Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
24 episodes - English - Latest episode: almost 2 years ago - ★★★★★ - 19 ratingsRuth Bader Ginsburg was a major force in American jurisprudence. Her decisions and dissents offer a thoughtful and rigorous legal analysis, and demonstrate her ongoing commitment to gender equality and equal justice for all. To honor her life and storied work, Patterson Belknap is proud to present “Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg,” a podcast exploring the late Justice’s cases, decisions, and dissents, and her impact on the rule of law in the United States. Hosted by Patterson Belknap Partner Michelle M. Bufano, and sponsored by Women Lawyers at Patterson, each episode of “Notorious” will include an in-depth discussion of one of Justice Ginsburg’s decisions or dissents, as well as the relevant historical context, and will feature Patterson Belknap lawyers with invited guests.
Homepage Apple Podcasts Google Podcasts Overcast Castro Pocket Casts RSS feed
Episodes
Season 3: Episode 5: RBG, Justice Marshall and the Death Penalty (Part 2)
July 19, 2022 18:32 - 36 minutes - 33.1 MBIn Season 3, Episode 5 of Notorious, we continue to discuss the Eighth Amendment’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg’s views and how those views intersect with those of Justice Marshall. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, a...
Season 3: Episode 4: RBG, Justice Marshall and the Death Penalty (Part 1)
July 07, 2022 13:28 - 43 minutes - 39.8 MBIn Season 3, Episode 4 of Notorious, we discuss the Eighth Amendment’s prohibition against cruel and unusual punishment – from Justice Marshall’s viewpoint, as well as Justice Ginsburg’s viewpoint. This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall’s views and historical context. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Gloss...
Season 3: Episode 3: Justice Ginsburg and Justice Marshall’s Views on Campaign Finance
May 31, 2022 16:07 - 42 minutes - 77.9 MBIn Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign. Guests will include Patterson Belknap Partner Alejandro H. Cruz and Patterson Belknap Associates Greg Margolis and Bonita L. Robinson. Related Resources: For a selection of Justice Ginsb...
Justice Marshall & Justice Ginsburg First Amendment Jurisprudence
April 26, 2022 12:47 - 44 minutes - 40.7 MBIn Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg’s and Justice Marshall’s jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner Michelle Bufano; Patterson Belknap Counsel Jacqueline Bonneau; and Patterson Belknap Associates Greg Mar...
Season 3, Episode 1: Justice Marshall & Justice Ginsburg’s Judicial Philosophies
March 31, 2022 12:52 - 50 minutes - 46.4 MBIn Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall’s and Justice Ruth Bader Ginsburg’s contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include Judge Joseph A. Greenway Jr., who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; Gregory L. Diskant, Patterson Belknap Of Counsel and former ...
Season 2: Episode 6: 2020-2021 Supreme Court Term
September 18, 2021 13:39 - 53 minutes - 48.9 MBFeaturing guest speakers, Corey Brettschneider, a professor at Brown University and editor of Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, and Joshua Block, Senior Staff Attorney with the ACLU’s LGBT & HIV Project. In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg’s influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obste...
Season 2: Episode 5: A Discussion of Ricci v. DeStefano
September 17, 2021 14:17 - 44 minutes - 40.7 MBIn Season 2, Episode 5 of Notorious, we discuss the case of Ricci v. DeStefano, which involved the question of whether the city of New Haven, Connecticut violated the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act when it rejected the results of a civil service exam given to firefighters. The results of the exam showed that white candidates had out-performed minority candidates and the question was raised as to whether the exam was discriminatory. ...
Season 2: Episode 4: A Discussion of Adarand Construction v. Pena
September 16, 2021 14:38 - 48 minutes - 44.4 MBIn Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment. In this case, Adarand, a contractor specializing in highway guard rail work, submitted the lowest bid as a subcontractor for part of a project funded by the United States Department of Transportation. Un...
Season 2: Episode 3: A Discussion of Grutter v. Bollinger
September 15, 2021 14:38 - 45 minutes - 41.6 MBIn Season 2, Episode 3 of Notorious, we discuss the case of Grutter v. Bollinger, which involved the question of whether a law school admissions policy that considered race as a factor in admissions violated the Equal Protection Clause of the Fourteenth Amendment or Title VII of the Civil Rights Act of 1964. The 5-4 majority opinion decided that the law school’s admission policy complied with the Equal Protection Clause and was written by Justice O’Connor and joined in whole by Justice Gi...
Season 2: Episode 2: A Discussion of Gonzales v. Carhart
September 14, 2021 14:47 - 43 minutes - 39.8 MBFeaturing guest speaker, Mai Ratakonda of Planned Parenthood Federation of America. In Season 2, Episode 2 of Notorious, we discuss the case of Gonzales v. Carhart, which involved the Supreme Court’s consideration of the constitutionality of The Partial-Birth Abortion Ban Act of 2003 (“the Act”). In 2003, Congress passed and President Bush signed the Act into law. Dr. LeRoy Carhart and other physicians, who performed late term abortions, sued to stop the Act from going into effect. A feder...
Season 2: Episode 1: A Discussion of Justice Ginsburg’s Influence on Overcriminalization
September 13, 2021 15:26 - 55 minutes - 51.1 MBIn Season 2, Episode 1 of Notorious, we explore Justice Ginsburg’s influence on overcriminalization in our justice system. Specifically, we discuss the broad statutes passed by Congress, the latitude afforded to prosecutors under these statutes, judicial interpretations of the law and the possibility that strict literalism in interpretation can lead to unintended results. We analyze the cases of Cleveland v. United States, Skilling v. United States, Yates v. United States, as well as Justi...
Announcing Season 2: Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
September 09, 2021 19:20 - 56 seconds - 881 KBWe’re back, with a new season of Notorious, continuing our discussions of the late Justice Ruth Bader Ginsburg’s notable decisions and dissents. Season Two will air for six consecutive days beginning Monday, September 13th, with our final episode airing on Saturday, September 18th—the one year anniversary of Justice Ginsburg’s passing.
Reproductive Freedom: A Discussion of Whole Woman’s Health v. Hellerstedt
April 28, 2021 14:58 - 40 minutes - 37.1 MBFeaturing guest speaker, Mai Ratakonda of Planned Parenthood Federation of America. In Episode 12 of Notorious, we discussed the case of Whole Woman’s Health v. Hellerstedt, which addressed issues related to reproductive freedom. At issue was a Texas Law that placed restrictions on physicians and facilities performing abortions. As a result, the U.S. Supreme Court considered whether the provisions violated the Due Process Clause of the 14th Amendment. Writing for the majority, Justice ...
Three Cheers for Beer: A Discussion of Craig v. Boren
April 21, 2021 13:48 - 38 minutes - 35.2 MBIn Episode 11 of Notorious, we discussed the case of Craig v. Boren, in which Ruth Bader Ginsberg, an attorney for the ACLU, helped shape a new level of judicial review in gender discrimination cases, appearing as amicus curiae. In addressing Oklahoma laws that prevented young men, but not young women, from consuming low alcohol-content beer, the United States Supreme Court held that the gender classifications at issue were unconstitutional under the Equal Protection Clause of the Fourteen...
A Tale of “Hanging Chads”: A Discussion of Bush v. Gore
March 31, 2021 13:36 - 39 minutes - 36 MBFeaturing Guest Speaker, Professor Rick Hasen of the University of California, Irvine. In Episode 10 of Notorious, we discussed the case of Bush v. Gore, which involved one of the closest presidential elections in United States history at that time. This case concerned the 2000 presidential election between George W. Bush and Al Gore. After Gore won the popular vote, the election’s outcome was contingent upon Florida and its twenty-five electoral votes. After Gore requested a recount of vo...
Strategic Gradualism: A Discussion of RBG’s Criminal Sentencing Jurisprudence
March 17, 2021 13:51 - 52 minutes - 48.4 MBIn Episode 9 of Notorious, we discussed a series of cases related to criminal sentencing, including: Apprendi v. New Jersey, United States v. Booker, and Kimbrough v. United States. Justice Ginsburg’s contributions to our country’s jurisprudence focus heavily on equality. Although less discussed, her criminal procedure jurisprudence expresses her commitment to fairness and equality. The area of criminal procedure where this dedication to fairness is particularly evident is in sentencing....
No Ordinary Piece of Cake: A Discussion of Masterpiece Cakeshop, Ltd. v. Colo. Civil Rights Comm’n
March 03, 2021 15:25 - 46 minutes - 42.4 MBFeaturing guest speaker, Joshua Block of the American Civil Liberties Union. In Episode 8 of Notorious, we discuss the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. The U.S. Supreme Court addressed whether the actions of the Colorado Civil Rights Commission (CCRC), under the Colorado Anti-Discrimination Act, in assessing a cakeshop owner’s reasons for declining to make a cake for a same-sex couple’s wedding celebration, violated the Free Exercise Clause of the First A...
“The Ballot is Stronger than the Bullet”*: A Discussion of Shelby County v. Holder
February 17, 2021 17:04 - 51 minutes - 47.1 MBFeaturing guest speakers, Kerry Abrams, Guy-Uriel Charles, and Neil Siegel of Duke University School of Law. In Episode 7 of Notorious, we discuss the case of Shelby County v. Holder. The U.S. Supreme Court addressed the constitutionality of two provisions of the Voting Rights Act of 1965. The provisions at issue were Section 5, which requires certain states and local governments to receive federal preclearance prior to implementing changes to their voting laws or practices; and Section...
Let’s Get Personal: A Discussion of Daimler v. Bauman
February 03, 2021 16:26 - 37 minutes - 34.7 MBFeaturing guest speaker, the Honorable Helen E. Freedman (Ret.), who served 36 years on the New York State Court bench. In Episode 6 of Notorious, we discuss the case of Daimler A.G. v. Bauman. This case addressed the issue of personal jurisdiction. A German corporation, Daimler A.G., was being sued in California federal court for injuries allegedly caused by Daimler’s conduct that took place entirely outside the United States. Writing for an 8-1 majority of the U.S. Supreme Court, Ju...
Finding Religion in Unexpected Places: A Discussion of the Establishment Clause
January 21, 2021 17:44 - 53 minutes - 48.4 MBIn Episode 5 of Notorious, we mix up the format a bit and discuss the Establishment Clause of the First Amendment in the context of several cases. No issue under the Establishment Clause reached the U.S. Supreme Court until 1947. Thus, our discussion starts with Everson v. Board of Education, a landmark decision that applied the Establishment Clause in the country's Bill of Rights to state law. We conclude with an analysis Justice Ginsburg’s dissent in the 2019 case of American Legion v...
Leading the Way to Equal Pay: A Discussion of Ledbetter v. Goodyear Tire & Rubber Co., Inc.
January 05, 2021 04:10 - 49 minutes - 39.7 MBIn Episode 4 of Notorious, we address the case of Ledbetter v. Goodyear Tire & Rubber Co. Decided in 2007, Ledbetter addressed the issue of gender discrimination in the context of equal pay. Writing for a 5-4 majority of the U.S. Supreme Court, Justice Alito found that employers cannot be sued under Title VII of the Civil Rights Act of 1964 over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Thus, the Court rejected Ledbett...
Underneath the Corporate Veil: A Discussion of Burwell v. Hobby Lobby Stores, Inc.
December 12, 2020 18:36 - 37 minutes - 27.2 MBIn Episode 3 of Notorious, we address the case of Burwell v. Hobby Lobby Stores, Inc. Decided in 2014, Hobby Lobby addressed the contraceptive requirement in a regulation adopted in conjunction with the Affordable Care Act. Hobby Lobby, and other closely held corporations, argued that the requirement was unconstitutional because it violated the Religious Freedom Restoration Act. A 5-4 majority of the United States Supreme Court, in an opinion authored by Justice Alito, struck down the c...
With Equality, A Glorious Asset: A Discussion of United States v. Virginia
December 12, 2020 17:11 - 39 minutes - 33.7 MBIn the second episode of Notorious, we discuss the 1996 case of United States v. Virginia, also known as the VMI case. This case, like Reed v. Reed from Episode 1, addressed the issue of gender equality under the Equal Protection Clause of the Fourteenth Amendment. The majority opinion, written by Justice Ginsburg, reviewed the policy under a heightened scrutiny judicial standard and struck down the all-male admissions policy at the Virginia Military Institute (“VMI”). Galen Sherwin, an ...
In the Beginning . . . : A Discussion of Reed v. Reed
December 11, 2020 23:14 - 50 minutes - 63.6 MBIn this inaugural episode of Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg, we discuss the 1971 case of Reed v. Reed. The case addressed an Idaho statute, which favored males over females as administrators of estates. Petitioner Sally Reed sought to be named administrator of her deceased son’s estate in lieu of her estranged husband. The brief on behalf of Sally Reed was co-authored by then Rutgers Law School Professor, Ruth Bader Ginsburg and the American Civil Liberties Un...