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Recent Episodes:
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.
Today, our guest is Nicholas Maggio
Nicholas Maggio is an attorney licensed to practice law in New York State and the United States District Court in the Eastern District of New York. He has served as a prosecutor in the Suffolk County District Attorney’s Office and will be a law clerk for the Hon. Victoria Reznik in 2024-25. Before graduating from Touro Law Center in 2020, he interned with the Southern Poverty Law Center in Jackson, Mississippi, and the New York Civil Liberties Union and was the Editor-in-Chief of the Touro Law Review.
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.
Today our guest is Robert Tsai
Robert Tsai is a professor of law at Boston University School of Law, where he teaches courses in constitutional law, presidential leadership, and individual rights. Professor Tsai is the author of four books, including Demand the Impossible (available at Demand the Impossible: One Lawyer’s Pursuit of Equal Justice for All: Tsai, Robert L.: 9780393867831: Amazon.com: Books.) Professor Tsai has been named a ’24-’25 Laurance S. Rockefeller Visiting Faculty Fellow at the University Center for Human Values at Princeston University, where he will spend the year working on a new book project entitled, “Reasoning from Injustice.”
Today our guest Daniel Kiel.
Professor Daniel Kiel is a professor of law at the University of Memphis, where he teaches Property, Constitutional Law, and Education & Civil Rights, and has earned the University’s Distinguished Teaching Award in 2017. His scholarly focus delves into the inequities within the education system, particularly racial disparities, and constitutional considerations of citizenship and justice. Renowned for his work on school desegregation, he directed the award-winning documentary, “The Memphis 13,” spotlighting the pioneering students in Memphis. Author of “The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas” (2023) and contributor to various journals and media outlets, including the Washington Post and USA Today, Prof. Kiel received a Fulbright Fellowship in 2015 for research on educational disparities in South Africa. His impactful contributions extend beyond academia, with active involvement in school district mergers and leadership roles in organizations like Facing History and Ourselves and Just City, showcasing his commitment to justice, education, and societal change.
Professor Kennedy conducted an insightful interview with Professor Daniel Kiel, a distinguished law professor at the University of Memphis and author of the novel “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 that 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/
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.
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 on 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
Today our guest are David Lat and Zachary Baron Shemtob
David Lat is a lawyer turned writer. He publishes Original Jurisdiction, a newsletter on Substack about law and legal affairs, and he writes a column for Bloomberg Law. His work has also appeared in The New York Times, The Washington Post, and the Wall Street Journal. Prior to launching Original Jurisdiction, David founded Above the Law, one of the nation’s most widely read legal news websites, and Underneath Their Robes, a popular blog about federal judges that he wrote under a pseudonym. He is also the author of a novel set in the world of the federal courts, Supreme Ambitions.
Zachary Baron Shemtob is a practicing lawyer at a firm in New York. Before going to law school, he obtained a Ph.D. in criminology and was an assistant professor. He has written for both scholarly publications and the popular press about the Supreme Court, the federal judiciary, and legal theory and process.
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.
Today our guest is David Guterson.
David Guterson is the author of several novels, two story collections, two books of poetry, a memoir, and a work of nonfiction. He lives in Washington State. The Final Case is available for purchase at Amazon.com: The Final Case: A novel: 9780525521327: Guterson, David: Books.
Ray Brescia on Lawyer Nation, The Past, Present, and Future of the American Legal System
Lawyer and author Ray Brescia discusses his book Lawyer Nation. Professor Zablotsky hosts and the two discuss institutions, methodologies, history, and an analysis of dynamics in the legal system.
Ray Brescia is passionate about making the legal system expand to become more accessible to aspiring lawyers and to those who need legal assistance. In 1875 the legal system was comprised almost exclusively of white, Christian men of Northern-European descent, the demographics of the profession have changed but Brescia says we have a fair way to go in terms of leadership ranks. Despite some demographic shifts within the profession, the legal system has been largely unchanged in the past 100 years, however, the COVID crisis is a perfect example of how the legal system could change drastically if it wanted to.
Another area that needs to be changed is the professional rules concerning lawyers interfering with democracy. Brescia discusses the January 6th analytical framework of the book. He asserts that the lawyers who made legal arguments knew their claims had no merit but were simply “throwing sand in the gears” to get the results of the election tossed out to and throw the election to the House of Representatives, where, given the quirks of the 12th Amendment, the minority in the House at the time could have, nevertheless, voted to re-elect President Trump in 2020. To prevent this from happening again he suggests that the punishment for trying to prevent the peaceful transfer of power should be significant in comparison to other forms of frivolous conduct.
In his book Lawyer Nation Brescia identifies six forces that represent the most significant challenges in facing the legal profession today. Lawyer Nation gives a significant analysis and critique of the legal system but offers concrete ideas on how to fix it.
https://nyupress.org/9781479823680/lawyer-nation
Lawyer Nation is also available in the Touro Law Center Library.
Brought to you by the Touro Law Review.
Today our guest is Ray Brescia
Ray Brescia grew up right next to Touro Law Center’s first building. He started at Fordham and developed a concern for Social Justice issues, in particular the homelessness crisis. He received his Juris Doctorate from Yale Law School. Through a Skadden Fellowship Award, he worked at the Legal Aid Society of New York. He currently is a Professor at Albany Law School.
The NextGen Bar: A Shift for the Good?
Associate Dean Michelle Zakarin and Assistant Dean Regina Burch discuss the transformative NextGen bar examination (NextGen) in their podcast. Dean Burch outlines the key differences between NextGen and the current Uniform Bar Exam. She emphasizes NextGen’s focus on practical skills and essential legal knowledge for newly licensed lawyers. More than just memorization, Dean Burch notes, will be required to pass the exam. NextGen assesses skills such as legal research, writing, drafting, issue spotting, dispute resolution, and managing client relationships in the context of legal principles taught in doctrinal law courses.
The discussion also covers NextGen’s structure, format, and the advantages it offers law students. The deans express their concerns about the challenges of transitioning to NextGen, especially the limited number of practice questions from the National Conference of Bar Examiners and the absence of complete practice exams available to the public. Dean Burch recommends that students focus on case briefing, studying the law, and outlining as key preparation strategies. She notes that bar prep begins on day one of law school, often without students even realizing it, through a rigorous legal education aligned with the realities of legal practice. Further, she highlights the Touro Law Center’s Academic Excellence and Bar Success Department as an essential support for students and encourages its use not only for overcoming academic hurdles but also for staying on track for success in law school and on the bar exam.
Brought to you by the Touro Law Review.
Our guest today is Assistant Dean Regina Burch
Dean Burch is the Interim Assistant Dean for Academic Excellence and Bar Success and Visiting Professor of Law. The Touro Law Center (TLC) Academic Excellence & Bar Success Department serves Touro Law students from day one of law school through bar passage. The Academic Excellence & Bar Success Department provides law school and bar exam success courses, mentoring and coaching, and resources for law school success and bar exam preparation.
Dean Burch has private law firm experience, having practiced corporate, securities, and intellectual property transactional law at firms in Boston, Massachusetts, and Palo Alto, California, as well as in-house counsel experience at a privately held corporation in Washington, D.C. She also served a three-year term as Associate Director at the Association of American Law Schools.
Dean Burch earned her bachelor’s degree at Harvard College, where she concentrated in Psychology and Social Relations, and a Master of Science in Administration (MBA) from the Massachusetts Institute of Technology Sloan School of Management, where she focused her coursework in and wrote her master’s Thesis on corporate strategy, information technology, and marketing. She obtained her Juris Doctor from the University of California Hastings College of Law.
Episode 20: PODCAST: Why Law Students Should Not Be Scared of Secured Transactions
Episode 19: PODCAST: Law Teaching Strategies for a New Era
Episode 18: PODCAST: The Legality of Vaccine Mandates
Episode 17: PODCAST: Selling Sex: (More) Evidence for Decriminalization
Episode 16: PODCAST: A Discussion of A Civil Action
Episode 15: PODCAST: A Conversation About Gun Regulation with Edward J. Curtis, Jr.
Episode 14: PODCAST: A Conversation About Opioid Litigation with Professor Adam Zimmerman
Episode 13: PODCAST: A Wish List for the Secretary of the United States Department of Veterans Affairs
Episode 12: PODCAST: New York and the Uniform Bar Exam
Episode 11: PODCAST: The Supreme Court’s “Shadow Docket”
Episode 10: PODCAST: A Conversation with Professor Silver About Pro Bono Challenges and Modeling Vulnerability
Episode 9: PODCAST: A Conversation About Opioid Litigation with Professor Scott Burris
Episode 8: PODCAST: Housing Discrimination in Long Island
Episode 7: Land Use Expert Patricia Salkin on the NYS Marihuana Regulation & Taxation Act of 2021
Episode 6: Richard C. Cahn on the Loss of Judiciary Prestige
Episode 5: Conversation with Touro Law Alumn Lawrence Steckman on How to Publish, Interview Tips, and a Career in Corporate Law.
Episode 4: Professors Rena Seplowitz and Robin Daleo discuss Trusts, Wills, and Estate Planning during COVID
Episode 3: Cyber Searches, Plain View, and Officer Inadvertence – with Michelle Zakarin
Episode 2: Cancel Culture and the First Amendment with Alan Dershowitz
Episode 1: Personal Jurisdiction under the Roberts Supreme Court
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