PLAY PODCASTS
Common Law

Common Law

64 episodes — Page 1 of 2

S6 E7: Medicalizing Civil Rights

Experts increasingly use the language of medicine and disability to address social issues like poverty and racial discrimination. Professors Craig Konnoth of UVA Law and Karen M. Tani of Penn Law discuss how we got here.

May 21, 202440 min

S6 E6 Throwback: A Future With Autonomous Vehicles

“Common Law” looks back on a season 1 episode about liability issues connected to autonomous vehicles, featuring UVA Law professor Kenneth S. Abraham and alum Mike Raschid ’86. Has the future finally arrived?

Apr 23, 20242 min

S6 E5: Digging Into Our Forgotten Legal History

UVA Law professors Cynthia Nicoletti and Joy Milligan join host Risa Goluboff for a discussion on how divergent approaches to digging into the past can reveal some surprising truths about law and history.

Apr 9, 202438 min

S6 E4: A Prescription for Saving Democracy

Two former White House officials on different sides of the political aisle, Melody Barnes and John Bridgeland ’87, talk about ways to strengthen democracy and work across differences.

Mar 26, 202436 min

S6 E3: Why ESG Investing Is at a Turning Point

The practice of investing in funds and companies that pay attention to environmental, social and corporate governance issues could be at a turning point, say UVA Law professors Quinn Curtis and Paul G. Mahoney.

Mar 12, 202444 min

S6 E2: Was Chevron Wrongly Decided?

UVA Law professors John Duffy and Dan Ortiz discuss whether the Supreme Court will or should overturn one of its most famous decisions, Chevron, which gave administrative agencies deference in interpreting statutes.

Feb 27, 202443 min

S6 E1: Ethics at the Supreme Court

Does the U.S. Supreme Court need more oversight in light of recent ethics concerns? UVA Law professors Amanda Frost and Richard M. Re join host Dean Risa Goluboff to discuss whether more rules are needed.

Feb 13, 202448 min

Season 6 Preview: Free Exchange

Season 6 features the kind of robust discussions and debates that go on behind the scenes among faculty at the University of Virginia School of Law. Dean Risa Goluboff returns to host.

Feb 7, 20242 min

S5 E8: Why Your Face Should Be a Trade Secret

Facial recognition technology is used for everything from unlocking your phone to locking up criminals. UVA Law professor Elizabeth Rowe makes the case that biometric data like your face and fingerprints should have trade secret-level protections.

Mar 23, 202330 min

S5 E7: Playing by the Rules in Our Everyday Lives

What makes people and organizations obey — or resist — the law? Social scientist Susan S. Silbey, a professor at the Massachusetts Institute of Technology, discusses her life’s work on the subject.

Mar 9, 202330 min

S5 E6: The Politics of Pipelines

The federal process for reviewing proposed interstate natural gas pipelines was highly contentious several decades ago and is now more of a rubber stamp. UVA Law professor Alison Gocke looks at what changed.

Feb 23, 202332 min

S5 E5: The State of the Supreme Court’s Legitimacy

Political scientist James L. Gibson discusses his survey data suggesting the U.S. Supreme Court lost some legitimacy in the eyes of the public after overturning Roe v. Wade.

Feb 9, 202336 min

Avoiding the Separation-of-Powers Question

Congressional conflicts with the executive branch often set off legal battles in the courts, and cases can drag on until the point is moot. UVA Law professor Payvand Ahdout digs into why this is happening and what impact it has on the balance of power.

Dec 15, 202233 min

S5 E3: ‘Bad Habits’ and Character Evidence

The rules on character evidence are difficult to apply and riddled with exceptions and problems, according to Teneille Brown, a University of Utah law professor who argues they need to be updated.

Dec 1, 202230 min

S5 E2: The Supreme Court Case That Could Rewrite Democracy

The U.S. Supreme Court case Moore v. Harper tests the independent state legislature doctrine and could radically change electoral districting maps and the states’ role in federal elections, says University of Virginia law professor Bertrall Ross.

Nov 3, 202232 min

S5 E1: Taboo Trades

University of Virginia School of Law professor Kim Krawiec discusses her work on taboo transactions, such as commercial surrogacy, egg and sperm markets, organ donation and sex work. Risa Goluboff and Cathy Hwang host the episode.

Oct 20, 202230 min

S4 E14: A Bloody Revolution and an Odious Debt

University of Virginia law professor Mitu Gulati looks at the tragic history of Haiti’s 19th-century “odious debt” to France after islanders won their freedom from slavery, and discusses whether Haiti could recoup what it lost.

Aug 4, 202229 min

S4 E13: Fighting Racial Discrimination in Our Digital Lives

University of Pennsylvania law professor Anita L. Allen discusses her framework for stopping surveillance, fraud and exclusion targeting Black Americans online.

Jul 21, 202231 min

S4 E12: Predicting Violence

UVA Law professor John Monahan discusses how predicting violence became a concern for courtrooms and mental health practices nationwide, and developed alongside his own career.

Jul 7, 202235 min

S4 E11: Why Privacy Matters

Don’t care about information privacy because you have nothing to hide? Neil Richards, a law professor at the Washington University in St. Louis and a UVA Law alumnus, explains the extent to which companies mine data and seek to influence you, and why you should care.

Jun 23, 202236 min

S4 E10: The President’s Power To Hire and Fire

George Mason University law professor Jennifer Mascott discusses past and present legal challenges to the president’s power to appoint and remove executive officers.

Jun 9, 202232 min

S4 E8: The Psychology of Eyewitness Memory

Psychologist Elizabeth F. Loftus, a leading expert on memory, discusses how her research transformed the justice system.

May 12, 202229 min

S4 E7: The High Cost of Pretrial Detention

Would you rather spend a day in jail or be the victim of a burglary? UVA Law professor Megan Stevenson discusses why her research suggests almost no one should be detained pretrial.

Apr 28, 202228 min

S4 E6: Property Taxes and Racial Gentrification

Under some property tax schemes, white homebuyers moving into gentrifying neighborhoods might be getting a substantial tax break, explains UVA Law professor Andrew Hayashi.

Apr 14, 202228 min

S4 E5: The Railroad Strike Case That Made History on Federal Injunctions

UVA Law professor Aditya Bamzai discusses In re Debs and the federal government’s use of injunctions with hosts John Harrison and Risa Goluboff.

Apr 1, 202232 min

S4 E4: Why Fair Procedures Matter in Policing

Yale Law School professor Tom R. Tyler joins co-host and fellow psychologist Gregory Mitchell to discuss Tyler’s work on procedural justice, including a training program for Chicago police officers.

Mar 17, 202230 min

S4 E3: Calling Out Cyberattacks

The United States and other nations have only recently begun to publicly attribute cyberattacks to other countries, such as Russia. UVA Law professor Kristen Eichensehr proposes more transparency and legal guardrails when exposing cyberattacks.

Mar 3, 202231 min

S4 E2: Inside the President’s Supreme Court Commission

University of Alabama law professor Tara Leigh Grove, a member of the Presidential Commission on the Supreme Court of the United States, joins hosts John Harrison and Risa Goluboff to discuss options for reform and why change is so difficult.

Feb 17, 202232 min

S4 E1: Why ESG Funds Are Shaking Up Wall Street

Do ESG funds — those espousing environmental, social and governance values — live up to their label, and should they be regulated? UVA Law professor Quinn Curtis joins hosts Cathy Hwang and Risa Goluboff.

Feb 3, 202229 min

Season 4 Preview: Co-Counsel

For the fourth season of the podcast “Common Law,” launching Feb. 3, UVA Law professors John Harrison, Danielle Citron, Gregory Mitchell and Cathy Hwang will co-host with Dean Risa Goluboff. Each co-host is helping to choose guests and topics, and bringing their own expertise to the show.

Jan 27, 20222 min

S3 E9: Separate Schools, Separate Worlds

Why are many K-12 schools still struggling with racial inequity and the legacy of segregation almost 70 years after Brown v. Board of Education? University of Virginia President Jim Ryan discusses the role of the Supreme Court, public policy and higher education in addressing the issue.

Jun 1, 202132 min

S3 E8: The Goal of Equity in Women’s Soccer

Despite dominating in international competition, the U.S. women’s soccer team is paid far less than their male counterparts. UVA Law professor Camilo Sánchez and law student Jolena Zabel explore what players’ efforts around the world to achieve equity in pay and working conditions teach us.

May 11, 202130 min

S3 E7: From Trayvon Martin to George Floyd: The Trauma of Injustice

Black communities experience lasting “cultural trauma” from the lack of accountability for police and vigilante violence, explains Boston University School of Law Dean Angela Onwuachi-Willig.

Apr 23, 202129 min

S3 E6: Policing the Police

UVA Law professor Rachel Harmon, author of “The Law of the Police,” says it’s time for Americans to broadly rethink how we regulate the police.

Apr 6, 202132 min

S3 E5: Regulating Private Lives

From interracial marriage to LGBTQ rights, when the Supreme Court decriminalizes private behavior, other forms of regulation step in, says New York University School of Law professor Melissa Murray.

Mar 23, 202134 min

S3 E4: The Wolf at the Door

Economic insecurity is affecting Americans’ lives in profound ways, both at home and in politics. Columbia law professor and UVA Law alumnus Michael Graetz discusses his proposals for reform.

Mar 9, 202130 min

S3 E3: Uncoupling the Benefits of Marriage

From health care to taxes, numerous financial benefits are still tied to whether you are married — even as the marriage rate is declining. UVA Law professor Naomi Cahn discusses how uncoupling benefits from marriage can be more equitable.

Feb 23, 202129 min

S3 E2: The Bias Baked Into Algorithms

UVA Law professor Deborah Hellman discusses her work on how algorithms can compound injustice, and the evolution of her theory on discrimination.

Feb 9, 202129 min

S3 E1: What Happened to the ‘Promised Land’?

Harvard Law School professor Randall Kennedy discusses past and present visions for a “promised land” on race, and what law can do to shape it.

Jan 26, 202131 min

Season 3 Preview: Law and Equity

What role can law play in making society more equitable? "Common Law" hosts Risa Goluboff and Leslie Kendrick will explore how inequities touch our lives, sometimes in unexpected ways. Tune in Jan. 26 for the first episode.

Jan 21, 20212 min

S2 E11: ‘Carbon Dioxide Warriors’ at the Supreme Court

Harvard Law School professor Richard Lazarus discusses how environmentalists made history with the U.S. Supreme Court case Massachusetts v. Environmental Protection Agency.

May 19, 202030 min

S2 E10: The President’s Expanding Powers

University of Virginia School of Law professor Saikrishna Prakash discusses his new book on how the presidency’s authority has grown and how Congress might check the executive.

Apr 30, 202026 min

S2 E9: Learning From Pandemics of the Past

As the world battles the novel coronavirus, University of Virginia history professor Christian McMillen discusses what lessons we can learn — and improve upon — from past pandemics.

Apr 16, 202033 min

S2 E8: Native American Costumes and the Unwritten Constitution

Why did colonists wear Native American costumes at the Boston Tea Party? Professor Farah Peterson investigates the history of mob protests for economic rights on the path to America’s unwritten constitution.

Mar 31, 202033 min

S2 E7: Teaching the Law of Sexual Assault

As women began to enter law school, educators worried about whether the curriculum was fit for female ears, UVA Law professor Anne Coughlin explains. These same issues manifest today in debates over whether professors can teach the law of sexual assault in an era of trigger warnings.

Mar 3, 202027 min

S2 E6: A Prosecutor’s Path to Criminal Justice Reform

Former U.S. Attorney Joyce White Vance ’85 discusses a revolution in how prosecutors are thinking about and pursuing justice.

Feb 18, 202024 min

S2 E5: The Lowdown on Libel

The Supreme Court took on New York Times Co. v. Sullivan in 1964, in part, to protect the civil rights movement. But did justices go too far in making libel hard to prove? UVA Law professor Frederick Schauer explains new concerns.

Feb 4, 202026 min

S2 E4: When School Financing Hit the Courts

The Supreme Court said the Constitution didn’t guarantee a right to education in the 1973 case San Antonio Independent School District v. Rodriguez, but litigation aiming for equity continues, as UVA Law professor Kimberly Robinson explains.

Nov 12, 201927 min

S2 E3: The Road Not Taken After the Civil War

A Union effort to redistribute land to former slaves during the Civil War unraveled because of the efforts of Southern lawyers, UVA Law professor Cynthia Nicoletti explains.

Oct 29, 201925 min

S2 E2: Rethinking Rights After World War II

As World War II made clear, the United States needed to step up on civil liberties and civil rights to take on the Soviet Union, UVA Law professor G. Edward White explains.

Oct 15, 201928 min