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Miranda Warnings

119 episodes - English - Latest episode: 29 days ago - ★★ - 88 ratings

Join NYSBA’s 118th President David Miranda each week as he interviews some of the biggest names in law and politics. Each week he discusses all things legal – and some that are not. You have the right to remain listening.

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Episodes

New York ERA Ballot Referendum

March 20, 2024 19:28 - 26 minutes - 36.7 MB

Voters in New York State will have a constitutional amendment on the ballot this November. Will they decide to add an equal rights amendment offering protection against discrimination based on gender, national origin, sexual orientation and other factors? In this episode, host David Miranda dives into the issue with the New York State Bar Association's Women in Law Section chair Kimberly Wolf Price. 

Roundtable: NYS Redistricting Decision

January 04, 2024 20:13 - 35 minutes - 32.4 MB

Host David Miranda is joined by political strategist Liz Benjamin and law professor Vin Bonventre to analyze the recent decision by the NYS Court of Appeals on how the state of New York draws its congressional district boundaries. Listen to the spirited conversation covering the decison, the dissent and the possible political implications of this ruling.     

Redistricting, Police Custody and Gun Rights: 2023 NYS Court of Appeals Analysis

December 07, 2023 16:17 - 49 minutes - 49.5 MB

The Miranda Warnings roundtable's December episode takes a critical look at the first cases in the 2023-24 term heard by the state’s highest court. The panel analyzes recent arguments dealing with when a suspect is in custody and should be read Miranda rights and whether police can stop a bicyclist in the same manner as a motorist. The episode was recorded on Dec. 1 shortly after the death of U.S. Supreme Court Associate Justice Sandra Day O’Connor. Albany Law School professor and ...

Roundtable: U.S. Supreme Court Fall Cases To Watch

November 03, 2023 13:22 - 42 minutes - 58.3 MB

The roundtable is back after a summer hiatus with a lively discussion on the cases to watch before the Supreme Court this fall. Host David Miranda is joined by Albany Law professor and court expert Vin Bonventre and political strategist Liz Benjamin.  

Jury Duty's Alan Barinholtz

July 26, 2023 11:00 - 33 minutes - 46.1 MB

The New York State Bar Association’s latest episode of its “Miranda Warnings” podcast features an interview with Alan Barinholtz talking about his newfound stardom and the success of the comedy series” Jury Duty.” Barinholtz plays judge Alan Rosen in the 8-part series streaming on Amazon’s Freevee channel. The show examines what it’s like to be on a sequestered jury during a civil liability case. In the show, however, all of the people are actors except for one juror named Ronald G...

Roundtable: NYS 2023 Legislative Session - Historic or Ho Hum?

June 14, 2023 14:06 - 29 minutes - 41.3 MB

From assigned counsel rates, to the repeal of Judiciary law 470, and Clean Slate, the Miranda Warnings Roundtable dissects the wins and losses of the session which just wrapped up this week. 

Introducing New York State Bar Association President Dick Lewis

June 08, 2023 20:26 - 29 minutes - 39.9 MB

Dick Lewis sits down with host David Miranda to lay out the vision for his term as president of the New York State Bar Association. HIs priority is to help remove the hurdles that prevent lawyers around the state from fully realizing their potential to succeed professionally while serving clients and expanding access to justice.

Judge Albert Rosenblatt Discusses "The Eight: the Lemon Slave Case and the Fight for Freedom"

May 24, 2023 11:00 - 44 minutes - 61 MB

Former New York State Court of Appeals Judge Albert Rosenblatt joins David Miranda to discuss his book "The Eight: The Lemon Slave Case and the Fight for Freedom". The book details the case of 8 slaves granted freedom by the New York Courts when they arrived in New York harbor. The slaves were property of a Virginia family traveling to Texas by ship which docked in New York.   

May It Please the Campus: The rise in lawyers leading colleges and universities

April 26, 2023 12:55 - 26 minutes - 36.2 MB

Touro Law Professor Patty Salkin discusses the increase in lawyers leading academic institutions and how it is opening new career paths for lawyers. 

Vivian Wesson on AI, Facial Recognition and the Law

March 22, 2023 12:56 - 39 minutes - 54.3 MB

Technology can both help and hurt in the cause of justice. In a fascinating conversation, Vivian Wesson shares how artificial intelligence and facial recognition are being used in both criminal and civil law.   

History of NYSBA: Our Noblest Act: Preventing War and Establishing a World Court

March 07, 2023 21:00 - 27 minutes - 38.3 MB

Past presidents David Miranda and Hank Greenberg discuss a pivotal time in history for America, the world and the New York State Bar Association. Shortly after its founding, the association was at the forefront of international politics leading an effort to establish a world court where nations could arbitrate differences to prevent war.  

NYS Court of Appeals: What's Next?

March 01, 2023 14:27 - 31 minutes - 42.9 MB

 In this month's episode of "Miranda Warnings Roundtable," our panel of experts engage in a lively discussion about the state Senate's rejection of Governor Kathy Hochul's chief judge nominee and the political ramifications. 

Miranda Warnings Roundtable: Justice LaSalle Nomination

January 09, 2023 17:24 - 43 minutes - 60.4 MB

David Miranda, Albany law professor Vin Bonventre and political strategist Liz Benjamin discuss Governor Hochul's nomination of Hector LaSalle for Chief Judge of the Court of Appeals and the State of New York. 

NYSBA Trailblazer: Maryann Saccomando Freedman

December 05, 2022 11:00 - 23 minutes - 32.8 MB

She is a trailblazer in the legal profession and at the New York State Bar Association. Host David Miranda talks to NYSBAs first female president Maryann Saccomando Freedman. They discuss her rise to prominence and how she fought gender stereotypes her entire career.

2022 Midterms: What's Next for the NYS Legislature & Congress?

November 28, 2022 18:12 - 39 minutes - 54.7 MB

We have an election 2022 wrap up on this episode of Miranda Warnings Roundtable. Despite a closer than usual race for New York State Governor Kathy Hochul and the democrats swept statewide offices in November. On the federal level, the predicted red wave never happened. Democrats may actually gain a seat in the U.S. Senate and end up with a close minority in the House of Representatives. This may be the best midterm for the democrats with a democrat in the White House. Since John ...

The Great Dissents

October 31, 2022 10:00 - 34 minutes - 47.6 MB

On this episode of Miranda Warnings, host David Miranda and guest Albany Law Professor Vin Bonventre look at the great dissenting opinions of the last 40 years in New York State's highest court. The 30 minute podcast covers issue that still resonate today like the freedom to marry, patients rights and a suspect's rights during police interrogation.  Bonventre says a dissenting opinion has a greater impact since the judge is making a public statement in opposition to the majority op...

What's Next After Dobbs? Supreme Court Preview

October 17, 2022 15:37 - 48 minutes - 66.8 MB

From affirmative action to voting rights and the regulation of the pork industry, the roundtable panel takes on all the issues before the U.S. Supreme Court this term. Check out the lively discussion right here. 

Depp v Heard & the Effects of Social Media on Trials

September 26, 2022 10:00 - 33 minutes - 45.9 MB

The Johnny Depp v Amber Heard defamation trial did more than fill the gossip columns in the tabloids. The case demonstrated the expanded use and power of social media often by third parties not involved in the actual case. The latest episode of "Miranda Warnings", host David Miranda breaks down the trial and the effects that social media use had in the case and in the court of public opinion. Joining him in the discussion is Scott Malouf, a social media attorney in the Rochester ar...

Miranda Warnings Roundtable: NYS Court of Appeals & 2022 Election

September 12, 2022 10:59 - 34 minutes - 47.7 MB

Miranda Warnings host David Miranda is joined by NYS Court of Appeals expert and law professor Vin Bonventre and political strategist Liz Benjamin. The Roundtable guests discuss recent efforts to influence the commission considering candidates for Governor Hochul to nominate to the NYS Court of Appeals. They also break down the winners and losers in the summer primaries and look forward to the general election in November.  

Miranda Warnings Roundtable: 2022 Decisions & the Future of the Supreme Court

August 16, 2022 18:46 - 38 minutes - 52.5 MB

New York State Bar Association General Counsel David Miranda hosts a lively roundtable with political strategist Liz Benjamin and constitutional law professor Vin Bonventre. They discuss the swing to the right of the US Supreme Court through its rulings handed down in the Spring of 2022.   Rulings on reproductive rights, gun rights and religious rights were just three of several issued the court decided this term. Liz Benjamin says no one should be surprised that the court moved to...

Miranda Warnings Roundtable: The Future of the NYS Court of Appeals

July 29, 2022 18:08 - 34 minutes - 31.8 MB

"Miranda Warnings" host David Miranda is joined by Albany law professor and constitutional scholar Vin Bonventre and former journalist and political strategist Liz Benjamin. The roundtable discuss the recent resignation of Chief Judge Janet DiFiore and what is next for the state's highest court.  

NYS Conceal Carry Law & NYS Legislature Special Session

July 01, 2022 19:29 - 33 minutes - 46.1 MB

In June, the U.S. Supreme Court struck down part of the New York State Law governing the process to obtain a conceal carry permit for a firearms. In the case of the New York State Pistol and Rifle Association v Bruen, the high court found that the “probable cause” language in New York’s law was unconstitutional, ruling that part of the law was in violation of the second amendment. In response, Governor Kathy Hochul called the state legislature back into session to pass new state l...

Cameras In the Courts

June 28, 2022 19:24 - 31 minutes - 43.5 MB

David Miranda took on the issue of cameras in the court and access by the public and the media in this week's episode of his podcast "Miranda Warnings." The issue came back into the public eye recently with several high profile trials like Kyle Rittenhouse, Derek Chauvin and the Johnny Depp v. Amber Heard defamation case. The New York State legislature also took up the issue of New York's law governing cameras in the courts during the legislative session. In March, Senator Brad Ho...

NYSBA President Sherry Levin Wallach

June 01, 2022 18:06 - 36 minutes - 49.9 MB

Sherry Levin Wallach, the 125th President of the New York State Bar Association discusses her priorities as she begins her term. She is focusing on the issues of membership growth and the future of practice in New York. What will legal practice look like going forward in a post-pandemic New York? How can we combat isolation, reconnect and handle mental health challenges facing both clients and their attorneys. Wallach also touches on issues of equal justice for Americans living in U...

T. Andrew Brown on confronting injustice

May 26, 2022 20:50 - 27 minutes - 37.1 MB

New York State Bar Association President T. Andrew Brown joins Miranda Warnings to discuss his term as president, guiding the organization through COVID, and taking on major social issues. The 124th President of NYSBA discusses how he raised the profile of the organization through taking on injustice, advancing the organization internationally and providing members support through the pandemic. 

Supreme Court draft leak feat. Vincent Bonventre and Liz Benjamin

May 06, 2022 17:59 - 47 minutes - 65.9 MB

In a special edition of Miranda Warnings Supreme Court expert Prof. Vincent Bonventre and political insider Liz Benjamin discuss the leak of the Supreme Court's draft decision on abortion. Vincent Bonventre is a recognized Supreme Court expert and Justice Robert H. Jackson Distinguished Professor of Law at Albany Law School. Liz Benjamin is managing director at Marathon Strategies and is former host of Capital Tonight a nightly political telelvision show out of Albany, NY.  You ...

Linda Greenhouse on the politicization of the Supreme Court

January 10, 2022 16:42 - 28 minutes - 39.2 MB

Author, journalist and Supreme Court expert Linda Greenhouse discusses the court's conservative transformation and her book "Justice on the Brink."   Pulitzer Prize winner Linda Greenhouse shares her deep understanding of the Supreme Court and lays out how the institution has gone from being seen as above the political fray to being a deeply political institution.   Her book "Justice on the Brink The Death of Ruth Bader Ginsburg the Rise of Amy Coney Barrret, and Twelve Months That ...

Sen. Gustavo Rivera on bail and parole reform in New York

January 03, 2022 15:35 - 29 minutes - 40.1 MB

New York State Senator Gustavo Rivera discusses the success of charitable bail funds, bail reform and parole reform in this lively episode of Miranda Warnings. Rivera, who is chair of the Senate's Health Committee also discusses the state's approach to the COVID-19 pandemic and vaccine mandates. 

United States Court of Appeals Judge Robert Bacharach

December 27, 2021 17:14 - 58 minutes - 80.5 MB

On this week's episode Judge Robert E Bacharach of the United States Court of Appeals 10th District discusses his book  "Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word." Bacharach discusses how lawyers can craft their arguments to have the most impact in the courtroom. You can order the book here. 

J. David Hammond and Melissa Swartz discuss the exoneration of Anthony Broadwater

December 20, 2021 18:04 - 41 minutes - 56.6 MB

This week on Miranda Warnings defense attorneys J. David Hammond and Melissa Swartz discuss their succesful efforts to exonnerate Anthony Broadwater who served 16 years in prison for the rape of author Alice Sebold. The attorneys detail how a producer on a film adaptation of Sebold's book started to doubt Broadwater's guilt which lead to a reopening of the case.  Hammond and Swartz detail their legal efforts and Broadwater's reaction to Sebold's apology.  If you like listening to M...

Professor Vincent Bonventre on 2021-2022 Supreme Court Term

December 13, 2021 15:07 - 41 minutes - 56.9 MB

This week David Miranda and Vincent Bonventre dive into the many substantial cases facing the Supreme Court this term, including a case involving New York's gun laws and abortion access. Bonventre examines Chief Justice Roberts' evolving role as a moderate voice.   Bonventre is the Robert H. Jackson Distinguished Professor of Law at Albany Law School and this is his 7th appearance on the Miranda Warnings podcast. subscribe, for free, on Apple Podcasts   follow, for free, on Spoti...

Manhattan District Attorney-Elect Alvin Bragg Talks Malcolm X, Ex-President Donald Trump and Mayor-Elect Eric Adams

December 08, 2021 14:39 - 37 minutes - 52.2 MB

Manhattan District Attorney elect Alvin Bragg, the first Black man elected to the office, chats with David Miranda about the challenges facing his office, the reforms he wants to make and major investigations involving President Donald Trump’s businesses and Malcom X.  

Prosecutor Defends Decision To Charge Rittenhouse With Murder

December 08, 2021 14:38 - 53 minutes - 73.4 MB

If Assistant District Attorney Thomas Binger had it to do all over again, he thinks he would confront Kyle Rittenhouse with the images of Gaige Grosskreutz “with his arm nearly blown off” and video of Joseph Rosenbaum “gasping out his least breath.”

Former NY Attorney General Robert Abrams Discusses His Career and Legacy and How We Move Forward

April 19, 2021 12:00 - 35 minutes - 32.4 MB

Abrams who served as attorney general from 1979-1993, talks about how he viewed his position as a way to do important work for the people of New York as well as talking about his legacy and who he sees as the person in New York politics that continues to carry on his legacy. He shares more stories from his new memoir, The Luckiest Guy in the World: My Journey in Politics, including how kept the New York Yankees from moving to New Jersey by convincing former NYC Mayor John Lindsey t...

The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together with Heather McGhee

April 12, 2021 12:00 - 30 minutes - 28 MB

McGhee, the former president of the think-tank Demos, discusses the costs racism has for white people and how it continues to be the common denominator of our most vexing public problems, the core dysfunction of our democracy and constitutive of the spiritual and moral crises that grip us all. She details the history of towns and cities across the country shuttered public pools rather than integrate them and explains how what she calls the 'Solidarity Dividend', gains that come whe...

Sheldon Silver’s Two Biggest Mistakes and Combating Hate Crimes with Carrie Cohen

April 05, 2021 12:00 - 25 minutes - 23.1 MB

Cohen, a partner at Morrison and Foerster in New York talks about her experience prosecuting former New York Assembly Speaker Sheldon Silver, while she was an Assistant U.S. Attorney for the Southern District of New York. She also reveals the two big mistakes that Silver made, which ultimately led to his conviction on felony charges.  Cohen also discusses the recommendations of the NYSBA Task Force on Domestic Terrorism and Hate Crimes, which were adopted by the NYSBA House of Dele...

Recognizing Your Own Implicit Biases with Mirna Santiago

March 29, 2021 12:00 - 33 minutes - 31.1 MB

Santiago who is a member of the law firm Hurwitz and Fine also discusses how systemic racism has an impact on education, which has been exacerbated over the past year due to the COVID-19 pandemic and subsequent school closures. She also shares some ways which these problems can be solved. Santiago also chairs NYSBA’s Committee on Diversity and Inclusion which created a 28-Day Racial Equity Challenge during the month of February, she talks about some of the lessons people can learn ...

The Reasons Why Rudy Giuliani Should be Sanctioned with Michael Miller and Ron Minkoff

March 22, 2021 12:00 - 46 minutes - 42.9 MB

Miller, NYSBA's 121st President and Minkoff, a partner at Frankfurt, Kurnit, Klein & Selz, lay out the details of their complaint against Guiliani in their first in-depth interview on the matter. Miller talks about why he felt compelled to file a complaint after his belief that Giuliani's behavior warranted this act was validated by leaders from New York's organized bar. Miller also passionately talks about the reasons why lawyers who fail to live up to the rules of professional co...

The Reasons Why Rudy Giuliani Should be Disbarred with Michael Miller and Ron Minkoff

March 22, 2021 12:00 - 46 minutes - 42.9 MB

This week on Miranda Warnings Michael Miller and Ronald C. Minkoff join David to talk about the reasons Miller decided to file a grievance complaint against Rudy Giuliani, which could ultimately lead to his disbarment.

A Dire Humanitarian Crisis at the Border and Reuniting Separated Children with Elora Mukhurjee

March 15, 2021 12:00 - 36 minutes - 33.3 MB

Prof. Mukhurjee is the director of the Immigrants’ Rights Clinic at Columbia Law School.  She shares what she witnessed at the border, including the deplorable conditions children were being kept in and what is happening to reunite the over 500 children that have been separated from their parents.  She then discusses her involvement in a case involving forced sterilization of detainees in Georgia. 

The Myth of Voting Fraud, Explained with Samuel Spital of The NAACP Legal Defense Fund

March 08, 2021 13:00 - 33 minutes - 30.6 MB

They take a deep dive into the cases against the USPS and Donald Trump and their potential impact on infringing on the voting rights of millions of Americans.  We also talk about the disastrous consequences of Shelby County vs. Holder a case that stripped key provisions from the 1965 Voting Rights Act.

How Amy Coney Barrett Is Going To Change The Supreme Court with Albany Law Professor Vincent Bonventre

March 01, 2021 13:00 - 35 minutes - 32.3 MB

Professor Bonventre also discusses how the role of Chief Justice John Roberts will evolve once again, now that there is a 6-3 conservative majority on the Supreme Court. He also previews some of the cases the court is likely to decide on this term, including LGBTQ rights and gun rights. On a more light-hearted note, Bonventre also reveals what Alicia Keys, Jon Bon Jovi, Dr. Fauci and his Grandfather all have in common. Bonventre is the Robert H. Jackson Distinguished Professor of...

Why We Need a Domestic Terrorism Law with Frank Figliuzzi

February 22, 2021 13:00 - 34 minutes - 32.1 MB

Figliuzzi also discusses the intelligence failures in the run up to that fateful day and how politics may have played a factor into why the Capitol was left unprotected. He is also the author of the new book The FBI Way: Inside the Bureau’s Code of Excellence and he shares some stories from his FBI days, the FBI’s core values and how James Comey failed to live up to one of Figliuzzi’s “Seven C’s.” If you like Miranda Warnings, you have the right to Rate, Review and Subscribe wher...

Meet The Freshman NY Congressman Who's Very Quickly Become a Leader in Congress

February 15, 2021 13:00 - 26 minutes - 24.5 MB

On his fourth day in office, Rep. Mondaire Jones (D-NY) was on the floor of the House of Representative with members of the Democratic Party leadership, listening to what had been, until Jan. 6, 2021, a routine part of the peaceful transfer of power between outgoing and incoming administrations. Before long, he and other members of Congress were told that there had been a breach and that insurrectionists were likely headed to the room where they were standing. “There was no confide...

NFLPA Executive Director DeMaurice Smith Doesn’t Stick to Sports | Miranda Warnings

September 28, 2020 12:00 - 40 minutes - 37.6 MB

Smith discusses the role NFL players can take within their communities by getting involved in the political process as well as some of the tangible things players have negotiated with NFL owners including using several NFL stadiums as polling sites, giving the players off on Election Day and how proud he is of players continuing to find ways to protest. They also discuss how the NFL put together an actionable mass testing and contact tracing program and juxtaposes his response to t...

Modern Government is Under Legal Assault with Cass Sunstein | Miranda Warnings

September 21, 2020 13:00 - 30 minutes - 28 MB

Sunstein, who also served as the Administrator of the White House Office of Information and Regulatory Affairs from 2009-2012, also discuss the attacks being laid against many federal agencies, like the EPA, Department of Labor and the Department of Transportation.  They also discuss the eight ways the 'Rule of Law' fails and how for the most part much of the court have been deciding on over the past few years have been very pro-rule of law. He also lays out some clear examples of ...

The Civil Case Against Harvey Weinstein, the NCAA and the University of Southern California with Elizabeth Fegan | Miranda Warnings

September 14, 2020 13:02 - 23 minutes - 21.2 MB

Fegan, who is a founding member of FeganScott also details how she intends to prove there was a pattern and practice of abuse committed by Weinstein, which would allow for a more safe process for women to come forward to prove damages on an individual basis. In another civil case where she is lead counsel, Fegan talks about her current class-action suit against the NCAA and her case against former Univerisity of Southern California gynecologist George Tyndall.  The USC case which ...

The Defense Of Harvey Weinstein with Arthur Aidala & Barry Kamins | Miranda Warnings

September 08, 2020 12:00 - 40 minutes - 37.6 MB

Over the next two episodes of Miranda Warnings, David will be speaking with defense attorneys and attorneys involved in civil lawsuits against disgraced Hollywood producer Harvey Weinstein. Arthur L. Aidala, Esq. and Hon. Barry Kamins are a part of the team that represented Harvey Weinstein, in his defense against six felony sexual assault and rape charges. They talk to David about how their firm became involved representing Weinstein and the challenges that occur representing such...

The Supreme Court Goes Digital, Kind Of with Professor Vincent Bonventre

August 31, 2020 12:00 - 29 minutes - 27.5 MB

Vincent Bonventre is the Justice Robert H. Jackson Distinguished Professor of Law at Albany Law School and he returns to make his fifth appearance on the show.  He and David discuss the Supreme Court’s most recent cases. Miranda Warnings is hosted by NYSBA’s 118th President David Miranda.

'True Crimes & Misdemeanors: The Investigation of Donald Trump' with Jeffrey Toobin | Miranda Warnings

August 24, 2020 12:00 - 31 minutes - 28.5 MB

Toobin discusses some of the decisions made by key players involved with the Russia investigation including; James Comey, Robert Mueller, Bill Barr, and Rudy Giuliani, one of whom, in Toobin's view, committed one of the greatest failures of lawyering in American history. Buy 'True Crimes and Misdemeanors: The Investigation of Donald Trump, here. - https://www.amazon.com/True-Crimes-Misdemeanors-Investigation-Donald/dp/0385536739 Miranda Warnings is hosted by NYSBA' 118th Presiden...