Podcast

PODCAST: The Petitioner’s Path to Victory in the Supreme Court in Mallory v. Norfolk Southern Railway Co.   

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As the Supreme Court’s 2022-23 term neared its conclusion, the Court issued an important personal jurisdiction decision in Mallory v. Norfolk Southern Railway Co.  By a five to four vote, the Court rejected a Due Process Clause challenge to Pennsylvania’s corporate registration statute.  In Mallory, this meant upholding a Pennsylvania court’s exercise of personal jurisdiction over a Virginia corporation that did business in Pennsylvania when the corporation was sued by a Virginia citizen for injuries that, he alleged, were caused by the corporation’s conduct outside of Pennsylvania.    

Ashley Keller represented Robert Mallory, the plaintiff in the lawsuit, in the Supreme Court.  In this podcast, Keller discusses with Associate Dean Rodger Citron how he came to take the case, his strategy for getting the Supreme Court to grant certiorari and presenting original public meaning (or originalist) arguments in defense of the Pennsylvania statute, and why he was surprised that Justice Gorsuch ended up drafting the Court’s plurality opinion.  As Keller explains, Mallory is an important case for a number of reasons, including the fact that it shows that plaintiffs may array original public meaning arguments to support their view of the law.      

Brought to you by the Touro Law Review.   

Our guest today is Ashley Keller, Esq.

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PODCAST: A Conversation about the Hon. Irving R. Kaufman with His Biographer

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Lawyer and author Martin J. Siegel discusses his biography of the Hon. Irving R. Kaufman on this week’s Touro Law Review podcast.  Kaufman is most well-known today for having presided over the Cold War espionage case of United States v. Rosenberg, in which Julius and Ethel Rosenberg, a married couple, were charged with conspiring to share atomic secrets with the Soviet Union, found guilty by the jury, and sentenced to death by Judge Kaufman in 1951.  Two years later, after numerous appeals, the United States executed the Rosenbergs.   

Siegel’s biography shows that there was more to Kaufman’s life than the infamous Rosenberg trial. Kaufman, the son of Jewish immigrants, was able and ambitious.  His appointment to the federal bench in 1949, at the age of 39, was an extraordinary accomplishment. No less interesting is that after President Kennedy appointed him to the United States Court of Appeals for the Second Circuit in 1961, Kaufman became one of the more liberal judges on that court.  Nonetheless, even today, the Rosenberg case casts a long shadow over Kaufman’s judicial legacy.       

As Siegel discusses with Associate Dean Rodger Citron, the author benefited from the cooperation of Kaufman’s family while writing the book, enabling him to shed light on the judge’s personal life.  The podcast concludes with Siegel sharing his thoughts on the relevance of biography in understanding how judges decide cases and, accordingly, how the law develops through judicial decision-making.

   

Brought to you by the Touro Law Review.   

Our guest today is Professor Martin J. Siegel.

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PODCAST: A Discussion on the New York Court of Appeals with the Honorable Sol Wachtler

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This week on the Touro Law Review Podcast, we are joined by the Honorable Sol Wachtler, former Chief of the New York State Court of Appeals. This podcast is moderated by Professor Lauren Wachtler. Judge Wachtler has had an exceptional career. Serving for many years in government, and as a justice of the New York State Supreme Court, and  later elected to the New York Court of Appeals where he served first as an associate judge and then as its Chief over the course of 14 years.

The discussion begins with a conversation about the complicated and confusing nature of the New York court system after which Judge Wachtler dives into the jurisdiction of the New York Court of Appeals, its present mandate that it may only review issues of law on appeal.  Judge Wachtler discusses many present and past cases of interest which have become before the NY State Court of Appeals, including “The Subway Vigilante” case of Bernard Goetz. 

   

Brought to you by the Touro Law Review.   

Our guest today is the Honorable Sol Wachtler.

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PODCAST: Representing Unpopular Defendants with Anthony LaPinta

TLR BLOG

This week on the Touro Law Review Podcast, we are joined by guest speaker Anthony LaPinta. This podcast is moderated by Professor Lynne Kramer. The topic of discussion surrounds the Valva case where Michael Valva and his fiancé, Angela Pollina were found guilty of the murder of Michael Valva’s eight-year-old son, Thomas Valva. Anthony LaPinta discusses in this podcast the important facts of this case. Mr. LaPinta explains how he voluntarily agreed, alongside two other top defense attorneys in the country, to represent Mr. Valva– an indigent defendant –as assigned counsel.

Mr. LaPinta and Professor Kramer discuss the seemingly difficult task of representing such an unpopular defendant where the facts of the case are as troubling and emotional as the facts are in this case. However, Mr. LaPinta’s strong beliefs in the criminal justice system and the foundational notion that everyone is entitled to an attorney allows him to zealously represent such unpopular defendants. Throughout this conversation, Anthony LaPinta and Professor Kramer discuss picking a jury, dealing with client honesty or dishonesty, and making good faith arguments in a defense.

Brought to you by the Touro Law Review.   

Our guest today is Anthony LaPinta.

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PODCAST: Art, Commerce & Trademark Law: A Discussion with the General Counsel of MSCHF about Jack Daniel’s Properties, Inc. v. VIP Products LLC  

TLR BLOG


This week on the Touro Law Review podcast we are joined by John Belcaster, the General Counsel of MSCHF, a Brooklyn-based art collective. MSCHF (pronounced “mischief”) produces artworks that critique and comment on American culture. The podcast discussion with Belcaster focuses on Jack Daniels Properties, Inc. v. VIP Products LLC, a trademark case currently pending before the Supreme Court.  As he explains, MSCHF filed an amicus brief (available here: MSCHF SUPREME COURT AMICUS BRIEF.indd.) in the Supreme Court that, among other things, asked the Justices and their law clerks to draw pictures – and thereby create art. The purpose of the brief, according to Belcaster, is to illuminate the issues raised by Jack Daniels Properties and to persuade the Court to take a broad view of what constitutes protected artistic expression.   

Brought to you by the Touro Law Review.   

Our guest today is John Belcaster.

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PODCAST: What Is It Like To Argue A Case Before The United States Supreme Court?

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This week on the Touro Law Review podcast we are joined by Lisa Gochman to talk about her experience arguing the landmark criminal sentencing case, Charles C. Apprendi Jr. v. New Jersey, before the highest court in this country — the United States Supreme Court.  This week’s Touro Law Review Podcast episode is centered around Lisa’s compelling memoir, At the Altar of the Appellate Gods: Arguing before the US Supreme Court, which captures the terror, wonder, and joy of appearing before the nine justices in Washington, D.C.. Lisa defended the constitutionality of New Jersey’s Hate Crime Statute, which authorized the sentencing judge, rather than the jury, to consider the criminal defendant’s racial animosity toward his victims as a sentencing enhancer. This discussion follows Lisa’s fascinating experience as the case moved through the New Jersey State court system and up to the United States Supreme Court where Lisa faced a very hot bench.

Brought to you by the Touro Law Review.   

Our guest today is Lisa Gochman.

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PODCAST: Professor Michael Lewyn on Zoning and The Bar Exam

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Professor Michael Lewyn joins us on this week’s Touro Law Review podcast to discuss his forthcoming article, Zoning and The Bar Exam.  Over the course of the discussion with Associate Dean Rodger Citron, Professor Lewyn talks about proposed changes to the bar exam and comments on the Real Property topics tested on the exam.  As indicated by the title of his article, Professor Lewyn believes that zoning should be one of those topics.  Among other things, Professor Lewyn notes that zoning disputes often result in litigation – something that can’t be said of all the Real Property topics tested on the bar exam.    

Professor Lewyn’s article Zoning and The Bar Exam is available here: https://works.bepress.com/lewyn/243/. 

 

Brought to you by the Touro Law Review.   

Our guest today is Professor Michael Lewyn.

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