In this episode, Pam and Rich are joined by Professor Bernie Meyler for a discussion of high-profile pardons like Hunter Biden and Donald Trump’s allies to broader issues of mercy, justice reform, the implications of pardons in polarized politics, their historical roots, and ideas for reform.

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Presidential pardons are in the headlines again after President Joe Biden’s pardon of his son Hunter. But the vast majority of presidents have used this awesome power, which was enshrined in the Constitution at the founding of the country and dates back to 7th Century English monarchs. What are the issues at play with modern presidential pardons? What does history tell us about this practice? Our guest this week is Stanford Law Professor Bernie Meyler, a scholar of British and American constitutional law and of law and the humanities and author of the book Theaters of Pardoning. She joins Pam and Rich for a discussion of high-profile pardons like Hunter Biden and Donald Trump’s allies to broader issues of mercy, justice reform, the implications of pardons in polarized politics, their historical roots, and ideas for reform.

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The discussion shifts to the broader context of pardons, their declining use, and the influence of public opinion. The hosts analyze the risks of granting pardons and compare historical uses of the power, such as Washington’s Whiskey Rebellion pardons, to modern examples like January 6th.

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In this episode, Pam and Rich are joined by health policy expert Michelle Mello and Neel Guha, a Stanford JD/PhD candidate in computer science, for a discussion on the transformative role of AI in healthcare. 

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Artificial Intelligence holds the potential to transform much of our lives and healthcare professions are embracing it for everything from cost savings to diagnostics. But who is to blame when AI assisted healthcare goes wrong? How is the law developing to balance the benefits and risks? In this episode, Pam and Rich are joined by health policy expert Michelle Mello and Neel Guha, a Stanford JD/PhD candidate in computer science, for a discussion on the transformative role of AI in healthcare. They examine AI’s potential to enhance diagnostics and streamline workflows while addressing the ethical, legal, and safety challenges this new technology can bring. The conversation highlights the urgency of adapting regulatory frameworks, the complexities of liability among hospitals, developers, and practitioners, and the need for rigorous testing to ensure patient safety as AI integration in healthcare advances.

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(00:00:00) Chapter 1: Understanding AI in Medicine

(00:07:04) Chapter 2: The Benefits and Risks of AI in Healthcare

(00:08:22) Chapter 3: Legal Challenges and Liability in AI-Driven Medicine

(00:14:47) Chapter 4: The Challenges of AI and Transparency in Decision-Making

(00:17:35) Chapter 5: Regulation and Liability of AI in Healthcare

(00:23:13) Chapter 6: The Road Ahead: Balancing Innovation and Safety

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In this episode, New Jersey Attorney General Matt Platkin discusses the role of the state AG and his approach to enforcing the law and promoting justice in New Jersey. 

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Matt Platkin, who was the youngest-ever AG in the country when he was appointed in 2022, discusses some of his public safety initiatives such as the ARRIVE Together program, which pairs mental health professionals with law enforcement to improve responses to mental health crises. Among other pressing issues facing New Jersey, Platkin also addresses his state's comprehensive approach to gun violence, which focuses on data-driven crime enforcement, community violence prevention, and legal accountability for firearm manufacturers.

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Show Notes: Host Rich Ford introduces Matt Platkin, Attorney General of New Jersey, and dives into the multifaceted role and responsibilities of state attorneys general, especially in enforcing public safety and overseeing large-scale law enforcement. Platkin shares insights on the expectations and hurdles faced by AGs, highlighting the critical role they play in protecting communities.

(00:03:42) Chapter 2: Innovative Crisis Intervention Programs 

The discussion shifts to the "ARRIVE Together" program, a pioneering mental health and law enforcement collaboration aimed at de-escalating crisis situations. Platkin explains how pairing officers with mental health professionals in crisis response has drastically reduced force incidents and arrests in New Jersey. He also touches on the broader need for mental health resources, noting how training and interdisciplinary cooperation contribute to more effective, compassionate responses.

(00:09:10) Chapter 3: Public Health Approaches to Opioid and Gun Crises 

Platkin outlines New Jersey's proactive strategies to tackle the opioid and gun violence epidemics, focusing on diversion programs, community partnerships, and civil enforcement. He discusses the impactful results of addressing these issues as public health crises, noting the state’s success in reducing both opioid fatalities and gun-related violence through data-driven enforcement, community engagement, and targeted litigation against non-compliant businesses.

Attorney General Matt Platkin explains the importance of collaboration among state attorneys general, including bipartisan efforts in federal litigation. He shares examples of major joint cases, such as those against Meta and Apple, and discusses how AGs coordinate on issues that transcend state lines, often through bipartisan associations.

(00:20:14) Chapter 5: The Evolution and Influence of the New Jersey Supreme Court

Pam Karlan asks Platkin about New Jersey’s innovative Supreme Court. Platkin delves into the unique aspects of New Jersey’s government structure, including the influential role of the state Supreme Court in affordable housing and school funding cases. He shares insights on recent judicial reforms and the impact of balanced partisan representation on the court.

(00:25:08) Chapter 6: Path to Public Service and Career Reflections

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In this episode, Stanford Law's Daniel Ho and computer science/law student Mirac Suzgun discuss the enduring impact of racially restrictive covenants in real estate.

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Stanford Law's Daniel Ho and computer science/law student Mirac Suzgun discuss the enduring impact of racially restrictive covenants in real estate with host Rich Ford. Though unenforceable since 1948, these clauses are a lingering reminder of housing segregation and racism in the United States, as Professor Ho's own experience of discovering a covenant barring Asians from purchasing his home highlights. The conversation also looks at legislative efforts to remove the covenants and an innovative AI tool developed by Stanford's RegLab that helps counties identify and redact these covenants, streamlining the process while preserving the historical record.

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(00:00:00) Chapter 1: Introduction to Racial Covenants and AB 1466

(00:04:00) Chapter 2: The Role of AI in Redacting Racial Covenants

(00:10:01) Chapter 3: Historical Context and Persistence of Racial Covenants

(00:16:13) Chapter 4: The Legacy of Racial Covenants

Rich Ford and Mirac Suzgun discuss the evolution of state-sponsored race segregation and the role of private covenants in perpetuating housing discrimination. They emphasize how these covenants, often embedded in property deeds, remain binding on homeowners, illustrating the historical entrenchment of racial segregation in real estate.

(00:18:48) Chapter 5: Uncovering Historical Data and Responsibility

Dan Ho shares findings from a study revealing the prevalence of racial covenants in Santa Clara County. The discussion highlights the significant responsibility of a small number of developers in enforcing these covenants, contrasting this with the example of Joseph Eichler, who resisted such practices and promoted housing reform.

(00:23:11) Chapter 6: Utilizing Technology for Social Justice

The conversation shifts to the innovative tools developed to identify and address racial covenants in property records. The hosts explore the implications of these discoveries for understanding historical injustices and the importance of retaining historical records while advocating for modern social justice initiatives, plus closing remarks.

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In this episode, Stanford Law’s Debbie Mukamal and Stanford Law student Jacqueline Lewittes discuss the Stanford Criminal Justice Center’s findings from their report “Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline and Other Stories Touched by Violence.”

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How are victims of intimate partner violence meant to protect themselves—and, often, their children—without winding up dead, in hospital, or prison? It’s a situation that many find themselves in. Approximately 15 percent of women in the United States are victims of intimate partner violence, according to the National Domestic Violence Hotline. But the legal system is not set up to help them. In this episode the executive director of the Stanford Criminal Justice Center, Debbie Mukamal, and Stanford Law student Jacqueline Lewittes join Pam and Rich to discuss the Center's new study “Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline and Other Stories Touched by Violence,” that offers groundbreaking data and personal stories from women currently in prison because of intimate partner violence. They also touch on the systemic failures in the justice system in handling these complex cases. 

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Hosts Pam Karlan and Rich Ford discuss how the project on women incarcerated for killing their abusers began during the pandemic, sparked by a lack of national data on these cases with Debbie Mukamal and SLS student Jacqueline Lewittes. Mukamal explains how her team's long-standing relationships with the California Department of Corrections facilitated their research access despite COVID-19 restrictions.

The team outlines the complexities of designing the study, including broadening the focus beyond intimate partner killings and overcoming barriers like accessing reliable court records. They explain how they relied on direct interviews and used validated tools like the Danger Assessment and Composite Abuse Scale to assess the severity of abuse.

Explore key findings, including the prevalence of traumatic brain injuries among respondents and the failure of self-defense laws to protect abused women. Jacqueline highlights a specific case that illustrates how memory loss due to abuse complicates self-defense claims, underscoring the systemic legal failures.

The group delves into the startling statistics of women convicted of homicide in connection to intimate partner violence. Debbie Mukamal discusses how nearly 74% of women in their study had experienced abuse at the time of the offense, breaking down the subcategories of cases, from those who killed their abuser to others involving child fatalities.

Examine the various ways in which the legal system fails to protect women who are victims of abuse. From denied protective orders to mistreatment by police and ineffective legal defense, the discussion highlights the failures at multiple levels and the resulting harsh sentences.

This segment focuses on potential legal reforms, including changes to homicide statutes and the need for better understanding of traumatic brain injury (TBI) in abuse survivors. Debbie Mukamal and Pam Karlan discuss the implications of TBI on a woman’s ability to recall facts, and how reforms could better account for their experiences.

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In this episode, Stanford historian Jonathan Gienapp, a leading expert on the founding of the United States, takes a critical look at the Electoral College, presidential immunity, and Constitutional Originalists.

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Is the president above the law? Is the Electoral College democratic? In this episode, historian Jonathan Gienapp critiques the mainstream use of originalism, arguing that it often neglects crucial historical context, overlooking the complexities of original public understanding. The conversation dives into recent court cases, highlighting tensions between historical interpretation and contemporary judicial practices. This is clearly illustrated in Gienapp’s discussion of the Electoral College—a uniquely American invention. He explains the historical roots of the Electoral College, the Framers' intentions, and the criticisms it faces today. He also sheds light on how the Electoral College emerged as a compromise among less desirable options and the historical context surrounding its establishment, including issues of accountability and regional interests. The conversation also touches on ongoing debates about potential reforms, public sentiment toward a national popular vote, and the challenges of amending the Constitution in today's contentious political landscape. Join us for an enlightening discussion that bridges history with contemporary constitutional debates.

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(00:00:00) Chapter 1: Introduction and the Flaws of Originalism

(00:04:33) Chapter 2: Public Meaning vs. Original Intent

(00:07:47) Chapter 3: Judicial Interpretation in Practice: Rahimi and Trump Cases

Jonathan Gienapp discusses the historical foundations of the American presidency, emphasizing the founding generation's rejection of monarchy and the importance of presidential accountability. He highlights the debate at the Constitutional Convention regarding the balance between a strong executive and ensuring that executive power remains accountable to the people.

Jonathan Gienapp delves into the complexities of originalism as a judicial philosophy. He explains the tension between the rhetoric of originalism and its inconsistent application in Supreme Court decisions. He argues for either a more serious commitment to originalism or a recognition of constitutional pluralism, where history is used alongside other interpretative methods.

Exploration of the creation of the Electoral College, discussing how it emerged not as a perfect solution but as a compromise to address competing concerns about legislative selection, popular votes, and regional interests. Gienapp examines past and present efforts to reform the Electoral College and explains why it persists despite criticism.

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In this episode, election law expert Nate Persily shares why new election laws, novice election administrators, and voter confusion could make for a turbulent 2024 election with hosts Pam Karlan and Rich Ford.

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As the 2024 presidential election approaches, Nate Persily forecasts complications along with it.

Persily, a Stanford law professor and a leading expert in election law and administration, says the coming election cycle could pose unprecedented challenges for voters and election officials alike. “We are at a stage right now where there's a lot of anxiety about election administration,” he says. “There's a significant share of the population that's completely lost confidence in our system of elections.”

With nearly every state having altered its election laws since 2020 and a significant turnover in election administrators, Persily says the stage is set for a potentially bumpy ride this November. As voter confusion and AI-powered disinformation loom overhead, Persily says the integrity of our democracy may well depend on our collective ability to weather this less-than-perfect storm.

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Nate Persily outlines the primary concerns for the upcoming election, including voter confusion, changes in election laws, and the pressures faced by election officials.

The panel discusses the challenges of managing a national election run by numerous local jurisdictions, including issues with certification and varying local procedures.

Persily, Karlan, and Ford explore how election day has expanded into an extended voting period, covering early and mail-in voting, and the implications for counting and certification.

Examines the impact of technology and disinformation, including deep fakes and misinformation about voting procedures, and their effects on public trust.

Persily discusses strategies to bolster confidence in the election process, emphasizing support for election officials and the role of local leaders in maintaining trust.

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In this episode, Professors Jeffrey Fisher and Easha Anand discuss recent Supreme Court rulings and the potential long-term impacts on American democracy and the rule of law.

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The Supreme Court's latest term was marked by decisions of enormous consequence. However, the way the Court has communicated about these rulings far undersells the gravity they carry.

While “expressing itself in extremely modest terms,” Professor Jeffrey Fisher says, the current Supreme Court has “[handed] down decisions that have enormously consequential effects for our democracy, people's rights, and everything in between.” He and Assistant Professor Easha Anand, co-directors of the Supreme Court Litigation Clinic, agree that these recent decisions could reshape American law and politics for years to come.

In this episode of Stanford Legal with host Pam Karlan, Fisher, and Anand take a critical look at recent Supreme Court rulings on abortion, gun rights, tech platforms, and the power of federal agencies, examining the Court's evolving approach and considering the potential long-term impacts on American democracy and the rule of law.

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(00:00:00) Chapter 1: Introduction to the Supreme Court Term and Key Cases

Pam Karlan is joined by Professors Jeff Fisher and Easha Anand to discuss the past term at the Supreme Court, constitutional law and Supreme Court practice, highlighting key cases and themes from the term. They explore how the court's conservative majority shapes the docket and the role of Justices Barrett and Jackson in developing their judicial voices.

(00:06:56) Chapter 2: High-Profile Cases: Guns, Abortion, and Administrative Law

Examine major cases, including gun rights in Rahimi v. United States and Cargill v. Garland, abortion-related cases, and the pivotal Loper Bright decision affecting the administrative state. They analyze the court's reasoning and the broader implications of these rulings.

(00:15:28) Chapter 3: The Court's Evolving Role and Methodology

Discussion of the broader implications of the Supreme Court's evolving approach to its docket and decision-making processes, particularly in relation to the administrative state and the impact of recent rulings on future cases.

(00:19:14) Chapter 4: The Supreme Court and Technology Cases

They delve into the significant technology cases that were brought before the Supreme Court this term. They discuss how the Court addressed state laws from Florida and Texas aimed at restricting content moderation by big tech companies, marking the first time the First Amendment was applied to social media platforms. The discussion highlights the tension between traditional legal frameworks and the evolving digital landscape, with a focus on the implications of these rulings for the future of free speech online.

(00:24:10) Chapter 5: Trump and the Supreme Court: Balancing Power and Immunity

The group explores the complex legal landscape surrounding former President Donald Trump's involvement in Supreme Court cases. Easha Anand provides an in-depth analysis of the Trump v. United States case, where the Court examined the extent of presidential immunity concerning acts related to the 2020 election. The discussion also touches on the broader implications of the Court's rulings on Trump’s legal challenges, including how these decisions might shape future presidential conduct and accountability.

(00:29:27) Chapter 6: Supreme Court’s Role in Protecting Democracy

Pam Karlan and Jeff Fisher discuss the Supreme Court's role in safeguarding democratic processes. They analyze the Court's reluctance to engage deeply in political matters, such as the January 6th prosecution and political gerrymandering, highlighting the tension between judicial restraint and the need to protect democratic values. The chapter concludes with reflections on the broader implications of these decisions for the future of U.S. democracy, particularly in the context of voting rights and election integrity.

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In this episode, lecturer Erik Jensen and Stanford Law and Policy Lab students Sarah Manny and Kyrylo Korol expose how attorney-client privilege can undermine the rule of law.

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The bedrock of the legal profession is a commitment to upholding the rule of law. Unfortunately, as Stanford Law researchers discover in the complex world of international sanctions, lawyers can often facilitate non-compliance and evasion.

It’s been two years since Russia's illegal invasion of Ukraine. And yet, businesses are still skirting sanctions imposed on Russia. As Erik Jensen, director of the Rule of Law Program at Stanford Law School, and law students Sarah Manney and Kyrylo Korol explore in this episode of Stanford Legal, lawyers could be playing a critical role in enabling Russian Oligarchs’ evasive maneuvers.

With hosts Rich Ford and Pam Karlan, the three guests explore the intricate relationship between legal practice and international sanctions, discussing insights from their research, the ethical responsibilities of lawyers, and potential solutions for safeguarding the rule of law.

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Kyrylo Korol discusses the responsibility of lawyers to uphold democracy and the impact of their actions on the profession. Hosts Rich Ford and Pam Karlan introduce the topic of Russia's invasion of Ukraine and the international response.

Erik Jensen explains the inception of the Policy Lab focusing on sanctions against Russia, including the motivation from an S-Term course and subsequent student enthusiasm.

Kyrylo Korol shares his dual perspective as a Ukrainian and American lawyer, emphasizing the need to keep the discussion on Russia's war against Ukraine alive and his personal drive to support Ukraine.

The team discusses the main areas of their research, including the role of Russian oligarchs in the war and the involvement of legal professionals in facilitating sanctions evasion.

The conversation shifts to the comparative study of how different countries regulate lawyers concerning sanctions and money laundering, and the ethical obligations of U.S. lawyers with Sarah Manney.

The team delves into the implications of their findings for the legal profession, discussing the balance between upholding legal privileges and preventing abuse, and addressing systemic risks and de-risking issues.

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Join Pam and Rich for a discussion with Professor Debbie Sivas on recent Supreme Court decisions affecting environmental and administrative law.

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Do courts have the expertise to decide on important environmental law issues? Pam Karlan and Rich Ford speak with environmental law expert Debbie Sivas, director of the Environmental Law Clinic at Stanford, about recent Supreme Court decisions affecting environmental and administrative law--including the Court's decision to overturn decades of settled law by overturning Chevron. What are the implications of the Court's recent blockbuster environmental decisions--the impact on the Clean Air Act, and broader consequences for regulatory agencies and environmental policies. Tune in to explore how these legal shifts could reshape the landscape of environmental regulation in the United States.

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Pam and Rich welcome Professor Debbie Sivas from Stanford's Environmental Law Clinic. They provide an overview of significant Supreme Court cases impacting environmental and administrative law, highlighting the pivotal Loeb or Wright decision that ended Chevron deference.

Examination of the Supreme Court's approach to statutory interpretation versus agency expertise, highlighting cases like Ohio against EPA and the challenges posed by the court's stance on scientific and technical matters.

Analysis of the Major Questions Doctrine's impact on regulatory power and the potential resurgence of the Non-Delegation Doctrine, focusing on how these legal principles shape environmental policy and agency authority.

Detailed discussion on the Ohio against EPA case, its current status, and the implications of the Supreme Court's emergency stay decision on future regulatory actions and environmental protections.

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