End of Term for SCOTUS

This term the U.S. Supreme Court has decided several landmark cases. The most important one so far overturned what is known as the doctrine of Chevron deference. The courts now, not regulatory agencies, will have the final word interpreting federal laws. NPR's Nina Totenberg explains here the history of the question and what a revolution this decision is. Totenberg also presents another decision about one of the laws applied to some January 6, 2021 insurrectionists. 7 min., transcript available. 

More about the criminal law case (January 6th) can be found here. 3 min., transcript available.

More about the case overruling the Chevron doctrine can be found here. 4 min. 43 sec. transcript available.

Coming on Monday, the decisions about presidential immunity and social media. 

Does Santa Break the Law?

In the spirit of the holiday season, the Civics 101 Podcast revisits a question they examined last year - is Santa a Criminal?

At the beginning of the podcast, we learn that the podcast discussion will include talk about "trespassing, burglary, stalking, and also criminal versus civil cases, tort law, the commerce clause. And finally, how a legal professional might defend the jolly old elf were he to be on trial." 23 min. 25 sec. transcript available.

Funny, but accurate presentation of the legal questions.

Donald Trump's Most Recent Indictment

NPR's program, Consider This, interviewed legal experts about former president Trump's August 1st federal indictment and his right of free speech. This link is here. 13 min., transcript available.

Former President Trump's Legal Troubles

For those who are confused by the large number of lawsuits involving Donald Trump, NPR has a podcast to help you here. 12 min., transcript available.

Former President Trump's Federal Indictment in Florida

PBS Newshour has this interview with a former federal prosecutor about what the next steps are in the criminal case against Donald Trump concerning the classified documents he kept after leaving the presidency. 6 min. 22 sec., transcript available.

Why Criminal Trials Are Rare in the U.S.

Plea bargains eliminate almost all criminal trials in the U.S. NPR's All Things Considered presents criticism of this practice here. 6 min. 30 sec., transcript available.

 Former President Trump Indicted

PBS Newshour, shortly after the indictment was announced, interviewed two former prosecutors about the case. You can find the video here, 6 min. 23 sec., transcript available.

Abortion in the United States Today

On January 17, NPR's Terry Gross aired an interview with Mary Ziegler, a law professor who has recently published a book, Roe: The History of a National Obsession. Ziegler speaks about the unprecedented uncertainty today in the United States when it comes to abortion since, after the Dobbs decision, the law covering abortion depends on the law in each state. She gives a very detailed description of the state of the law on abortion today. 44 min., almost perfect transcript available.

 U.S. Capitol Riot Cases - Pro Se Defendants 

NPR's Morning Edition has a story here about those defendants charged in relation to the assault on the U.S. Capitol who choose to represent themselves (pro se), acting as their own attorneys, refusing the help of lawyers. 4 min. 53 sec., transcript available.

Citizen's Arrest Laws in Georgia Murder Trial

Ahmaud Arbery was shot in the state of Georgia in 2020 while jogging through a white neighborhood. Three men who thought he might be responsible for burglaries in the area tried to detain him and, in the ensuing struggle, ended up killing him. In their defense against murder charges, the accused are invoking a law allowing "citizen's arrests"-- an ancient concept expanded in Georgia in 1863 to help slave owners catch fleeing slaves. This law has since been repealed, but other Georgia laws will be cited by the defendants in this criminal trial including a "right to carry" law and another described as a "stand your ground" law. Cornell University criminal law expert Joseph Margulies explains here what these laws do in an interview with NPR's Ashish Valentine. 4 min. 40 sec.

Another, shorter piece on NPR, on this trial, from October 20, can be found here. 4 min., transcript available.

Law in Action Is Back

Joshua Rosenberg is back with a new series of programs in the long-running Law in Action. The first week examines knife crime, driverless cars and the Scottish jury verdict of "not proven". Week 2 is about traumatic brain injury and crime. Week 3 covered subjects as diverse as unfair Covid fines, online justice, diversity in the profession, and private prosecutions. Week 4 is scheduled for 22 June. 28 min., no transcript.

U.S. Supreme Court On Life Without Parole For Juveniles

Is a new decision by the U.S. Supreme Court, Jones v. Mississippi, a break with precedent, or just business as usual? Nina Totenberg has the story here. 4 min, 23 sec., transcript available.

 Law in Action    

The BBC's program Law in Action with Joshua Rozenberg is back for a new series of programs. The first in this series examines, among other subjects, the International Criminal Court, followed on Tuesday with a program entitled Waiting for Justice - about the courts during the pandemic. 28 min., no transcript.

In the first program, Rozenberg talks with the creators of the podcast asymmetrical haircuts which describes itself as "your international justice podcast". Its weekly podcasts, begun in July 2019, are usually 15-25  minutes long, with transcripts available for some of the early podcasts. 

The Opioid Epidemic in U.S. Courts

The opioid epidemic in the United States has given rise to much litigation. The manufacturer of the drug OxyContin, Purdue Pharma, declared bankruptcy recently because of lawsuits involving its civil liability. There is now a movement seeking to indict company executives on criminal charges. NPR's All Things Considered has a report here. 5 min. transcript available.

Law School Is Starting Already in the U.S. ...

Many American students are beginning their first year of law school by now. The University of Virginia asked Virginia Solicitor General Toby Heytens, a professor there, to give a short (one hour) overview of the U.S. legal system and a description of how a typical case goes through the legal system. Unfortunately you can't see the slides illustrating the talk, but you can put on the subtitles on YouTube to help you follow along.
A related video presents a description of five first-year law school courses (tort, contract, criminal law, civil procedure and legal writing). 58 min., no transcript, but subtitles available.

The Criminal Law System in the U.S.

NPR's Fresh Air, with Terry Gross, interviewed Emily Bazelon, author of a new book, Charged, which describes the changes in the U.S. criminal law system, especially plea bargaining and mandatory sentences, which have resulted in a serious increase in the prison population. In a way, prosecutors have more power than judges. 36 min, transcript available.

Common Law - the Podcast

The dean of the University of Virginia Law School, Risa Goluboff, and Leslie Kendrick, the vice dean, have created a new podcast they call Common Law.
Episode 1 is The Innocence Update (with John Grisham).
Episode 2 is How Blockchain Could Change Everything.
The latest, episode 3, is Taxing Big Tech and the Future of International Tax.
The list of upcoming episodes can be found here.
The episodes are about 45 minutes long, have helpful show notes (with links to things mentioned during the podcast), and a transcript. If you listen with YouTube, you can also put on the subtitles (not always perfectly accurate, but a big help).

Over My Dead Body

The podcast Over My Dead Body focuses on the murder of law professor Dan Markel. All six episodes of the first season entitled Tally (the murder took place in Tallahassee, Florida) can be found here. The journalist, Mathiew Shaer, was able to use recordings of police interviews and phone taps, as allowed by Florida law. Each episode is about 40 minutes long, no transcript.
The podcast is part of something called Wondery which describes itself as « a network of storytellers, connecting you to a world of entertainment and a world of knowledge ».
There will probably be a season two because the trial of the three people already charged with the murder hasn’t taken place yet.
You can find more "true crime"  podcasts here.

Law in Action Is Coming Back

The first episode of the new series of Law in Action with Joshua Rozenberg will examine the UK Supreme Court. It will be available shortly after it airs on February 26. The programme begins with a discussion of the new crime of coercive and controlling behaviour in an intimate or family relationship.

California Judge is Removed by Voters

One of the curious features of United States state court judges is that in many states they are elected, or appointed and then have to stand for election after a period of time. A judge in California was just removed (or "recalled") because of indignation over a sentence he handed down that was perceived as being too lenient. NPR's Scott Simon interviews a public defender who is worried that this will lead to judges being influenced by what the public will think when sentencing offenders. Mistakes can be made because the public's information might not be accurate. 4 min 25 sec, transcript available.