What started out as a viral moment has grown into a movement that has resulted in both praise and controversy. But what are the legal considerations of the #MeToo movement? In this episode of Planet Lex, host Daniel Rodriguez talks to Laura Beth Nielsen and Deb Tuerkheimer about how the #MeToo movement differs from similar assault accusations in the past, the role President Trump may have played in the movement’s growth, and the impact the movement has had on public discussion surrounding sexual harassment and assault. They also look at the movement through the lens of the law, looking at what the law has to say about enablers and witnesses, the importance of modernizing the laws surrounding rape, and the adequacy of societal punishment.
Deborah Tuerkheimer is the Class of 1940 Research Professor of Law at Northwestern Pritzker School of Law and an expert in criminal law, evidence, and feminist legal theory.
Laura Beth Nielsen is a research professor at the American Bar Foundation as well as a professor of sociology and director of the Center for Legal Studies at Northwestern University.
Committees have been formed, seminars have been taught, and conferences have been hosted — all in an effort to convince lawyers that new technology will save them time and money. Sometimes the message sticks; sometimes attorneys run in the opposite direction. But is it lawyers themselves or the industry's rules and culture that hinder innovation in legal tech? In this episode of Planet Lex, host Daniel Rodriguez talks to Bill Henderson about innovation in the legal industry, including the cultural and regulatory restraints that keep new technology from impacting the legal industry at large. They discuss the diffusion theory, which explores how innovative ideas percolate within a market; traditional practices in law firms that impede the adoption of new ideas; and the role of law schools in encouraging exploration.
Bill Henderson is the Stephen F. Burns Chair on the Legal Profession at Indiana University Maurer School of Law and a visiting professor at Northwestern Law.
Whether it’s Milo Yiannopoulos being unable to speak at Berkeley or James Damore being fired for his Google memo, freedom of speech has repeatedly emerged as a topic of controversy, especially in terms of hate speech. In this episode of Planet Lex, host Daniel Rodriguez talks to Marty Redish, a freedom of expression professor, about how the law defines free speech and the right of various institutions, like businesses and universities, to regulate speech. They also discuss what is and isn’t protected by the first amendment, including the defense of hate speech.
Martin H. Redish, the Louis and Harriet Ancel Professor of Law and Public Policy at Northwestern Pritzker School of Law, teaches and writes on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law.
The Trump administration is constantly in the news but what's going on behind the scenes? In this episode of Planet Lex, host Daniel Rodriguez talks to former White House Counsel Neil Eggleston and former FCC Chairman Newt Minow about their experiences working for past presidents and their concerns about the Trump administration. They discuss the way we elect our presidents, the failings of the media, and whether or not the government is currently experiencing a moment of constitutional crisis.
Newton Minow is senior counsel in Sidley Austin’s Chicago office. In 1961, President John F. Kennedy appointed him chairman of the Federal Communications Commission. He received the Presidential Medal of Freedom from President Barack Obama in 2016.
Neil Eggleston is a litigation partner in the Washington, D.C. office of Kirkland & Ellis LLP. He was White House counsel to President Obama from 2014 to 2017.
Bestselling author and lawyer Scott Turow has written 13 books, including the law school must-read One L, and Presumed Innocent, the novel credited with creating the legal fiction genre. In this episode of Planet Lex, host Daniel Rodriguez talks to Scott about legal fiction, his career as a writer and lawyer, and the nature of legal education. They also touch on Scott’s work to reform capital punishment and the legal complexities of being an author in the age of technology.
Scott Turow is the author of 11 bestselling novels and two nonfiction books, including One L, about his experience as a law student.
Stoner jokes aside, cannabis is a truly budding industry. In this episode of Planet Lex, Daniel Rodriguez talks to Charlie Bachtell, CEO of Cresco Labs, and Dina Rollman, Chief Counsel at Green Thumb Industries, about the complexities of the marijuana industry, including how Illinois has set a precedent for regulatory programs, the banking challenges facing cultivators, and the battle for more research within the United States. They also discuss the role of lawyers within the cannabis business, and how they each got involved in this new and evolving industry.
Charlie Bachtell is the CEO of Cresco Labs, LLC. In this role, Bachtell ensures that Cresco is an industry leader, setting new standards for a progressive, transparent and reputable medical cannabis community.
Dina Rollman is GTI’s Chief Counsel – Compliance. In this role, she monitors and ensures full compliance with state and federal laws pertaining to GTI’s multi-state cultivation and dispensary operations.
There are looming conflicts between the Trump administration and local governments on a number of issues, including (but not limited to) sanctuary cities and climate change laws. In this episode of Planet Lex, Daniel Rodriguez discusses these hot-button topics with Kirkland & Ellis Professor of Law David Dana and Associate Professor of Law Nadav Shoked. Together they discuss the current state of sanctuary cities, response to the Trump administration pulling out of the Paris accord, and the ongoing clash between federal authorities and state and local government.
Nadav Shoked joined the Northwestern faculty in 2012 as an Assistant Professor of Law. His work focuses on the law and theory of property, local government law, and American legal history.
As Kirkland & Ellis Professor of Law at Northwestern University, David Dana is a leading scholar in the fields of environmental law, property, land use, and professional responsibility.
Success after law school doesn’t always mean practicing law, and these two guests are renowned examples of how a legal education can offer an advantage in the business world, too. In this episode of Planet Lex, host Daniel Rodriguez talks to J.B Pritzker, co-founder of the Pritzker Group and Illinois Democratic candidate for governor, and Howard Tullman, CEO of 1871 Chicago, about what it takes to pursue innovation in business. They discuss the five must-haves for an entrepreneurial mindset, how law degrees prove helpful in building a business, and a day in the life of 1871. They also dig into the startup tech scene in Chicago, a city abundant in community and support but with its own set of obstacles, and how education needs to change to keep up with technology.
J.B. Pritzker is a venture capitalist, entrepreneur, philanthropist, and private business owner based in Chicago. He is a Democratic candidate in the 2018 Illinois gubernatorial race.
Howard Tullman is the CEO of 1871 and the Managing Partner for two early-stage venture capital funds, Chicago High Tech Investment Partners, LLC and G2T3V, LLC.
The speed of technological developments and change is so rapid that the government can’t craft corresponding rules and regulations fast enough. In this episode of Planet Lex, host Daniel Rodriguez talks to Northwestern Law Professor Jim Speta about net neutrality, online privacy, cybersecurity, and how the government is handling these growing issues. Their discussion dives into the new net neutrality legislation and how the new chair of the FCC will affect this and future regulation.
Jim Speta is a member of the faculty at Northwestern Pritzker School of Law and Senior Associate Dean for Academic Affairs and International Initiatives. His research interests include telecommunications and Internet policy, antitrust, administrative law, and market organization.
The Supreme Court has faced a whirlwind of change and controversy over the last year, first with the death of Justice Scalia and then with election of President Trump and the actions of his Administration. In this episode of Planet Lex, host Daniel Rodriguez talks to Carter Phillips about the current state of the Supreme Court in 2017. Their discussion includes President Trump’s nomination of Neil Gorsuch, the Democrat Party opposition during this process, and the consequences of the nuclear option, whether it’s used or not. They conclude the episode with a brief discussion of the textbook Phillips co-authored with Northwestern Law faculty, Advanced Appellate Advocacy.
Carter G. Phillips is the chair of Sidley Austin LLP’s Executive Committee and was the managing partner of its Washington, D.C. office from 1995 to 2012. He has argued 75 cases before the Supreme Court since joining Sidley, more than any other lawyer while in private practice.
Trump’s presidency has brought about a lot of change, especially in regard to law. In this episode of Planet Lex, host Daniel Rodriguez interviews Northwestern Law faculty members Deborah Tuerkheimer, Andrew Koppelman, and Eugene Kontorovich about recent actions by President Trump and the legal considerations facing this new administration. In their discussion, they cover a wide array of topics, including President Trump’s nomination of Judge Neil Gorsuch, his expansion of executive power, and the potential of the Department of Justice shifting away from certain civil rights issues. They conclude with a lightning round that touches on topics like climate change, affirmative action, and power the president holds and doesn’t hold over foreign treaties.
Professor Deborah Tuerkheimer joined the Northwestern Law faculty in 2014. She teaches and writes in the areas of criminal law, evidence, and feminist legal theory. She’s a former assistant district attorney and a frequent contributor to Slate.
Professor Andrew Koppelman is John Paul Stevens Professor at Northwestern Law, where he received the 2015 Walder Award for Research Excellence. His scholarship focuses on issues at the intersection of law and political philosophy.
Professor Eugene Kontorovich specializes in constitutional law, federal courts, and public international law. He has published over thirty major scholarly articles and book chapters in leading law reviews and peer-reviewed journals in the United States and Europe.
The rise of legally focused technology has caused many attorneys to reflect on their current level of tech savvy and consider the improvements that future advancements might hold. In this episode of Planet Lex, host Daniel Rodriguez speaks with Professor Richard Susskind about the impact new technologies will have on the legal profession and whether law schools are sufficiently training law students to be the pioneering attorneys of tomorrow.
Professor Richard Susskind OBE is an author, speaker, and independent adviser to major professional firms and to national governments. His main area of expertise is the future of professional service and, in particular, the way in which information technology and the Internet are changing the work of lawyers.
The increased media coverage of police shootings has coincided with the growing prominence of conversations about race and law enforcement. In this episode of Planet Lex, host Daniel Rodriguez speaks with Northwestern Pritzker School of Law Assistant Professor of Law Destiny Peery about implicit bias, tensions between the police and the communities they serve, and how perceptions of race impact the legal system.
Destiny Peery is an Assistant Professor of Law at Northwestern Pritzker School of Law. Her teaching and research interests focus on law and psychology perspectives on criminal law, discrimination law, the use of social science as evidence, and race and law.
In this episode of Planet Lex, host Daniel Rodriguez speaks with Northwestern Pritzker School of Law George C. Dix Professor in Constitutional Law John McGinnis and Northwestern University’s McCormick School of Engineering Professor of Electrical Engineering and Computer Science Larry Birnbaum about emergent technology and its effects on the law. Dan opens the interview by reminding everyone that it has been 10 years since the publication of Raymond Kurzweil’s book, “The Singularity is Near: When Humans Transcend Biology,” and poses the question of exactly how close we are to the day when computer intelligence surpasses human intelligence. Larry shares his belief that the singularity is coming, though the time table is unknown. John agrees and states that the victory of IBM’s computer system Watson over its human competition on Jeopardy shows the accelerating technology and that software and connectivity are improving, in addition to hardware computation. Both guests analyze how this technology might significantly impact intermediary positions within the workforce and consider the implications on the practice of law. Larry concludes that there are many aspects to lawyering and that you have to break down those segments to figure out which will or will not be adversely affected. John does not anticipate emergent tech putting lawyers out of business in the near future, but does think it is the beginning of how society integrates some of that tech into the work that humans will still do and feels that we’ll see a long evolution of progress in this area. Both guests evaluate the ways in which tech innovation might improve overall equality in society. They close the interview with an analysis of how difficult it is for our regulatory structure to keep up with advancements in technology and the issues present in making the risks associated with these advancements understandable to people.
In this episode of Planet Lex, host Daniel Rodriguez speaks with Northwestern Pritzker School of Law Harry R. Horrow Professor in International Law Juliet Sorensen about the pervasiveness and regulation of corruption. Juliet defines public corruption as the abuse of public office for private gain and discusses the challenges of working within the various parameters of both civil causes of action and criminal law to regulate said corruption. Certain forms of malfeasance, like bribery, have been traditionally governed by criminal law while other forms like patronage and nepotism have been grounds for civil actions under the First Amendment but have generally been found not to be either federal, state, or local crimes. Juliet highlights that in a functioning democracy the safeguard against public officials who the electorate disapproves of is voting them out of office, however if corruption has pervaded a democracy to the extent that voting public officials out of office cannot be done in a free and fair way, then that is an impingement of human rights. She shares that many countries are unable or unwilling to regulate public corruption for a myriad of reasons, including limited resources and weak institutions, and that in some countries the culture of corruption is so pervasive that it becomes incredibly difficult to change. Juliet also analyzes the International Olympic Committee’s decision not to ban Russia from the Rio 2016 Olympic Games and discusses how the McLaren Investigation Report on doping in Russia illustrates abuses of all levels of public office but not necessarily for monetary gain. She closes the interview with an investigation of how the emergency reconstruction phase after major extreme weather events can facilitate corruption and how we can combat this. Finally, she considers the severity of public corruption, domestically or internationally, against other major issues of social policy or criminal law enforcement.
The issue of sexual assault on campuses and how to best combat these incidents is a highly debated topic among legal professionals. How should these crimes be handled and what can colleges do to protect their students?
In this episode of Planet Lex, host Daniel Rodriguez speaks with Northwestern Pritzker School of Law Professor of Law Deborah Tuerkheimer about campus sexual misconduct. Deborah shares that historically universities have not handled issues of sexual assault well and that the significance of the problem is still being assessed as we look at how institutions of higher education respond to these situations. She talks about the 2011 “Dear Colleague” letter issued by the U.S. Department of Education Office for Civil Rights on how campuses should handle sexual misconduct and provides insight into how the document represents a shift in the way the federal government approached the issue. Deborah explains what Title IX is and how it helped establish that sexual harassment can create a hostile environment. In addition to the civil and criminal systems, she discusses what campuses can do to help those affected by sexual misconduct and why disciplinary responsibilities fall squarely on campuses to ensure that affected students are able to continue their education. Deborah closes the interview with her perspective on what else the federal government can do to bring adequate attention to these issues and the impact that the “Dear Colleague” letter has had on our nation's campuses.
Deborah Tuerkheimer joined the Northwestern Pritzker School of Law faculty in 2014 after serving as a professor of law at DePaul University since 2009. Professor Tuerkheimer received her undergraduate degree from Harvard College and her JD from Yale. She teaches and writes in the areas of criminal law, evidence, and feminist legal theory. Her book, “Flawed Convictions: ‘Shaken Baby Syndrome’ and the Inertia of Injustice,” was published by Oxford University Press in 2014. She is also a co-author of the casebook “Feminist Jurisprudence: Cases and Materials” and the author of numerous articles on rape and domestic violence. After clerking for Alaska Supreme Court Justice Jay Rabinowitz, she served for five years as an assistant district attorney in the New York County District Attorney's Office, where she specialized in domestic violence prosecution. Tuerkheimer was elected to the American Law Institute in 2015, an esteemed group of judges, lawyers, and legal scholars dedicated to the development of the law.
The increasing societal shift toward a more global marketplace encourages many graduates to seek a multidisciplinary education. How does learning skills from various fields help students in the workplace and what value can legal knowledge add?
In this episode of Planet Lex, host Dan Rodriguez talks with Northwestern Pritzker School of Law J. Landis Martin Professor of Law & Business Emerson Tiller and Clinical Associate Professor of Law Director Leslie Oster about the new Master of Science in Law Program. Emerson shares that the goal of the program is to train individuals who come from STEM (Science, Technology, Engineering, and Mathematics) backgrounds, in the ways that law can integrate the more technical aspects of business management and innovation. Leslie discusses the program’s objectives to help the students be more nimble in their problem solving and empower them with the tools to analyze issues more holistically. She also emphasizes that students who understand multiple disciplines and how they interact will be able to offer unique perspectives relative to their peers and coworkers. Emerson evaluates the benefits of having business people and entrepreneurs intermingling with law students on campus, and they both discuss how the program has attracted a 50% male to female gender balance. They close the interview with a discussion of the opportunities this program presents their graduates and how interested individuals with STEM backgrounds can enter the program.
New technology has greatly lowered the barrier of entry into the music industry for new artists looking to release recordings and distribute their music. How have these emergent technologies affected copyright law and, subsequently, the salaries of working musicians?
In this episode of Planet Lex, host Dan Rodriguez talks with Northwestern Pritzker School of Law Professor of Law Searle Research Fellow Peter DiCola about music copyright law and how new technology has affected the industry. Peter speaks briefly about his professional history and opens the interview with an explanation of copyright law. He then analyzes how early technology, like the piano roll and the phonograph, challenged notions of whether and how composers should get paid and provides examples of how these questions are still relevant today. Peter then discusses the formation of the American Society of Composers, Authors and Publishers and provides insight into how the Copyright Royalty Board determines the price satellite radio and webcasting services should pay for the use of sound recordings. He evaluates the differences in how Congress established licenses for webcasting vs. on-demand internet radio and compares the varying restrictions for each. Peter closes the interview with a discussion of songwriter income reduction and whether the societal devaluation of music even permits these artists to work in the industry full time today.