Unscripted Direct

(0:00:00) Spencer and Justin talk about how their programs are wrapping up this season — and what they’ll be hosting next season. (0:07:30) The Break: Results from GW’s Estrella and two inaugural competitions: the Crimson Cup at Harvard, and the Amicus Competition in Las Vegas. (0:08:41) She Killed the Cows. TYLA's Major Atina Stavropoulos joins us to discuss her work as a JAG attorney,  “nominalization,” and a certain bovine-related case problem she wrote. (0:35:22) Suggested Plagiarism with UCLA Law's Professor of the Year, Eileen Scallen. She explains how she teaches the most challenging concept in Evidence: "not for the truth of the matter asserted." She also argues why being kind is more important than being nice, explains why she stopped cold calling, and offers the hot take that no one actually uses the Socratic method. (1:15:07) Here's an Idea: Spencer asks others for ideas. 

(0:00:00) We say goodbye to Judge Roberts, but he doesn't want to leave. (0:11:23) The Break. Results from the Bayou, New Orleans, and San Antonio. Plus, some interesting case balance stats. (0:17:42) Howard's Hon. Adam Hunter.  In one of the most inspiring interviews we've had, Judge Hunter talks about coaching his alma mater, his new job as an administrative law judge, and the one word he won't use with his students. (0:41:30) Predictions are Hard: Nationals Recap. First, Adam and Jared explain their expensive revenge on Spencer. Then we announce results. Will Jared Rosenblatt be a gracious winner? Take a $@&%ing guess. (0:52:25) Here's an idea. Spencer envisions a mock trial stock exchange.

Spencer is joined by Judge Jim Roberts (Cumberland Law), as they travel to both national competitions in one weekend! 

In Part 2, they head to New Orleans for AAJ's Student Trial Advocacy Competition. They enjoy war stories from one of the Big Easy's most famous trial lawyers, interview AAJ's president and staff, chat with coaches, and eavesdrop on the trials and announcements. They also check in with their correspondents back in San Antonio at TYLA’s National Trial Competition. 

Can Spencer and editor Sam Chase survive the temptations of New Orleans nightlife?  Will the Judge ever relinquish the microphone? And who will be the last teams standing? 

Spencer is joined by Judge Jim Roberts (Cumberland Law), as they travel to both national competitions in one weekend! 

In this episode — Part 1 — they start in San Antonio for TYLA’s National Trial Competition. They talk to coaches and students, interview Fellows from the American College of Trial Lawyers and leaders from the Texas Young Lawyers Association, and capture audio from the actual trials. Have coaches meetings gotten more or less contentious over time? What do ACTL judges look for at the highest level of competition? Can Spencer get an Uber driver to care about mock trial?  

(0:00:01) Spencer enjoyed the ambience of a New York restaurant, but is rudely selective in his invite list.  Justin is busy in Westwood, and planning a hectic itinerary for the week.  Also we learn about a new character for next week’s episode.  (0:04:40)  The break.  (0:06:15)  Suggested Plagiarism.  Baylor Law’s Professor Jerry Powell steps out of retirement to teach us another lesson on how to make words come to life.  But first he shares the highlights of retirement, discusses how the tension between demonstrating for students while also helping them find their voice, and explains the penalty for being late to Practice Court.  (0:43:18) Predictions Are Hard.  Fordham’s Adam Shlahet and Hofstra’s Jared Rosenblatt make fun of each other, make fun of each other’s rankings, make fun of the hosts, and occasionally make some predictions.   (1:20:22)  Here’s an Idea.  Spencer’s on a roll!

(0:00:01) Spencer goes skiing, Justin and his students publish an unusual mock trial case, and we discuss the best sports upset of the week. (0:09:38) Two Nebraskans: Steve Schmidt, head coach of Nebraska's team, talks about their regional win and their nationals preparation. Spencer wears his Nebraska hat. (0:24:13) Secret to Success: We interview Dr. Ethan Hinds, the psychologist who helped St. Mary's win the National Trial League. (0:37:23) Suggested Plagiarism: Spencer interviews Alexandra Walsh. After clerking for the US Supreme Court and working for some of the country's biggest firms, Alex became one of America's go-to trial lawyers. She was named Trial MVP of the Year by Law360 and had one of her many wins inducted in the NY Law Journal's Verdict Hall of Fame.  She talks to us about how to construct a direct examination that explains complicated scientific concepts. (1:04:29) Here's an Idea: Spencer's first good idea of the season!

(0:00:01) Spencer and Justin are relieved to learn that, despite the listserv eulogy, Rob McFarland is still alive. (0:11:18) The Break: Results from Trials and Tribulations. (0:11:58) Tournament Recap with Brett Bayne, who explains TNT's novel three-party format.  (0:26:11) Jonathan Miller describes his new career as a travel advocate for trial advocates. (0:36:24) Suggested Plagiarism: Bob Van Nest. With victories in cases involving Apple, Google, and Qualcomm, Bob is one of the most accomplished and award-winning trial lawyers in the world. He joins us to explain how he uses analogies in court -- and why he prizes diverse trial teams. (1:02:43) Here's an Idea. Spencer loses an hour of sleep and decides to change the  world.

(0:00:00) Spencer returns to the show. We somehow discuss whether public defenders should ever hire former prosecutors. (0:05:21) Mailbag! We answer listener questions: first about the etiquette of applying to a competition but declining an invitation -- and then some follow-up questions to Spencer's interview last week.  Justin gets to watch Spencer dance hip hop. (0:15:14) The Break: Results from AAJ STAC regionals and Queens DA Competition. Plus, a dissection of the STAC case -- strengths, and weaknesses, and insane facts about case balance.   (0:22:14) Predictions are Hard: Kate Donoghue and Katie Powers were so busy this weekend they didn't even track who won their bet. We let them know. (0:31:23) Suggested Plagiarism, with NITA's National Education Director, Rhani Lott Choi. Rhani talks about her impressive career and offers some thoughts on teaching cross exam and modeling for students. Then we turn to the main event: how to run a classroom. Rhani discusses how she builds trust, how she delivers effective feedback, and why doesn't solicit feedback from other students. (1:08:31) Here's an Idea. Spencer completely ignores the rules of the segment he made up, and instead asks which national tournament he should attend and record. 

To celebrate the 50th episode, we decided to mix it up. Spencer switches seats from co-host to interview guest, and Justin hosts solo.

(0:00:00) Introduction. Justin has a few thoughts about Stanford. Spencer isn't there to stop him. (0:03:42) The Break. Results from Cap City. (0:04:10) Predictions are Hard. Mercer's Katie Powers and Stetson's Kate Donoghue forecast winners from all 10 AAJ regions. Did they choose a Phil strategy (research) or a Rob strategy (dartboard)? (0:23:22) Main Interview: Berkeley's Spencer Pahlke. Some stuff you knew: Nebraskan, political acitvist, plaintiff's lawyer, aw-shucks good guy. But did you know: His first client was an _____. He used to ____ several nights a week in San Francisco. He doesn't like to ​___ because he has a bad memory. He and his wife cannot _____ together because they're too _____. His favorite guest on the show was _____.  ... And we surprise Spencer with audio clips from some of his students. (1:17:48) Here's an Idea. Justin carries the torch.

(0:00:00) Spencer enjoys a new closet. Justin enjoys a new family member.  (0:04:31) The Break: Results from Costello, Chester Bedell, and the last weekend of NTC regionals. Plus, a necropsy of the cows case. (0:13:04) Suggested Plagiarism: Liberty's Grant Rost teaches storytelling and socio-drama with the help of three  pigs and a wolf. (0:42:56) Predictions are Hard: The winner is exalted. The loser faces the consequences. And the next pair of predictors — for AAJ STAC — is announced.  (0:53:47) STAC Preview. Liz Lippy talks about her work with AAJ and this year’s STAC (Who wrote the case? Zoom regionals forever? Where is Nationals?). She also shares her goals as NALAE’s next president, doesn’t hold back about the NTC regional case, and addresses the rumors that someone else drafted her victorious fantasy football team.  (1:19:31) Here's an Idea. Spencer tried something new: a reasonable idea.