Law Professor Mary Sarah Bilder discusses the amazing story of Eliza Harriot, a rare female public lecturer who delivered a University of Pennsylvania program attended by George Washington as he met in Philadelphia with delegates to draft the US Constitution. Harriot’s performance likely inspired the gender-neutral language of the Constitution and her advocacy inspired countless young women to consider a college education and fight back against exclusions based on sex, gender, and race.

Law Professors Joy Milligan and Bertrall Ross discuss how we should interpret a Constitution that was not written for or drafted by “We the People”. The original constitution excluded women and racial minorities. The drafters and the commentators of the period were exclusively white men. Many of the subsequent amendments were adopted under "undemocratic" conditions and interpreted by courts that did not fairly reflect the population then, or now. However, there is evidence that the language and intent of the drafters was to leave "space" for future interpretation. Milligan and Ross join SideBar to promote the proposition that "We the People" will only be protected by the Constitution if the "history and tradition" of ALL the people are considered in Supreme Court interpretations.

Since the mid to late 1980s, an increasingly conservative federal bench has made it more difficult to defend Indian rights under existing treaties and federal law. John Echohawk is an attorney and Executive Director of the Native American Rights Fund (NARF) defending Native American tribes, organizations, and individuals. He joins SideBar to discuss issues such as tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education.

The federal constitution neither explicitly nor implicitly includes the right to vote. Instead, the framers allowed the States to determine the “Time, Places, and Manner of holding Elections.” Rick Hasen, author of A Real Right to Vote: How a Constitutional Amendment Can Safeguard American Democracy, believes that needs to change. He asserts that a constitutional right to vote can deescalate election litigation and can safeguard democracy from election subversion.

Federal judges have lifetime tenure with little to no oversight. Despite employing thousands of new law school graduates as law clerks, they aren’t subject to anti-discrimination or other workplace laws. How is it possible that federal courts do not have to follow the same federal labor laws they enforce? In this episode, Aliza Shatzman, founder of the Legal Accountability Project, describes the experience that inspired her to create LAP and what needs to change to hold federal judges accountable.

Access to an ethically based justice system not only protects free and fair elections, but also impacts the rights that affect our everyday lives. In this episode of SideBar, Professor and Author Renee Knake Jefferson calls for lawyers and judges, including the US Supreme Court, to further commit to ethical access to justice.

Appellate courts decide what our laws mean and how they affect all aspects of our personal lives: our ability to vote, how we are policed, our religious freedom, the quality of our education, our workplaces, healthcare, immigration protections, and much more. Yet people of color remain greatly underrepresented as both appellate attorneys and judges. Juvaria Khan, founder of The Appellate Project discusses the importance of diversity of lived experience in defining equity and fairness in judicial decision-making.

SideBar cohosts and law deans Jackie Gardina and Mitch Winick look back over the 29 episodes and 25 guests featured in SideBar's incredibly successful first season. If you have been a listener, this episode will highlight key moments from our discussions with expert guests, authors, lawyers, and judges on critical issues facing democracy, the legal system, the Supreme Court, and society. If you haven't been a listener yet, start with this special episode to get a head start on selecting topics and guests to listen to from season one . . . every episode as relevant and important today as when originally discussed with SideBar's expert guests.

David Pepper, author of Saving Democracy: A User’s Manual for Every American, returns to SideBar to sound the alarm that democracy remains under attack. Although there were shocking lowlights in 2023, David reminds us that there are also signs of hope. Our final SideBar episode of Season One is a reminder that we all have a critical role to play in the battle for democracy.

Disinformation and deepfakes, accelerated by AI, pose an existential threat to our democracy and elections, and as a country, we are simply not ready says The California Institute for Technology and Democracy (CITED). Drew Liebert and Jonathan Mehta Stein believe that what is needed is an impartial source for policymakers, the press, and the public that will provide expertise related to AI regulation as it applies to campaign communication and election integrity.