 14:30:58 +0000

Legal experts discuss their research into civil legal services and initiatives for addressing the access to justice crisis. Stanford’s Rhode Center is partnering with the Legal Design Lab and the Superior Court of Los Angeles County to collaboratively research, design and implement innovative, evidence-based approaches to improve access to justice for court users. Also, a look into the history of auto clubs shows how UPL has evolved.

What does the future hold for licensed paraprofessionals?

Ally Kvidt — Wed, 18 Sep 2024 11:00:09 +0000

Much has been made of the gigantic access-to-justice gap in this country. One possible way to help bridge the gap is to expand the pool of people eligible to practice law. Of course, that raises age-old concerns about unauthorized practice of law.

Pardon My Concerns – Should We Put Limits on Presidential Pardons? with Kim Wehle

Ally Kvidt — Tue, 17 Sep 2024 11:00:04 +0000

Like all discretionary authority, the pardon power is only as virtuous as the person who controls it. Kimberly Wehle, author of the new book, Pardon Power: How the Pardon System Works – and Why demonstrates that it can be a righteous tool to remedy wrongful convictions, but it also can be used to obstruct investigations, benefit political allies, and reward the President’s friends and family. As the author of What You Need to Know about Voting—and Why, Kim also challenges efforts to distort or disrupt the U.S. electoral system for selecting the president and warns that vigilance is necessary, locally and nationally.

The Luis Vargas Story: Misidentified as the “Teardrop Rapist”

Ally Kvidt — Thu, 12 Sep 2024 11:00:45 +0000

Luis Vargas was wrongfully convicted after three separate witnesses misidentified him as the “Teardrop Rapist.” Sixteen years later, DNA linked to the uncaught serial sex offender was found in one of the victim’s clothing from the crime. But for that evidence being preserved, Luis Vargas would have spent the rest of his life behind bars. This is his story.

Do Existing Legal Ethics Rules Cover AI?

Ally Kvidt — Tue, 10 Sep 2024 15:20:55 +0000

Dean Andrew Perlman of Suffolk Law School joins host Cat Moon for a discussion of generative artificial intelligence (AI) and legal ethics on Talk Justice. Perlman authored an article in February of this year, “The Legal Ethics of Generative AI,” which describes how lawyers can use generative AI while satisfying their ethical obligations.

What Really Happens After a Trial: Taking A Closer Look at Post-Conviction Law with Professor Lee Kovarsky

Ally Kvidt — Thu, 05 Sep 2024 11:00:22 +0000

There is no way to truly prepare a client for life following a criminal conviction, and the aftermath of a defendant’s guilty verdict can be incredibly complex. Rocky Dhir welcomes Professor Lee Kovarsky to learn from his wealth of expertise on post-conviction law, mitigation investigations, capital defense teams, and more. They discuss nuances in this area of the law to help attorneys understand processes and needs for clients navigating this segment of our justice system.

Lee Kovarsky is the Bryant Smith Chair in Law and the Co-Director of the Capital Punishment Center at the University of Texas School of Law.

Does Our Current Constitution Provide the Protections and Rights We Need? with Dean Erwin Chemerinsky

Ally Kvidt — Tue, 03 Sep 2024 11:00:00 +0000

Berkeley Law Dean, author of No Democracy Lasts Forever: How the Constitution Threatens the United States asks the provocative question – is it time to consider drafting a new constitution? Is it absurd to think that a document drafted in the 18th Century can still protect democracy and individual rights in the 21st Century? Join the SideBar discussion about the challenges under the constitution to protect free speech, a democratic electoral system, diversity in higher education, and the status of the Equal Rights Amendment.

THE FTC, Noncompete Ban, and the Recent Ruling

Ally Kvidt — Fri, 30 Aug 2024 11:00:34 +0000

On April 23, 2024, the Federal Trade Commission issued a final rule to “ promote competition by banning noncompete agreements nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.” Noncompetes are agreements that prohibit workers from leaving their employers to join a competitor or start a rival business for a specific period of time.

However, the ban has been met with opposition. On August 14th, a federal judge in Florida ruled against the FTC’s proposed ban on most noncompete agreements. Back in July, a judge in the U.S. District Court for the Northern District of Texas temporarily blocked the FTC’s new rule. On August 20, 2024, U.S. District Judge Ada Brown found that the FTC lacked the statutory authority to issue the rule, set to go into effect on September 4th, 2024, blocking the rule nationwide.

In this episode, Craig is joined by Sandeep Vaheesan, the legal director at the Open Markets Institute, as they discuss the Federal Trade Commission’s ban of noncompete agreements. Craig & Sandeep look at the recent court rulings to block the FTC’s ban, the impact of the ban, and what this new ruling by Judge Brown means.

Eyewitness Misidentifications

Ally Kvidt — Thu, 29 Aug 2024 11:00:43 +0000

In the first 325 DNA exonerations, false identification accounted for 72% of the wrongful convictions. But how is that possible? The simplest explanation is that we are not as good at identifying each other as we think. Add to that a frightening encounter with someone of a different race with no time for the mind to process and you have the perfect formula for getting it all wrong.

Host Michael Semanchik sits down with retired Los Angeles Detective Greg McKnight, Distinguished Professor of Psychology John Wixted, and California Innocence Project Founder Justin Books to discuss the science of misidentifications and why so many people who were so sure got it so wrong.

A Deeper Look at Homelessness

Ally Kvidt — Tue, 27 Aug 2024 16:15:38 +0000

An attorney who has provided civil legal services to people experiencing homelessness shares her perspective on Talk Justice. Carolyn Perez is passionate about correcting common misconceptions around homelessness, saying those we see on the street are only “the tip of the iceberg,” and many families who are homeless are invisible. Perez also describes how legal problems like medical debt, domestic violence and natural disaster recovery contribute to the loss of housing.

The Erosion of LGBTQ+ Rights with Roberta Kaplan and Brandon Trice

Ally Kvidt — Tue, 20 Aug 2024 11:00:58 +0000

In the last several years, there have been a wave of anti-LGBTQ laws passed across the country and ACLU is tracking 547 new bills in the 2024 legislative session. Robbie Kaplan and Brandon Trice describe their success challenging one of those laws, Florida’s “don’t say gay law.” In this wide-ranging conversation, we touch on the rising attacks on the LGBTQ community, the future of marriage equality, and the effect of the Supreme Court’s presidential immunity decision on the E.Jean Carroll defamation judgement.

The Guy Miles Story: How Flawed Eyewitness Identification Led to 18 Years in Prison

Ally Kvidt — Thu, 15 Aug 2024 11:00:01 +0000

Guy Miles was wrongfully convicted after being misidentified by an eyewitness during a robbery investigation in Orange County, California. Although he had once been involved in gangs during his youth, he left that life behind and moved to Nevada for a fresh start. Unfortunately, his past followed him when his photo was included in a “six-pack lineup.” An eyewitness mistakenly identified him as one of the perpetrators, which ultimately led to a life sentence.

It would take a random speeding ticket, admissions from the true criminals, DNA evidence, a recanting investigator, 18 years in prison, and a “Dark Plea” deal to finally set him free. Tune in to hear this harrowing real-life account of wrongful incarceration from the man who lived through it.

Survey Finds Americans Lack Knowledge About Civil Legal Issues

Ally Kvidt — Tue, 13 Aug 2024 11:00:39 +0000

Experts discuss the findings from a new survey on Americans’ knowledge of civil legal issues on Talk Justice. The recent survey of more than 2,000 Americans was conducted by The Harris Poll on behalf of LSC. It revealed widespread misconceptions about civil legal rights, and that many people do not reach out for help with their civil legal problems.

Yes! The Constitution Allows Changes to the Supreme Court – and Other Surprises with Lawrence Goldstone

Ally Kvidt — Tue, 06 Aug 2024 11:00:02 +0000

Award-winning author and historian Lawrence Goldstone explains why what the Constitution does not say – was intentional – so that democracy can evolve. According to Goldstone, author of “Imperfect Union: How Errors of Omission Threaten Constitutional Democracy”, changing the Supreme Court, protecting voting rights, defining the Second Amendment, and maintaining the balance of power between state and federal government are intended to be the responsibilities of voters, not the government or the courts.

Governor Newsom’s Executive Order & the Impact on the Homeless

Ally Kvidt — Fri, 02 Aug 2024 11:00:11 +0000

On July 25, 2024, California Governor Gavin Newsom issued an executive order directing state officials to start removing homeless encampments across the state. This follows last month’s SCOTUS ruling in City of Grants Pass v. Johnson, where the high court ruled that they will allow cities to enforce bans on sleeping outside in public spaces. According to a 2023 homelessness assessment report to Congress from the US Department of Housing and Urban Development, California has the largest homeless population in the nation with more than 180,000 people out on the streets.

In this episode, Craig is joined by returning guest Gary Blasi, Professor of Law Emeritus at the UCLA School of Law, as they discuss Governor Newsom’s executive order for removal of homeless encampments in California. Craig & Gary discuss the order, the recent SCOTUS decision in City of Grants Pass v. Johnson, and the potential impact this could have on the homeless community.

Mentioned in this episode:

Governor Newsom’s Executive Order on Encampments

City of Grants Pass v. Johnson Scotus Ruling

The Legal Issues Surrounding Homelessness with Gary Blasi & Breanne Schuster on Lawyer2Lawyer

Dark Pleas: Trading Innocence for Freedom in Post Conviction Deals

Ally Kvidt — Thu, 01 Aug 2024 11:00:53 +0000

Imagine being in prison for decades. You’ve been fighting your appeal for many years. Your lawyer believes you’ll get a new trial but there is no guarantee that you’ll win your freedom. Suddenly, the prosecution offers a plea deal. You can go free but there’s a catch… You have to admit you’re guilty.

Medical Debt Suits Plague Courts and Patients—Is There Another Way?

Ally Kvidt — Tue, 23 Jul 2024 14:15:50 +0000

Guests from Kansas and Tennessee discuss the growth of medical debt lawsuits, their impact on patients, and efforts to mitigate these suits on Talk Justice. The Wall Street Journal recently reported on this issue in Kansas in an article, “In This Kansas Courtroom, the Hospital Dominates the Docket.” A hospital sued 400 of the 9,000 people living in Pratt County over a period of less than a year. Meanwhile, a Tennessee pilot program gives patients a better option through online dispute resolution.

Angela’s Story: A Dark Plea in Exchange for Freedom

Ally Kvidt — Thu, 18 Jul 2024 11:00:14 +0000

On November 20th 1999, Angela Garcia’s home caught on fire. Surprised and crawling in the dark, she was not able to find her children before the blaze forced her to jump out of a 2nd floor window. She ran to get help but tragically her children would die before anyone could reach them. The State wrongfully accused and convicted her of arson and murdering her family. After nearly 20 years in prison, the prosecution’s case began to fall apart for lack of evidence. A “dark plea” was offered to Angela in May of 2016. If she accepted, she would be released from incarceration in 5 years. But there was a catch, she would have to admit to guilt. What would you do? This is her story.

Judge Shopping For Me, But Not for Thee with Chris Geidner

Ally Kvidt — Tue, 16 Jul 2024 11:00:49 +0000

Over the past year, the Supreme Court has taken a far more active role in reviewing cases reflecting fringe arguments supported by federal district court judges and appellate circuits. The Western and Northern Districts of Texas have become the destination of choice for “judge-shopping” to receive the benefits of far-right conservative judicial ideology. But when attorneys challenging the ban on gender-affirming care used a similar approach to dismiss a case before a hostile right-wing conservative federal judge, the Alabama district court subjected them to a two-year secret investigation for purported “judge-shopping”. Chris Geidner, a noted Supreme Court reporter and author of the newsletter “Law Dork” joins SideBar to discuss how federal “judge-shopping” is allegedly being used to manipulate outcomes and how the current Supreme Court is responding.

Revisiting Wrongfully Convicted: William Dillon and His Life in Prison

Ally Kvidt — Fri, 12 Jul 2024 11:00:03 +0000

While Craig is on vacation, we thought we’d bring back one of our favorite episodes from the Lawyer2Lawyer library so you can re-listen or be introduced for the first time if you’re a new subscriber. In this episode, Craig talks with William Dillon, a man who served 28 years of a life sentence for a murder he did not commit. William actually sings the music in one of our other shows on the Legal Talk Network called For the Innocent, where we talk to exonerees about their wrongful convictions.

Craig will be back soon with all new episodes of Lawyer2Lawyer. As we await his return, you can also get caught up on In Dispute, Craig’s new podcast, about 10 famous trials that changed history.

Remote Court Offers Multi-Door Access, but Availability is Spotty

Ally Kvidt — Tue, 09 Jul 2024 11:00:54 +0000

Legal aid leaders from Florida and Illinois reflect on four years of remote court and consider the benefits and limits of virtual appearances, as well as the inconsistent policies surrounding them on Talk Justice.

The Radical Act of Choosing Common Ground with Nisha Anand

Ally Kvidt — Tue, 02 Jul 2024 11:00:39 +0000

Remembering Hernandez v. Texas (State Bar of Texas Annual Meeting 2024)

Ally Kvidt — Mon, 01 Jul 2024 11:00:46 +0000

The 1954 case Hernandez v. Texas was the first and only Mexican-American civil rights case heard and decided by the United States Supreme Court. In 1951, a criminal case that arose from a bar fight and murder exposed a larger, widespread problem: the systematic exclusion of Mexican-American jurors from service. Rocky Dhir talks with Justice Gina Benavides, Chief Justice Dori Contreras, and Chris Pineda about how this case led to a landmark civil rights decision that gave all nationalities equal protection under the 14th Amendment of the Constitution.

DOJ v. Live Nation-Ticketmaster

Ally Kvidt — Fri, 28 Jun 2024 11:00:46 +0000

According to a May 23rd U.S. Department of Justice press release, “the Justice Department, along with 30 state and district attorneys general, filed a civil antitrust lawsuit against Live Nation Entertainment Inc. and its wholly-owned subsidiary, Ticketmaster LLC (also known as Live Nation-Ticketmaster) for monopolization and other unlawful conduct that thwarts competition in markets across the live entertainment industry.” A high demand for tickets to Taylor Swift’s “Eras Tour” and a rise in ticket prices for a 2022 Bruce Springsteen concert, are just a few examples of how Live Nation-Ticketmaster’s actions angered consumers, and ultimately led the DOJ to step into action.

In this episode, Craig is joined by Lee Hepner, a California-based antitrust lawyer and Senior Legal Counsel for the American Economic Liberties Project, as they spotlight the Justice Department’s lawsuit against Live Nation-Ticketmaster. Craig & Lee will talk about the lawsuit, monopolies, antitrust law, and the potential impact this could have on the ticket sales giant and future ticket sales.

Mentioned in this episode:

Justice Department Press Release on DOJ v. Live Nation-Ticketmaster Lawsuit

Senator Ben Cardin on Equal Justice and Supporting Legal Aid

Ally Kvidt — Tue, 25 Jun 2024 11:00:32 +0000

United States Senator Ben Cardin joins LSC President Ron Flagg to discuss his perspective on access to justice as a legislator and lawyer on Talk Justice. The Maryland Senator shared about his time in the state’s general assembly chairing Maryland Legal Services Corporation, as well as the “Cardin Requirement” at the University of Maryland’s Francis King Carey School of Law and his thoughts on the justice gap.

Plea Deals: Why Innocent People Give Up and Go to Prison

Ally Kvidt — Thu, 20 Jun 2024 11:00:43 +0000

Plea deals are necessary to fight crime. Without them, our criminal justice system would grind to a halt, and the bad guys would run free. The downside is that plea deals can ensnare innocent people. Even more scary, once you admit to a crime you didn’t commit, it can take decades to get you out of prison. So why would anyone plead guilty to something they didn’t do? Tune in to hear why with host Michael Semanchik and special guests Justin Brooks, founder of the California Innocence Project, and former Los Angeles County Prosecutor Wayne Little.

Justice Bent, Not Broken with Elie Honig

Ally Kvidt — Tue, 18 Jun 2024 11:00:21 +0000

Senior CNN Legal Analyst Elie Honig challenges whether the rule of law is under attack when powerful people square off against judges and juries. As author of Untouchable: How Powerful People Get Away with It and a former federal and state prosecutor, he served on air as a CNN Senior Legal Analyst throughout the first criminal trial and conviction of a former US President.

Results from the First Field Study of AI for Legal Aid

Ally Kvidt — Tue, 11 Jun 2024 11:00:51 +0000

Legal tech researchers discuss their recent field study of generative artificial intelligence (AI) for legal aid on Talk Justice. Colleen Chien and Miriam Kim authored a paper on their research, “Generative AI and Legal Aid: Results from a Field Study and 100 Use Cases to Bridge the Access to Justice Gap,” which was published in April. The co-authors wanted to advance the conversation around generative AI for access to justice with data. Bréyon Austin, a participant in the study, also offers her perspective.

Marilyn’s Story: A Plea Deal Turned Deadly

Ally Kvidt — Thu, 06 Jun 2024 11:00:53 +0000

Marilyn Mulero was wrongfully suspected of a Chicago gang murder in 1992. Naive to the criminal justice system, she was frightened into signing a statement by threats of the death penalty from law enforcement. Failing to adequately investigate the case, her attorney pressured Marilyn into making a risky blind plea deal with the court. That gamble turned into the death penalty. This is her story.

‘The Originalism Trap’ author wants to see originalism dead, dead, dead

Ally Kvidt — Wed, 05 Jun 2024 11:00:50 +0000

Originalism is the ascendant legal theory espoused by conservative legal thinkers, including the majority of U.S. Supreme Court justices. But far from being an objective framework for constitutional interpretation, says author and attorney Madiba Dennie, its true purpose is to achieve conservative political aims regardless of the historical record.

In The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back, Dennie traces the roots of originalism as a legal theory back to Brown v. Board of Education of Topeka, though the Supreme Court rejected the arguments in the 1954 case. Its adherents argue the meaning of the Constitution must solely be determined by “the original public meaning of the Constitution at the time it was drafted,” and that there is a discernible correct answer to what that meaning would have been.

The theory gained popularity in the 1980s, with the late Robert Bork and Justice Antonin Scalia as two influential proponents. Scalia famously said the Constitution is “not a living document. It’s dead, dead, dead.” Today, originalism has formed the basis for decisions such as Justice Samuel Alito’s Dobbs v. Jackson Women’s Health Organization opinion overturning Roe v. Wade.

“Despite originalism’s reputation as a serious intellectual theory, it’s more like dream logic: It seems reasonable at first, but when you wake up, you can recognize it as nonsense,” Dennie writes. “Originalism deliberately overemphasizes a particular version of history that treats the civil-rights gains won over time as categorically suspect. The consequences of its embrace have been intentionally catastrophic for practically anyone who isn’t a wealthy white man, aka the class of people with exclusive possession of political power at the time the Constitution’s drafters originally put pen to paper (or quill to parchment).”

In this episode of The Modern Law Library, Dennie and the ABA Journal’s Lee Rawles discuss how conservative originalists prioritize the time period of the Founding Fathers over the Reconstruction Era that produced the Thirteenth, Fourteenth and Fifteenth Amendments. “We can’t fulfill the Reconstruction Amendments’ radical vision of full equality and freedom if we can’t be attentive to the ways in which we have been made unequal and unfree,” Dennie writes in The Originalism Trap.

While Dennie believes there are portions of the historical record that support broad civil liberty protections, she says she does not think originalism is a useful tool for progressives to use as a legal framework.

In place of originalism, Dennie has a bold proposal: inclusive constitutionalism. “Inclusive constitutionalism means what it says: the Constitution includes everyone, so our legal interpretation must serve to make the promise of inclusive democracy real. When the judiciary is called upon to resolve a legal ambiguity or when there are broad principles at issue, the application of which must be made specific, it is proper for courts to consider how cases may relate to systemic injustices and how different legal analyses would impact marginalized people’s ability to participate in the country’s political, economic and social life.”

Rawles and Dennie also discuss how lawyers and judges can push back against originalism; the legal rights and protections achieved by groups like Jehovah’s Witnesses and the LGBTQ+ community; why she dropped Jurassic Park references into the book; and how she keeps an optimistic outlook on the expansion of civil liberties.

“Justice for all may not be a deeply rooted tradition,” Dennie writes, “but fighting for it is.”

Constitutional Equal Rights – the Time is NOW! with Katherine Spillar

Ally Kvidt — Tue, 04 Jun 2024 11:00:41 +0000

Kathy Spillar, Executive Director of Feminist Majority Foundation and Executive Editor of MS Magazine joins SideBar to discuss why ratification of the Equal Rights Amendment (ERA) is an essential legal tool to guarantee women’s rights. Ratification of the ERA would constitutionally prohibit sex discrimination, recognize systemic inequities across different groups of people, and uplift historically marginalized people to achieve true equality and justice.

Lawyers Can Help Revitalize Neighborhoods

Ally Kvidt — Tue, 28 May 2024 15:00:09 +0000

Guests from a successful St. Louis collaboration discuss Legal Services of Eastern Missouri’s (LSEM) Neighborhood Advocacy Program on Talk Justice. There are 24,000 vacancies and abandoned properties in St. Louis. LSEM was inspired by Legal Aid of Western Missouri’s Adopt-a-Neighborhood program in Kansas City to start their own revitalization project. In 2018, they launched the Neighborhood Advocacy Program to start tackling the legal problems that create lingering neighborhood blight.

Junk Science – Undoing the Damage

Ally Kvidt — Thu, 23 May 2024 11:00:55 +0000

In our history of criminal prosecutions, some types of evidence ended up being unreliable. Forensic sciences like bite-mark identification, arson investigations, and shaken baby syndrome sent many innocent people to prison. So where does that leave us? How do we make it right?

Lindsay Herf, executive director for the Arizona Justice Project joins host Michael Semanchik to discuss junk science and ways to protect innocent people.

How Extremists Stole the Constitution and How We the People Can Take It Back with Madiba K. Dennie

Ally Kvidt — Tue, 21 May 2024 11:00:00 +0000

Madiba K. Dennie is an attorney, columnist, author, and professor whose work focuses on fostering an equitable multiracial democracy. Dennie is the author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back. She currently serves as Deputy Editor and Senior Contributor at the critical legal commentary outlet Balls and Strikes. As counsel for the Brennan Center for Justice, she addressed democracy issues involving the census, the courts, and attempts to disempower communities of color.

When states’ rights and healthcare access clash

Ally Kvidt — Wed, 15 May 2024 21:30:34 +0000

From COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and healthcare access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American healthcare system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System.

Leslie P. Francis is a professor of law and philosophy with a background in bioethics, and John G. Francis is a professor of political science with a focus on European comparative politics, federalism and comparative regulatory policy. The spouses had partnered on three previous books together. When looking for their next project, they decided to examine the consequences of states opting out of Medicaid expansion and what power federalism could have in protecting American citizens’ health. But soon more news events and landmark cases expanded their focus.

The result is States of Health. The book examines the tensions between state and federal powers in a number of areas, including reproductive rights; gender-affirming care; medical marijuana; public health and pandemics; right-to-try laws; patient confidentiality; and care quality and life expectancies.

In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with the Francises about their collaborative writing process, and what conclusions they have drawn about the benefits of federalism and states’ rights.

The Francises argue that since it is the federal government that determines citizenship and census decisions, state differences go too far when they make “basic decisions about who counts at all, and what it means to count.” They add, “Movement is a critical aspect of who counts: the ability to come and go, or to leave one state more permanently for another.” The Francises argue that freedom of movement for the purpose of medical treatment is crucial for patients, but also point out when states control licensure for medical providers, that too can restrict freedom of movement.

The value of 50 individual laboratories of democracy can be appealing to a scientific mind. But at what point can it be argued in the healthcare space that a federal government needs to step in, if the outcomes in some of those laboratories are decreased lifespans and higher mortality?

Putting AI to the Test for Legal Services

Ally Kvidt — Tue, 14 May 2024 11:00:08 +0000

Legal tech experts discuss their research and experiments with generative artificial intelligence (AI) for legal services on Talk Justice. Executive Director of the Legal Design Lab Margaret Hagan talks about her research into whether AI is worth the hype for access to justice. Lawyer and NYU professor Sateesh Nori shares his experience with utilizing AI for housing legal services.