Reasonably Speaking

Reasonably Speaking

By The American Law InstituteEducation
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Reasonably Speaking episodes

  • American Indian Law: When Two Sovereigns Collide
    In this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens. We then explore jurisdiction across border lines, particularly in a criminal context. Matthew and Wenona discuss the history of violence against native women, and why, until recently, prosecution has been so difficult. The history of and current U.S. court challenges to the Indian Child Welfare Act are also examined.
    1 hr 1 min
  • Protecting Children in Criminal Procedures

    Listen as the experienced child advocate and juvenile law scholar talk about the current issues and explore state policies and practices that have been implemented to help protect children.

    History of the treatment of children in the justice system

    [04:26] Modern trends in how we view children

    [17:20] Racial disparities

    [21:18] Recent progress

    32 min
  • May It Please the Court: SCOTUS Perspectives from Leading Supreme Court Advocates
    How does one prepare, and what is it like to argue before the U.S. Supreme Court? In this episode, Douglas Laycock, an experienced Supreme Court advocate himself, moderates an insightful conversation between two prominent Supreme Court appellate lawyers. Former Solicitor General Seth Waxman of WilmerHale and former Assistant to the Solicitor General Nicole Saharsky of Mayer Brown share their personal experiences as well as their unique insight into the nation’s highest court.
    1 hr
  • The Decline of the Death Penalty

    The death penalty in the United States, both new convictions and executions, has declined through recent decades. In this episode, we explore the history of the death penalty and the various factors that are contributing to this decline.

    Death penalty expert and author of End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, Brandon Garrett, talks about this history and the revealing details of his data collection on the demise of capital punishment. We are also joined by ALI’s past President Roberta Cooper Ramo and former Judge Christine Durham, who discuss ALI’s removal of the Death Penalty from the Model Penal Code, perhaps one of the earliest indications of the future of capital punishment.

    The History of the U.S. Death Penalty

    [04:00] ALI and the decision to remove the death penalty from the Model Penal Code

    [24:00] Reasons for the death penalty’s decline

    [43:00] Race and the death penalty

    [46:00] The future of the death penalty

    52 min
  • Protecting Individual Liberties: Recognizing the Value of State and Federal Courts

    When U.S. citizens hear “constitutional law,” we tend to think only of the U.S. Constitution, U.S. Supreme Court, and the federal court system, effectively ignoring the power of state constitutional law. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties.

    59 min

About Reasonably Speaking

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The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most…