PODCAST: A Discussion with Associate Professor and Associate Dean Tiffany C. Graham regarding her role on the New York State Advisory Committee to the U.S. Commission on Civil Rights.

This Podcast featured Associate Professor and Associate Dean Tiffany C. Graham regarding her role on the New York State Advisory Committee (“Committee”) to the U.S. Commission on Civil Rights (“Commission”). Professor Zablotsky moderated this podcast, where he asked Professor Graham questions about her role and work on the Committee, which led to a discussion of the racial disparities that Black families face in the child welfare system. Professor Graham started her discussion of her journey to academia, which occurred when she realized quickly private practice was not her passion but rather, she wished to join a student environment. Professor Graham taught in California, Pennsylvania, South Dakota and now is teaching in New York. When in South Dakota, she was a faculty member and the Associate Dean of Academic Affairs at the University of South Dakota School of Law.  Throughout her time in that state, she had the ability to work on various civil rights issues, in particular those related to matters impacting the LGBTQIA+ community.  While there, she also served as the chair of the South Dakota Advisory Committee to the U.S. Commission on Civil Rights, where she was leading a project focused on maternal mortality rates for Native American women before resigning to take her current  position at Touro Law Center, which was followed by a recommendation to take a spot on the New York advisory committee. 

When she first joined the New York Committee, it decided to study racial disparities in eviction. Most recently, the Committee has been focusing on racial disparities in the foster care system.  Professor Graham noted the importance of looking at the problems in the child welfare system that exist in New York City – where they are acute – as well as throughout the state to fully understand the situation. She was clear and concise about one of the biggest obstacles that Black families face — they are often subjected to over-surveillance under harsh circumstances that derive from implicit and explicit biases. She then laid out the empirical information that the Committee learned from the witnesses who testified before them. Finally, Professor Graham spoke about the major pushback on the discrimination issues and that these problems were not created overnight. Rather, they were created throughout the centuries. She urged that, even though we have made great strides in eliminating discriminatory practices, society must continue to work on eliminating the structural inequalities that impact our institutions to ensure that they do not reproduce the harms of inequality that have existed in our communities. Professor Graham ended the podcast by asking listeners to pay attention and try to become aware of what is happening under the surface that we may not necessarily see but nonetheless exist. 

Professor Graham expects the Committee’s Report to be released at some point next year.

Brought to you by the Touro Law Review.   

Our guest today is Associate Professor and Associate Dean Tiffany C. Graham.

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PODCAST: Litigating Slavery’s Reach: A Story of Race, Rights, and the Law During the California Gold Rush


Dred Scott v. Sandford
 looms over American legal and political history as perhaps the most infamous Supreme Court case of all time. In Dred Scott, the Court struck down the Missouri Compromise, holding that enslaved persons were property under the Due Process Clause and that slaveholders had the absolute right to bring them into any federal territory in the nation.

Did you know that a case raising similar issues as Dred Scott was litigated in California five years before the Supreme Court decided that case? Professor Jason Gillmer provides a thoughtful and detailed account of the California case, In re Perkins, in his forthcoming article, “Litigating Slavery’s Reach: A Story of Race, Rights, and the Law During the California Gold Rush.”  https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=353902. At issue was the California Fugitive Slave Act of 1852, which declared that enslaved persons brought to California while it was a federal territory remained enslaved even after California entered the Union as a free state. Shortly after the statute was enacted, a case arose testing the law’s constitutionality, pitting the freedom of three enslaved men against the alleged Due Process rights of their enslaver. In this Touro Law Review podcast with Associate Dean Rodger Citron, Professor Gillmer explores the story that gave rise to the case, how he researched it, its relation to Dred Scott, and why the story is important to today.

Find Professor Gillmer’s book at https://ugapress.org/book/9780820351636/slavery-and-freedom-in-texas/.    

Brought to you by the Touro Law Review.   

Our guest today is Professor Jason Gillmer.

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PODCAST: New York University President Emeritus John Sexton

At the start of his legal career, NYU President Emeritus John Sexton achieved an extraordinary clerkship trifecta.  Initially, in 1979, he clerked for Judge Harold Leventhal on the U.S. Court of Appeals for the D.C. Circuit.  Tragically, Judge Leventhal died several months after Sexton began working for him.  He then clerked for Judge David Bazelon, also on the D.C. Circuit.  As Sexton explains, both judges were towering figures on the court of appeals.  Sexton then clerked for Chief Justice Warren Burger, something no other Bazelon clerk ever did.  (Sexton wrote about his clerkship with the Chief Justice for the Journal of Supreme Court History in 2018; see “Chief Justice Warren E. Burger, the Court, and the Nation, 43 J. Sup. Ct. Hist. 173 (2018).)  

In his discussion with Associate Dean Rodger Citron, Sexton talks about each judge and some of the interesting cases and issues that came up while he was clerking.  He concludes with thoughts on what has changed – and what has endured – in the judiciary since he was a law clerk more than forty years ago.  

      

Brought to you by the Touro Law Review.   

Our guest today is President Emeritus of NYU, Dr. John Sexton.

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PODCAST: Part Two – A Discussion of No-Knock Search Warrants With The Hon. Mark D. Cohen

In the second part of this podcast, the Hon. Mark D. Cohen discusses Ferreira v. City of Binghamton, a recent New York Court of Appeals decision involving civil liability for negligence in connection with the execution of a no-knock search warrant.  As Judge Cohen explains, although Ferreira is a civil case, it nevertheless may be the most important criminal case decided by the Court of Appeals this year.  The case arose out of an incident in which an unarmed occupant of a home was shot in the stomach during the execution of a no-knock search warrant. The individual filed a negligence suit against the officer, the police department, and the city. In a 5-2 decision, the Court of Appeals held that municipalities have a special duty to protect innocent bystanders when executing such a warrant.

Brought to you by the Touro Law Review

Our guest today is Hon. Mark D. Cohen.

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PODCAST: Justice Frank Murphy: The Man Unafraid to Tell the Truth With Greg Zipes

When we think of President Franklin D. Roosevelt’s appointments to the Supreme Court, the legends – Justices Hugo Black, Felix Frankfurter, William O. Douglas, and Robert H. Jackson – come to mind.  Yet FDR appointed other justices, including Frank Murphy, who is remembered today for dissenting in the infamous Korematsu case but not much else. 

Greg Zipes, an attorney and an adjunct professor at New York University’s School of Professional Studies, believes that Murphy demands more of our attention today.  He is the author of an engaging biography of Justice Murphy. In this podcast, Zipes discusses his book, Justice and Faith: The Frank Murphy Story, with Associate Dean Rodger Citron. Greg Zipes is speaking on his own behalf and not on behalf of his employer, the Department of Justice.

As their discussion shows, Murphy is as fascinating as any of the legendary justices with whom he served.  He held many interesting positions before joining the Court, was a loyal New Dealer, and, as Zipes states, was “unafraid to speak truth to power.”  Zipes elaborates on these points and addresses others relating to law, history, and biography in this podcast.  

Our guest today is author, Greg Zipes.

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PODCAST: Why Law Students Should Not Be Scared of Secured Transactions

Professor Theodore Silver discusses the core themes of Secured Transactions and the importance of the course to law students. This podcast provides perspective on the challeges of Secured Transactions course.

Brought to you by the Touro Law Review

Our guest today is Professor Theodore Silver.

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PODCAST: Law Teaching Strategies for a New Era

Professor Tessa L. Dysart and Professor Tracy Norton discuss the first comprehensive book on online law teaching titled Law Teaching Strategies for a New Era: Beyond the Physical Classroom. This podcast offers insight into how to take law school beyond the traditional, in-person experience.

Brought to you by the Touro Law Review

Our guests today are Professor Tessa L. Dysart and Professor Tracy Norton.

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