Trump-era executive orders, police hiring standards, and college admissions all converge in a decades-long debate over disparate impact, one of the most misunderstood yet consequential doctrines in civil rights law. In this episode of Stanford Legal, Professor Ralph Richard Banks, faculty director of the Stanford Center for Racial Justice, joins host Professor Pamela Karlan for a deep dive into how the disparate impact doctrine really works, why it matters, and what’s at stake when it’s attacked in the name of “meritocracy.” From the landmark Griggs case to modern college admissions, Banks dissects the arguments on all sides—showing how this sometimes-vilified legal doctrine not only helps root out discrimination, but can also strengthen, rather than undermine, meritocracy. 

Links:

• Rick Banks >>> Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

(00:00:00) Introduction to Executive Orders and Disparate Impact 

(00:03:30) The Function and Impact of Universities in Society 

(00:09:46) Understanding Different Measures of Merit 

(00:13:20) Legacy Preferences and Nepotistic Systems 

(00:18:16) Disparate Impact in Standardized Testing 

(00:23:38) The Future of College Admissions and Rick Banks' Upcoming Book 

In this episode of Stanford Legal, Professor Pam Karlan talks about the growing politicization of the Department of Justice under the Trump administration. Drawing on her experience in the DOJ’s Civil Rights Division during both the Obama and Biden administrations, Karlan describes how recent loyalty tests, internal purges, and retaliatory transfers have hollowed out one of the nation’s most critical legal institutions. Karlan explores how the DOJ has historically relied on a “thin layer” of political leadership atop a deep bench of expert, nonpartisan career lawyers—and why that structure is now under threat. She also discusses the DOJ’s broad civil rights mandate, the challenges of a politicized environment, and the legal and moral consequences of eroding prosecutorial independence. The conversation makes the case that what’s happening now is not just a policy shift—it’s an institutional crisis that threatens the rule of law and the very idea of justice in America. 

Links:

• Neukom Center for the Rule of Law >>> Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

(00:00:00) Introduction and Constraints Under Civil Service Reform Act

(00:05:01) The Impact of Political Agenda on DOJ's Functioning

(00:08:31) Challenges Faced by Career Lawyers

(00:14:16) Interaction Between Political Appointees and Career Lawyers

(00:17:46) Meritocracy and Recruitment in the DOJ
(00:20:01) comparative perspective in understanding the DOJ's special role

Amid escalating federal pressure on universities, Stanford Law School alum Greg Lukianoff, JD ’00, joins host Professor Pam Karlan for a sharp look at the free speech firestorms engulfing universities like Harvard and Columbia. First Amendment champion, president of the Foundation for Individual Rights and Expression (FIRE), and co-author of The Coddling of the American Mind, Lukianoff recently penned an essay for The Atlantic titled “Trump’s Attacks Threaten Much More Than Harvard.” In this episode, Lukianoff expands on his essay, breaking down the Trump administration’s tactics to punish elite institutions, from defunding threats and faculty interference to student visa crackdowns, while also calling out universities themselves for stifling dissent and eroding public trust in higher education.

Links:

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

(00:10:01) Challenges to Free Speech

(00:15:01) Legal Cases and Free Speech

(00:20:01) Free Speech and the Government 

In this episode, Stanford Law Professor Evelyn Douek, a First Amendment scholar and permanent U.S. resident, expands on her recent Atlantic essay, “Can I Teach the First Amendment If I Only Have a Green Card?” She reflects on the paradox of teaching constitutional protections for free speech while watching the U.S. government detain or revoke visas for foreign students and other non-citizen residents engaged in protest or student journalism. Douek joins fellow Stanford Law professor Pamela Karlan to explore what these developments could mean for the future of American universities, long known for drawing global talent. Their conversation highlights the growing tension between the nation's commitment to free expression and policies that penalize dissent by non-citizens.

Links:

• Evelyn Douek  >>> Stanford Law page
• “Can I Teach the First Amendment If I Only Have a Green Card?” >>> The Atlantic page
• Moderated Content podcast >>>  Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

The LA Superior Court is the largest single unified trial court in the United States, serving the approximately 10 million residents of Los Angeles County—the cases it handles spanning a wide range of legal matters, from civil cases to criminal cases, family law, and juvenile matters.

As the state and county have grown, so has demand on the legal system. Access to justice—the inability for Americans to find and/or afford legal representation—has been called a crisis. What does that mean? What can be done about it?

Stanford Law School’s Deborah L. Rhode Center on the Legal Profession and Legal Design Lab released a groundbreaking diagnostic report in April that outlines a blueprint for creating more innovative, modern, and accessible courts. 

The report marks a significant milestone in the unique partnership established in January 2024 between the Superior Court of Los Angeles County (the Court – SCLAC) and Stanford Law School. Created in collaboration with court leadership, frontline court staff, and community partners, the findings of the Stanford report demonstrate the Court’s commitment to enhancing the self-represented litigant experience and its dedication to leading in justice innovation.

Our guests joining Pam Karlan for this episode include Stanford Law Professor David Freeman Engstrom, the co-director of the Rhode Center whose work focuses on access to justice in the millions of low-dollar but highly consequential cases, including debt collection, eviction, foreclosure, and child support actions, that shape the lives of Americans each year;  Margaret Hagan, the executive director of the Legal Design Lab at Stanford Law School whose researches, designs, and develops new ways to make the U.S. civil justice system work better for people; and Daniel Bernal, associate director of research at the Rhode Center whose work explores the intersection of civil procedure and access to justice, with a focus on designing and testing innovations to make state courts work better for people. 

Links:

• David Freeman Engstrom  >>> Stanford Law page
• Margaret Hagan  >>> Stanford Law page
• Daniel Bernal  >>> Stanford Law page
• A Blueprint for Expanding Access to Justice in Los Angeles Superior Court’s Eviction Docket  >>>  Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X

(00:00:00) Introductions and Tour of the LA Superior Court

(00:21:25) Use of Technology and the Pain Points in Court Systems 

(00:27:25) National Implications of Court Innovations 

(00:33:00 Court as a Central Hub for Legal Problem-Solving 

(00:35:04) Collaboration and Future Prospects

On February 19 of this year, President Donald Trump issued one of his first executive orders, Commencing the Reduction of the Federal Bureaucracy, leaving no doubt his aim to reduce its size and scope. As DOGE got to work firing federal workers—and cutting entire agencies, the president also fired heads of agencies—Democratic and Republican—cleaning house of leadership not deemed on side. 

As EO whiplash continues, so does pushback, with many in the public learning about the people behind the cost-cutting and loyalty tests—the federal workers and government agencies helping to make American life run smoothly and safely. What are the legal questions?

Joining this episode is Anne Joseph O'Connell, a leading scholar of U.S. administrative law and the federal bureaucracy. She was a presidentially appointed member of the Council of the Administrative Conference of the United States, an independent federal agency dedicated to improving regulatory procedures, from October 2022 to January 2025. She combines a lawyer's doctrinal acumen and institutional sensibilities with a political scientist's deep understanding of American politics and political theory and an empiricist's rigor about facts in the world. Her scholarship explains how government really works. She has done pioneering and award-winning work on previously unforeseen questions about the problem of vacancies in federal office and about the legal and normative implications of unorthodox government entities such as the U.S. Postal Service or Smithsonian.

Links:

• Anne Joseph O’Connell  >>> Stanford Law page
• Actings >>> Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X
  
   

(00:00:00)  Introduction to Anne Joseph O'Connell's background

(00:03:44) Actings in Government

(00:17:04) The Importance of Government Accountability

(00:19:22) The Role of Detailees in Government and The Department of Government Efficiency (DOGE)

(00:27:24) Government Waste and Fraud

Since ChatGPT came on the scene, numerous incidents have surfaced involving attorneys submitting court filings riddled with AI-generated hallucinations—plausible-sounding case citations that purport to support key legal propositions but are, in fact, entirely fictitious. As sanctions against attorneys mount, it seems clear there are a few kinks in the tech. Even AI tools designed specifically for lawyers can be prone to hallucinations. 

In this episode, we look at the potential and risks of AI-assisted tech in law and policy with two Stanford Law researchers at the forefront of this issue: RegLab Director Professor Daniel Ho and JD/PhD student and computer science researcher Mirac Suzgun. Together with several co-authors, they examine the emerging risks in two recent papers, “Profiling Legal Hallucinations in Large Language Models” (Oxford Journal of Legal Analysis, 2024) and the forthcoming “Hallucination-Free?” in the Journal of Empirical Legal Studies. Ho and Suzgun offer new insights into how legal AI is working, where it’s failing, and what’s at stake.

Links:

• Daniel Ho  >>> Stanford Law page
• Stanford Institute for Human-Centered Artificial Intelligence (HAI) >>> Stanford University page
• Regulation, Evaluation, and Governance Lab (RegLab) >>> Stanford University page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X
  
   

(00:00:00) Introduction to AI in Legal Education 

(00:05:01) AI Tools in Legal Research and Writing

(00:12:01) Challenges of AI-Generated Content 

(00:20:0) Reinforcement Learning with Human Feedback

(00:30:01) Audience Q&A

On March 6, President Trump issued the executive order “Addressing Risk from Perkins Coie LLP,” essentially preventing the firm from doing business with the federal government, stripping its staff of security clearances. It was the first of several presidential orders aimed at law firms that represented clients and/or employed attorneys at odds with Trump.

At the same time, Trump and members of his administration have voiced loud opposition to judges who rule against him and, in what many see as a weaponization of justice, have fired members of the Department of Justice without cause. Even the new Attorney General Pam Bondi is breaking with long held protocol by openly defending the administration, taking a partisan position when defending her decision not to investigate the Signal scandal of top national security officers sharing war plans via the public ap, saying: “If you want to talk about classified information, talk about what was in Hillary Clinton’s home. Talk about the classified documents in Joe Biden’s garage that Hunter Biden had access to.”

Are the norms and practices that have maintained the rule of law in the United States straining under the pressure of the Trump administration?

Stanford Law Professor David Sklansky, a criminal law expert, joins Pam Karlan for a look at the first 100 days of the Trump administration—and the unprecedented number of executive orders targeting rule of law norms. Sklansky, co-director of the Stanford Criminal Justice Center who teaches and writes about policing, prosecution, criminal law, and the law of evidence, is the author, most recently of Criminal Justice in Divided America: Police, Punishment, and the Future of Our Democracy, was published earlier this year by Harvard University Press. Earlier he practiced labor law in Washington D.C. and served as a federal prosecutor in Los Angeles.

Links:

• David Sklansky  >>> Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X
   

Joining Pam for this week's episode is Stanford Law Professor Alan Sykes, a leading expert on the application of economics to legal problems whose most recent scholarship is focused on international economic relations. In short, he is an international trade and law expert—and the right person to help us understand today's chaos. The discussion covers the credibility of the United States in international trade negotiations, the feasibility of renegotiating trade deals with multiple countries within a short timeframe, and the unconventional methods employed by the Trump administration. Sykes also highlights the importance of previously negotiated deals and the World Trade Organization—and how the Trump administration has sidelined the organization. This episode offers a comprehensive look at the legal and economic dimensions of Trump's tariffs, making it a must-listen for anyone interested in understanding the complexities of modern trade policies.

Links:

• Alan O. Sykes  >>> Stanford Law page
• The Law and Economics of International Trade Agreements >>> Stanford Law page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X
   

Do asylum seekers in the U.S. have rights? Can the U.S. government forcibly deport them to a prison in El Salvador without due process? What about green card holders attending college? Since taking office, President Trump has focused on legal and undocumented immigrants alike, from Venezuelan asylum seekers to visa and green card college students—invoking the Alien Enemies Act to deport some, and even defying court orders. In this episode, Stanford Law immigration law expert Jennifer Chacón joins Rich Ford for a discussion about these unprecedented actions while also addressing the broader implications for human rights and the U.S.'s role as a refuge for persecuted individuals—and the potential for America's diminished international reputation and influence in the world.

Links:

• Jennifer Chacón >>> Stanford Law page
• Legal Phantoms >>> Stanford Law page
• Surveillance Footage Shows Arrest of Tufts U. Student  >>> NY Times page
• What the Venezuelans Deported to El Salvador Experienced >>> Time magazine page

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
• Stanford Lawyer Magazine >>> Twitter/X
  
   

(00:17:56): Legal Frameworks and Immigration Detention