Reasonably Speaking
43 episodes - English - Latest episode: about 2 months ago - ★★★★ - 16 ratingsThe law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.
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Episodes
Exploring ALI's History and Influence
March 05, 2024 05:05 - 1 hour - 68.7 MBOn the occasion of ALI’s anniversary, we brought together three of our project Reporters to talk about ALI’s history and a few of our most influential projects. In this discussion, ALI Centennial History Book Editor Andrew Gold is joined by Deborah A. DeMott (Reporter for Restatement of the Law Third, Agency), John C.P. Goldberg (Associate Reporter for Restatement the Law Fourth, Property), and Erin E. Murphy (Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses).
ALI Oral History Series: Roberta Cooper Ramo and Michael Traynor
February 08, 2024 05:10 - 1 hour - 60.4 MBMike served as ALI's eighth president from 2000 to 2008, and Roberta as ALI's ninth and first woman president from 2008 to 2017. Both are recipients of ALI's Distinguished Service Award. Beyond the ALI, Mike is senior counsel at Cobalt in Berkeley, California. He's a member of the American Academy of Arts and Sciences and the American Academy of Appellate Lawyers, among others. He's the recipient of the U.S. Court of Appeals for the Ninth Circuit's John P. Frank Award. Mike is an honorary li...
Free Speech on Campus
January 25, 2024 05:05 - 56 minutes - 51.9 MBThe tension between protecting and promoting freedom of speech is no better exhibited than in the university setting. Historically, colleges have been a place where young minds have been encouraged to exercise true freedom of thought. But to what extent is that freedom protected? Additionally, how does that freedom extend to university faculty? On this episode of Reasonably Speaking, ALI President David F. Levi is joined by constitutional law expert Geoffrey R. Stone, Edward H. Levi Disti...
McKeown on the Environmental Legacy of William O. Douglas
January 24, 2023 06:00 - 52 minutes - 48.4 MBALI President David F. Levi sits down with M. Margaret McKeown, senior judge of the U.S. Court of Appeals for the Ninth Circuit, for a discussion on McKeown’s new book, Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion. U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, particularly as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment...
The Public's Confidence in the Supreme Court
September 07, 2022 05:00 - 1 hour - 87.9 MBThe Supreme Court of the United States has historically received criticism from all sides of the political spectrum. However, recent Gallop polls suggest a significant loss in confidence by the American people in several institutions of government, including the Court. These ratings were from June 2022 before the last few controversial decisions of the U.S. Supreme Court were entered, including the abortion case Dobbs v. Jackson Women’s Health Organization and the New York gun case New York ...
Principles to Guide Electoral Count Act Reform
May 12, 2022 05:00 - 48 minutes - 67.2 MBIn April 2022, at the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views, came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide ECA reform, as well as specifi...
A Conversation with Justice Stephen G. Breyer: The Authority of the Court and the Peril of Politics
January 27, 2022 06:00 - 1 hour - 59.4 MBU.S. Supreme Court Justice Stephen Breyer spoke about his new book, The Authority of the Court and the Perils of Politics, and his views on judicial decision-making with David F. Levi, director of the Bolch Judicial Institute at Duke Law School and president of The American Law Institute. During the hour-long conversation, Breyer reflects on his 27 years on the Court and discusses the roots of the Court’s authority and its relationship to the political branches of government. The power of t...
Completing an ALI Project: Lessons from Reporters
April 22, 2021 05:00 - 44 minutes - 40.6 MBHave you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting. In this episode of Reasonably Speaking, Reporter on one of our newest projects, Lyrissa Lidsky from Restatement of the Law Third, Torts: Defamation and Privacy will moderate the panel of Matthew L.M. Fletcher (American Indian Law), Geoffrey P. Miller (Compliance and Enforcement for ...
Challenges to the 2020 Election: the Solicitors' Perspective
March 11, 2021 06:00 - 1 hour - 66.8 MBALI President David F. Levi is joined by three former Solicitors General, Walter E. Dellinger, Donald B. Verrilli, and Seth P. Waxman, to discuss the topic of election litigation and reflect upon the unconventional challenges faced in the 2020 presidential election.
The U.S. Presidency: Looking Forward
January 14, 2021 14:00 - 1 hour - 68.7 MBJoin us for this episode of Reasonably Speaking where top scholars in U.S. presidency and political science discuss the the history of the U.S. presidency and its future "post–Trump." Moderated by: ALI President David F. Levi Panel: Jack Landman Goldsmith, Harvard Law School David M. Kennedy, Stanford University Terry M. Moe, Stanford University Daphna Renan, Harvard Law School
Children and the Law: Protecting the Vulnerable in a Time of Crisis
December 15, 2020 06:00 - 1 hour - 54.9 MBThe treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children have only been compounded. In this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive pane...
MDLs Go Mainstream: Mass Torts Today
November 24, 2020 06:00 - 1 hour - 73.2 MBThis episode explores the multidistrict litigation (MDL) from their origins to current examples and recommended reforms. When complex issues effect large numbers of people, MDLs are often seen as the most efficient way to consolidate and manage those cases, recent examples include opioids and Roundup. Led by MDL expert and scholar Elizabeth Chamblee Burch, participants will discuss the nuances of MDLs and examine how all involved in the process should never lose sight of the human element ...
Election 2020: When Are Results Official and What Happens if Results Are Disputed
September 29, 2020 05:22 - 55 minutes - 50.4 MBThe 2020 election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that this group of election law experts will tackle. Every election year presents its own unique set of challenges, but 2020 has been a uniquely challenging year. What can voters expect on and after Election Night? Election results are never final unti...
How Courts Are Addressing Racial Disparities in the Administration of Justice
August 05, 2020 05:36 - 57 minutes - 46.2 MBSince the killings of George Floyd, Breonna Taylor, and Ahmaud Arbery, civil unrest has spread throughout the United States, causing many American citizens to question racial equality in every corner of our society. In this episode we will explore one of those corners, the justice system, to discuss how our courts and judges are addressing the complex topic of racism and racial disparities. The panel also explores racial education programs for federal judges, the disparities in sentencing fo...
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
July 23, 2020 05:59 - 1 hour - 53.4 MBIn Liu v. SEC (June 22, 2020), the Supreme Court of the United States held, in an enforcement action by the Securities and Exchange Commission, that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted “equitable relief” that was permissible under the Securities Exchange Act of 1934, 15 U.S.C. § 78u(d)(5), rather than punitive sanctions, which were historically excluded from the definition of “equitable relief” under the Act. This episod...
Faithless Electors: SCOTUS Decisions and Implications for November
July 15, 2020 05:02 - 1 hour - 57.2 MBOn July 6, the Supreme Court of the United States held that states may replace and even punish “faithless electors,” the term used for a member of the U.S. Electoral College who does not vote for the presidential or vice presidential candidate they pledged to support. This episode will consider the implications of the Court’s ruling and reasoning for a broader set of questions on the Electoral College system and what might happen in this year’s election. What if there is a 269-269 tie (hard...
The Plague of Excessive Force - Working Together to Find a Cure
July 01, 2020 08:00 - 1 hour - 49.7 MBThis episode of Coping with COVID shifts attention from one pandemic to another, the plague of excessive force by police officers. This is an old and longstanding problem receiving new attention in the aftermath of the death of George Floyd. Although we have witnessed these atrocities in the past, across the nation, citizens are coming together with a renewed strength to work together to find a solution. There is much to be done. It is a difficult moment in our history, and yet, amid this i...
Absentee Balloting: Preparing for the November Election
June 18, 2020 05:12 - 1 hour - 54.6 MBIn its April 2020 primary election, Wisconsin experienced serious problems in its absentee balloting processes, which led to a federal court case (RNC v. DNC) that the U.S. Supreme Court ultimately resolved on election eve. The problem was that in the face of the current pandemic, the number of voters who requested an absentee ballot overwhelmed the election officials’ ability to get the ballots to the voters in time to cast them. The result was the disenfranchisement of tens of thousands of...
ALI Oral History Series: Ken Frazier
June 11, 2020 14:15 - 1 hour - 56.2 MBFeaturing one of the series of interviews that ALI is conducting as part of ALI’s Oral History Series, in this episode ALI Council Member Kenneth Frazier of Merck is interviewed by Alfred W. Putnam Jr. of Faegre Drinker Biddle & Reath. This interview was conducted on January 22, 2020. Ken was elected to ALI membership in 1996, and to ALI’s Council in 2003. He has served as the Chairman of the Board and Chief Executive Officer of Merck since 2011. He joined the company in 1992 and has held ...
Coping with COVID: When is it safe to work?
June 09, 2020 05:00 - 56 minutes - 51.5 MBThe current public health crisis has raised a variety of new challenges in the workplace. What is the employer's responsibility to keep employees safe? Is an employee able to refuse to work? Can an employee share medical information without adverse consequences? Join us for this episode of Reasonably Speaking when we are joined by lawyers and scholars who are on top of these and other very complex issues of fairness, privacy, safety and the law. Moderated by: David F. Levi | President, The...
Coping with COVID: Administering Jury Trials, Mediations, and Complex Litigation
May 21, 2020 15:00 - 1 hour - 73.5 MBAs we saw in the first episode of Season 2, our state and federal courts have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to digital. In this episode, judges and court administrators reveal how procedures and processes that traditionally rely heavily on in-person interactions, such as jury trials or mediations, can be modified to accommodate social distancing. The panel also explores how complex litigation, in...
Robert L. Wilkins v. Maryland State Police
May 14, 2020 05:26 - 18 minutes - 15 MBThis episode features a previously un-aired portion of the season one episode “Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture.” On that episode, Judge Paul Friedman of the U.S. District Court for the District of Columbia sat down with Judge Robert Wilkins of the U.S. Court of Appeals for the District of Columbia Circuit to talk about his book of the same title. During the recording of that episode, Judge Wilkins mentioned a...
Coping with COVID: Leading through Uncertainty - Perspectives from the Private Sector
May 12, 2020 05:11 - 58 minutes - 53.6 MBDon’t miss this episode, as we welcome Katherine Adams, Senior Vice President and General Counsel of Apple; Ivan Fong, Senior Vice President, General Counsel & Secretary of 3M; Ken Frazier, Chairman and CEO of Merck; and Malini Moorthy, Vice President and Chief Deputy General Counsel of Medtronic, as they discuss how their companies are responding to the COVID crisis. Moderated by ALI President David F. Levi, the panel will discuss how companies are pivoting to increase output of critical s...
Medical Malpractice in the Restatement Third of Torts
May 07, 2020 05:32 - 40 minutes - 37 MBThis episode explores one aspect of our ongoing project, Restatement of the Law Third, Torts: Concluding Provisions. Specifically, we'll be discussing medical malpractice. Torts was one of the first Restatements completed by The American Law Institute. Now in the Third series, nearly 90 years later, medical malpractice has never been included in any Restatement series until now. Led by Restatement Reporter Michael Green, the participants will discuss why now is a particularly opportune time...
Coping with COVID: How Law Schools Are Educating Students and Fostering Community
April 30, 2020 05:00 - 1 hour - 56.7 MBIn this third installment of the “Coping with COVID” series, ALI President David F. Levi is joined by six law school deans to discuss how their schools are adjusting to remote learning, including adapting experimental classes, clinics, and other hands-on courses to the online format. The deans also discuss how law schools are responding to the crisis by adjusting their admissions processes and re-allocating resources, all while maintaining a normal level of scholarly exchange and excitement....
Coping with COVID: Legal Services Organizations on the Frontlines
April 23, 2020 05:00 - 58 minutes - 53.4 MB"Coping with COVID: Legal Services Organizations on the Frontlines" welcomes several accomplished lawyers who lead legal services organizations and who are working hard to assist people with critical legal needs. Our country has long struggled to meet the needs of people who cannot afford legal services and the COVID crisis has only exacerbated these needs. These leaders discuss how they are persevering in their efforts to serve their clients and how the COVID crisis may be providing a push ...
Coping with COVID: How Courts Are Preserving Access to Justice
April 16, 2020 05:00 - 1 hour - 50.3 MBThis is the first installment of a series of episodes on "Coping with COVID." Produced jointly by the Bolch Judicial Institute of Duke Law School and The American Law Institute, this series examines the impact of the COVID-19 pandemic on the legal system. Moderated by David F. Levi, ALI President and Director of the Bolch Judicial Institute, this episode features top state and federal judges as they discuss how our courts are meeting the challenge of continuing to administer our justice syst...
May It Please the Court Part II: A Closer Look at Arguing in Front of SCOTUS
July 16, 2019 05:02 - 39 minutes - 36.2 MBIn this episode, we spend time with Paul D. Clement, who served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years. He has argued nearly 100 cases before the United States Supreme Court. The American Law Institute would like to thank Oyez for excerpted portions of Supreme Court oral arguments. Thi...
Why Is Defining Consent So Difficult?
June 04, 2019 04:00 - 44 minutes - 40.6 MBConsent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways. In this episode, two experts on the topic, Criminal Law Professor Aya Gruber and AEquitas Co-Founder and CEO Jennifer Long, discuss and debate the potential for success and failure of implementing an “affirmative consent” requirement, h...
Responding to Sexual Assault Allegations on Campus
May 14, 2019 04:00 - 35 minutes - 32.4 MBColleges and universities face special challenges in designing and implementing procedures to respond to campus sexual and gender-based misconduct, while maintaining an academic community with equal educational opportunities for all students. In this episode Suzanne Goldberg, Professor of Law at Columbia Law School and Executive Vice President for University Life at Columbia University, and Gil Sparks, member and past Chairman of the Board of Trustees of the University of Delaware, discuss ...
Creating a Strong Corporate Compliance Program
May 07, 2019 04:00 - 41 minutes - 38.1 MBBoard members, business owners, employees, and even customers should all be interested in a company’s compliance policies and adherence to them. Why? Because there is much at stake. Join us for this episode when we ask two compliance experts about the greatest challenges in creating a strong compliance program and establishing a corporate culture that supports it. We welcome Ivan Fong, Senior Vice President of Legal Affairs and General Counsel at 3M. In 2018, 3M was named to Forbes’ list of...
Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture
April 30, 2019 04:00 - 55 minutes - 51.1 MBOn this episode, Judge Paul Friedman of the United States District Court for the District of Columbia sits down with Judge Robert Wilkins of the United States Court of Appeals for the District of Columbia Circuit to talk about his book Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture. As his book title indicates, attempts and failures to build a museum dedicated to African American history date back more than 100 years. Judg...
Coming to Terms with Consumer Contracts
April 16, 2019 04:05 - 26 minutes - 24.7 MBConsumer contracts are everywhere. The number of contracts you enter into today may surprise you. Most of the contracts you enter into no longer involve a pen and paper. Purchasing a morning coffee, visiting a website, or scheduling a delivery are just a few daily transactions that more often than not include contract terms. In this episode, consumer contract experts Omri Ben-Shahar and Florencia Marotta-Wurgler discuss several types of consumer contracts, enforceability of terms, and the p...
Race and Policing Part 2: Predictive Policing, Funding Priorities, and Working Toward a Solution
April 09, 2019 04:00 - 34 minutes - 31.4 MBIn part two of this two-part episode, Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund, Inc., Barry Friedman, New York University Law professor and director of NYU’s Policing Project, and John Malcolm of the Heritage Foundation continue the discussion about the intersection of race and policing in the United States. The application of new technologies and the danger of doing so without oversight is discussed, as well as some suggestions about what everyone can do to make a pos...
Race and Policing Part 1: History, Training Programs, and Police as First Responders
April 02, 2019 04:00 - 44 minutes - 40.6 MBIn part one of this two-part episode, Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund, Inc., Barry Friedman, New York University Law professor and director of NYU’s Policing Project, and John Malcolm of the Heritage Foundation begin their exploration of the intersection of race and policing in the United States. They discuss history of race relations in the U.S., and the resulting impact on law enforcement practices; the role of first responders, and if police officers are th...
Consent and Sexual Assault in Criminal vs. Civil Law
March 26, 2019 04:01 - 44 minutes - 40.4 MBFrom start to finish, criminal and tort cases differ in many ways, including how a case is initiated, in which court it is heard and decided, standards of proof, and the consequence if the defendant is found liable (punishment if defendant is convicted of a crime; payment of money damages if defendant is liable for a tort). Some cases [or fact patterns] qualify as both crimes and torts. These differences are especially evident in sexual assault claims where a single legal term, such as “cons...
American Indian Law: When Two Sovereigns Collide
March 19, 2019 04:00 - 1 hour - 55.1 MBIn this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens. We then explore jurisdiction across border lines, particularly in a criminal context. Matthew and Wenona discuss the history of violence against native women, and ...
American Indian Law: When Two Sovereigns Collide
March 19, 2019 04:00 - 1 hour - 55.1 MBIn this episode, renowned experts on American Indian law and policy, Matthew Fletcher and Wenona Singel, discuss the nuanced and highly complex field of American Indian Law. Matthew and Wenona begin by exploring the history of tribal sovereignty, and discuss the rights of American Indians as both tribal citizens and U.S. citizens. We then explore jurisdiction across border lines, particularly in a criminal context. Matthew and Wenona discuss the history of violence against native women, and ...
Protecting Children in Criminal Procedures
March 12, 2019 04:01 - 31 minutes - 29.1 MBListen as the experienced child advocate and juvenile law scholar talk about the current issues and explore state policies and practices that have been implemented to help protect children. History of the treatment of children in the justice system [04:26] Modern trends in how we view children [17:20] Racial disparities [21:18] Recent progress
May It Please the Court: SCOTUS Perspectives from Leading Supreme Court Advocates
March 04, 2019 15:13 - 1 hour - 55 MBHow does one prepare, and what is it like to argue before the U.S. Supreme Court? In this episode, Douglas Laycock, an experienced Supreme Court advocate himself, moderates an insightful conversation between two prominent Supreme Court appellate lawyers. Former Solicitor General Seth Waxman of WilmerHale and former Assistant to the Solicitor General Nicole Saharsky of Mayer Brown share their personal experiences as well as their unique insight into the nation’s highest court.
The Decline of the Death Penalty
February 04, 2019 20:55 - 51 minutes - 47.6 MBThe death penalty in the United States, both new convictions and executions, has declined through recent decades. In this episode, we explore the history of the death penalty and the various factors that are contributing to this decline. Death penalty expert and author of End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, Brandon Garrett, talks about this history and the revealing details of his data collection on the demise of capital punishment. We are also joine...
Protecting Individual Liberties: Recognizing the Value of State and Federal Courts
January 30, 2019 15:13 - 58 minutes - 53.7 MBIn this episode, Judge Goodwin Liu of the California Supreme Court talks to Judge Jeffrey Sutton about the distinct yet parallel importance of the State Court systems and the Federal Court system, including how we came to value so highly the federal system; why we should pay more attention to our state courts and constitutions; and what we as citizens, educators, and advocates should do going forward.
Protecting Individual Liberties: Recognizing the Value of State and Federal Courts
January 30, 2019 15:13 - 58 minutes - 53.7 MBWhen U.S. citizens hear “constitutional law,” we tend to think only of the U.S. Constitution, U.S. Supreme Court, and the federal court system, effectively ignoring the power of state constitutional law. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties.