PODCAST: The Supreme Court and the “Independent State Legislature Theory”: A Discussion with Nicholas Maggio

Summary: In Moore v. Harper, decided last year, the Supreme Court addressed the “independent state legislature theory.”  In a case arising out of an election in North Carolina, proponents of the theory contended that North Carolina’s Supreme Court did not have the authority to review a legal claim that the state legislature had adopted an illegally gerrymandered congressional map.  The Supreme Court rejected the theory by a 6-3 vote in Moore.  In this Touro Law Review podcast, Nicholas Maggio, an attorney who has written about the independent state legislature theory, discusses the case – in particular, its relevance during an election year and its significance for understanding the current Supreme Court – with Associate Dean Rodger Citron. 

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PODCAST: A Discussion with Robert Tsai on “Demand the Impossible: One Lawyer’s Pursuit of Equal Justice for All.”

Stephen Bright’s relentless pursuit of equal justice is at the center of Professor Robert Tsai’s most recent book.  For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system.  Among other things, Bright argued four death penalty cases at the Supreme Court and won each of them. 

As Tsai discusses with Associate Dean Rodger Citron, the story of these four cases illustrates inequalities in the legal system and legal strategies for combatting them.  The discussion illuminates how race, economics, and politics influence the operation of the criminal justice system when the stakes are at their highest – that is, when the defendant’s life literally depends upon the outcome.    

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PODCAST: A Discussion with Daniel Kiel on “The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas.”

Professor Kennedy conducted an insightful interview with Professor Daniel Kiel, a distinguished law professor at the University of Memphis and author of the book “The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas.” This literary work seamlessly blends historical narratives, legal analysis, and literary elements, comprehensively exploring the Supreme Court justices’ perspectives on educational inequalities and racial disparities—issues Professor Kiel has dedicated his career to addressing. Notably, Professor Kiel directed the acclaimed documentary “The Memphis 13,” shedding light on students’ groundbreaking efforts during the segregation era in Memphis. For further exploration, you can access the book and the documentary through the links below.


The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas: https://eastapt.wixsite.com/daniel-kiel

The Memphis 13: http://www.thememphis13.com/

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Learn more about Daniel Kiel and Deseriee Kennedy.

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PODCAST: David Lat and Zachary Shemtob on Judicial Ethics in a Populist Age.

In 2023, Supreme Court justices made news not only for the cases decided but also for their personal conduct.  As David Lat and Zach Shemtob noted in an article for The Atlantic, the news stories often involved “financial entanglements between justices and wealthy benefactors.”  As Lat and Shemtob discuss with Associate Dean Rodger Citron, the intensity of the public response to the justices’ behavior is more noteworthy than the underlying conduct. They attribute the strong reaction to our current political era, which is not only hyper-partisan but anti-elitist as well.  Lat and Shemtob discuss their article, the Supreme Court’s adoption of an ethics code in late 2023, and how concerns over the justices’ ethics relate to the current Supreme Court term in this Touro Law Review podcast. 

Their article, “Judicial Ethics in a Populist Age,” is available here: https://www.theatlantic.com/ideas/archive/2023/09/supreme-court-ethics-oversight-criticism/675460/?gift=8dwuRlq-u4MN-Q9V3JPTqNxbhGZl2d9ZPLKd_9XQKHo&utm_source=copy-link&utm_medium=social&utm_campaign=share

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Learn more about David Lat and Zachary Baron Shemtob

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PODCAST: David Guterson Discusses His Novel, The Final Case.

This podcast features a discussion of law and literature with author David Guterson, author of The Final Case and the PEN/Faulkner Award-winning novel Snow Falling on Cedars.  Guterson discusses with Associate Dean Rodger Citron the inspirations for The Final Case – including the death of an adopted girl in a rural county in Washington State and the life of his father, an accomplished criminal defense attorney – and what he learned while immersing himself in criminal law and procedure to write the novel.  

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PODCAST: Ray Brescia on Lawyer Nation, The Past, Present, and Future of the American Legal System.

Please join us for this week’s episode featuring Lawyer and author Ray Brescia where he discusses his book “Lawyer Nation”. Professor Zablotsky hosts and the two discuss institutions, methodologies, history, and an analysis of dynamics in the legal system. In his book, Brescia identifies six forces that represent the most significant challenges facing the legal profession today. Lawyer Nation provides a significant analysis and critique of the legal system but offers concrete ideas on how to fix it.

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PODCAST: NextGen Bar: A Shift for the Good?

Please join us for a in depth conversation hosted Associate Dean Michelle Zakarin with Assistant Dean Regina Burch regarding the switch from the Universal Bar Examination (UBE) to the NextGen bar examination (NextGen), rolling out in phases starting July 2026. Dean Burch discussed what is now tested, the new format, and gave tips on how students and schools can smoothly adjust to NextGen.

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