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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PODCAST: The Hon. Gary Stein on Justice for Sale, his Biography of Martin T. Manton

Few lawyers know who Martin Manton was.  Even fewer, if any, law students learn about Manton while in school.  That may change with the Hon. Gary Stein’s recent biography of Manton, Justice for Sale: Graft, Greed, and a Crooked Federal Judge in 1930s Gotham.  (See Justice for Sale: Graft, Greed, and a Crooked Federal Judge in 1930s Gotham: Stein, Gary: 9781493072569: Amazon.com: Books)

Judge Stein tells the history of Judge Manton’s rapid rise – President Woodrow Wilson appointed Manton, then 36-years old, to the federal district court in 1916, then elevated him to the United States Court of Appeals for the Second Circuit two years later.  As a judge, Manton continued to be involved in a number of businesses, including real estate ventures on which he had given mortgages.  During the Great Depression of the 1930s, Manton desperately needed money and turned to selling his office, repeatedly soliciting payments from lawyers and litigants arguing cases before him.  Judge Stein calculates that Manton received improper payments of about $823,000 – about $17 million today.  Ultimately, in 1939, Manton was publicly exposed.  This led to his resignation, prosecution, conviction, and imprisonment.        
As Judge Stein discusses with Associate Dean Rodger Citron, the story of Manton’s corrupt conduct on the bench is an extraordinary tale.  Manton was friends with President Franklin Delano Roosevelt, served on the Second Circuit with, among others, the Hon. Learned Hand, and nearly was appointed to the United States Supreme Court in the 1920s.  This may seem like ancient history, but Judge Stein’s book reminds us that judges – even federal judges – are human, subject to the same flaws and foibles as the rest of us.  That is a timely lesson that is still instructive today.

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Our guest today is Magistrate Judge Gary Stein.

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PODCAST: A Discussion with Nicole E. Osborne on Data Breaches and her Role as a Cybersecurity Attorney

Cybercrime has become a topic of discussion in the last few years. In this week’s Touro Law Review podcast moderated by Associate Dean Michelle Zakarin, Nicole E. Osborne joins us. Nicole is an Associate at the Law Firm of Ruskin Moscou Faltischek, P.C. and is a member of the firm’s Cybersecurity and Data Privacy Practice Group. Nicole gives advice to students who are interested in this practice area. She noted that there are a lot of traditional practice areas that lend themselves perfectly to a career in cybersecurity, such as health care law. 

The law of cybersecurity, Nicole states, is unpredictable; everyday is different as it is an interdisciplinary area of law. She then dives into the specifics of data breaches– something Nicole deals with frequently and is very passionate about. She follows by discussing the importance of addressing these issues quickly and the different laws and regulations of each state, as well as federal legislation that might come into play. As the conversation continues, Nicole discuses, threat actors, ransomware, and “double extortion.” Nicole also discusses the documents typically stolen by threat actors and ways to avoid breaches. Notably, she provides generally applicable tips and recommendations for all businesses because threat actors target small businesses just as much as large companies. 


As a parting note, Nicole reminds us that this area is evolving rapidly and that it is very important to stay on top of these laws, even if it seems difficult. 

 

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Our guest today is Nicole E. Osborne, Esq.

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