Category: 3-LawSometimeCommentary

OA1103 - Is human intelligence necessarily more rational and just than artificial intelligence? How involved should AI be in our law and government? Professor Aziz Huq of the University of Chicago School of Law joins for a fascinating conversation about everything from the “right to a human decision” to the dystopian terrors of Tinder.

• “A Right to a Human Decision,” Aziz Huq, Virginia Law Review (2020)

• “The Geopolitics of Digital Regulation,” Aziz Huq (2024)

• “Chinese scientists develop AI ‘prosecutor' that can press its own charges,” Steven Chen, South China  Morning Post (2021)

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OA1103 - Is human intelligence necessarily more rational and just than artificial intelligence? How involved should AI be in our law and government? Professor Aziz Huq of the University of Chicago School of Law joins for a fascinating conversation about everything from the “right to a human decision” to the dystopian terrors of Tinder.

• “A Right to a Human Decision,” Aziz Huq, Virginia Law Review (2020)

• “The Geopolitics of Digital Regulation,” Aziz Huq (2024)

• “Chinese scientists develop AI ‘prosecutor' that can press its own charges,” Steven Chen, South China  Morning Post (2021)

Check out the OA Linktree for all the places to go and things to do!

If you’d like to support the show (and lose the ads!), please pledge at patreon.com/law!

It wasn’t a great week for speaking truth to power. ABC’s decision to settle Donald Trump’s defamation lawsuit to the tune of $16 million at the behest of parent company Disney sent shockwaves through newsrooms around the country. Coupled with Trump’s lawsuits pending against publishers, journalism prize organizations, CBS, and this week’s news that the President-elect is suing an Iowa pollster and the newspaper that published her poll for “election interference”, rising fears about the freedom of the press are pretty understandable. On this week’s Amicus, Dahlia Lithwick is joined by storied media columnist Margaret Sullivan and First Amendment scholar Sonja R West to understand the protections in place and the pinch points for a free press under Trump. 

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OA1102 - Why is the state of New York charging Luigi Mangione as a terrorist? And why have federal charges been filed in this case at all? We consider before moving on to try to locate any actual legal basis in the Georgia Court of Appeals decision removing Fulton County DA Fani Willis from the prosecution of Donald Trump and his alleged conspirators in Georgia. Finally, we dig into 11th Circuit judge Kevin Newsom’s surprisingly defensible argument that judges and lawyers should occasionally consult with ChatGPT, and Matt drops a footnote involving judges being weird about food.

• New York indictment of Luigi Mangione (12/18/24)

• Federal indictment of Luigi Mangione (12/19/24)

• People v. Ferhani, 966 N.Y.S.2d 348 (2012)

• Georgia Court of Appeals decision removing Fani Willis from Trump’s GA case (12/19/24)

• Snell v. Specialty Insurance Corp, 11th Cir. (5/28/2024)(Newsom, J., concurring)

• U.S. v. Deleon, 11 Cir. (9/5/2024)(Newsom, J., concurring)

• Judge Proctor’s order in McCuller v. Koch (11/26/24)

• Ohio Supreme Court’s decision in Berkheimer v. REKM (7/25/24)

• Ohio Supreme Court’s decision denying reconsideration in Berkheimer v. REM (12/9/24)

 

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OA1102 - Why is the state of New York charging Luigi Mangione as a terrorist? And why have federal charges been filed in this case at all? We consider before moving on to try to locate any actual legal basis in the Georgia Court of Appeals decision removing Fulton County DA Fani Willis from the prosecution of Donald Trump and his alleged conspirators in Georgia. Finally, we dig into 11th Circuit judge Kevin Newsom’s surprisingly defensible argument that judges and lawyers should occasionally consult with ChatGPT, and Matt drops a footnote involving judges being weird about food.

• New York indictment of Luigi Mangione (12/18/24)

• Federal indictment of Luigi Mangione (12/19/24)

• People v. Ferhani, 966 N.Y.S.2d 348 (2012)

• Georgia Court of Appeals decision removing Fani Willis from Trump’s GA case (12/19/24)

• Snell v. Specialty Insurance Corp, 11th Cir. (5/28/2024)(Newsom, J., concurring)

• U.S. v. Deleon, 11 Cir. (9/5/2024)(Newsom, J., concurring)

• Judge Proctor’s order in McCuller v. Koch (11/26/24)

• Ohio Supreme Court’s decision in Berkheimer v. REKM (7/25/24)

• Ohio Supreme Court’s decision denying reconsideration in Berkheimer v. REM (12/9/24)

 

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OA1101 - You know... that super woke institution... the US Military... well, NO LONGER! Trump's man for the job is a real piece of work. And if you don't believe us, take it from his own mom. As usual, Lydia gives us the doozy breakdown, and also how Hegseth fits right into the Project 2025 design.

Then, it's T3BE 52! 

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In the wake of President Biden’s pardon of his son, and with the shadow of President-elect Trump’s possible pardons of the insurrectionists who stormed the Capitol and attempted to prevent Congress from certifying Biden’s election, are there constitutional issues?  The Constitution itself seems direct on the subject, but it turns out there is a lot to discuss.  Scope, timing, subject, language, all are questionable.  Would either or both of these be impeachable acts?  What would happen to the pardon in that case?  Are there immunity issues?  Where does the pardon power come from, and how has it been used in the past?  What is the originalism of pardon law?  Lots to talk about, however you feel about the acts themselves politically.  And - some big coming attractions!  CLE credit is available from podcast.njsba.com.

After an unpredictably long hiatus, we're back to break down what we missed. We debate the off-the-rails FedSoc panel Dan was on, work through some shadow docket happenings and the Court's two recent DIGs, ponder the implications of the election on the Court, and briefly discuss the first merits opinion of the Term, Bouarfa v. Mayorkas.

Leah, Melissa, and Kate cover some breaking news before recapping last week’s SCOTUS arguments. They also touch on some lower-court opinions and court culture including the Fifth Circuit going buck wild (yet again), KBJ’s Broadway debut, Mitch McConnell’s never-ending hypocrisy, and TikTok’s fate in America.

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• 6/12 – NYC
• 10/4 – Chicago

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OA1100 - Donald Trump’s promises of “mass deportation” have been dominating the headlines, but what do we actually know about what the coming administration is planning--and who should actually be concerned? Matt explains how immigration enforcement actually works in practice under the current system, including its current practical and logistical limitations. We then break down the ways that Trump has told us that he intends to subvert or get around the existing system and the law (or lack thereof) behind these unprecedented proposals before ending with some ideas for how you can help to prepare to stand up to mass enforcement actions in your community.

Watch our new video on how Joe Biden can go out a legend!!!

• “Trump’s Possibly Illegal Border Posse,” Matt Cameron, The New Republic (5/2/2019)

• “The 287(g) Program: An Overview,” American Immigration Council (July 2021) 

• “License to Abuse: How the 287(g) Program Empowers Racist Sherriffs,” ACLU (2022)

• “National Map of 287(g) Agreements,” Immigration Legal Resource Center

• “Sweeping Raids, Giant Camps, and Mass Deportations: Inside Trump’s 2025 Immigration Plans,” New York Times (11/11/2023) 

• Make the Road v. Wolf, 962 F. 3d 612, D.C. Cir. (2020)

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