Lawyer 2 Lawyer

On July 1st a new law took effect in Tennessee that allows prosecutors to pursue criminal assault charges if the mother uses illegal drugs during pregnancy. Although it had widespread bipartisan support and is designed to fight Neonatal Abstinence Syndrome, some believe it to be an unconstitutional infraction on privacy, equal protection, and due process. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Tennessee House Representative Mike Carter and Legal Director for the American Civil Liberties Union of Tennessee Thomas Castelli. Together they discuss maximum penalties, the law's effect on demographics, and treatment based defenses to punishment. Tune in to hear why the Tennessee General Assembly believes this law is their only option and the reasons the ACLU is fighting it. Thomas H. Castelli is the Legal Director for the American Civil Liberties Union of Tennessee. Prior to joining the ACLU, he provided litigation counsel to businesses and law firms with Counsel on Call and was a founding partner with Castelli and Knox, LLP, a small general practice firm with an emphasis on employment discrimination and wrongful discharge. He also worked as an associate at Schulten, Ward and Turner, LLP as well as Sutherland, Asbill and Brennan, LLP, where he focused on employment, construction, bankruptcy and general business litigation. He is a native Tennessean who grew up in Murfreesboro. The Honorable Mike Carter is a House Representative in the Tennessee General Assembly. He is a life-long resident of Ooltewah, Tennessee and practiced law for twenty years before being appointed as Judge, now retired, in 1997 by then Governor Don Sundquist. In 2009, Mr. Carter served as Special Assistant to then County Mayor Claude Ramsey. In 2012, he ran unopposed as a State Representative to serve the people of the newly created 29th District of Tennessee. Carter serves on the House Civil Justice Committee, House Finance Ways and Means Committee, and the House Ethics Committee. He also serves on TACIR (Tennessee Advisory Commission on Intergovernmental Relations) and the House Judicial Oversight Panel. Special thanks to our sponsor, Clio.

The Supreme Court's recent decision in Burwell v. Hobby Lobby invokes passionate debates and fiery discourse. At the spearhead of exchange are questions about reproductive, First Amendment, and healthcare rights. On this episode of Lawyer 2 Lawyer, host Bob Ambrogi brings light to these issues along with Emily Martin from the National Women's Law Center and Elizabeth Slattery from the Heritage Foundation. Together they discuss the application of the Religious Freedom Restoration Act vs. invoking a Constitutional argument centered around the First Amendment. Tune in to learn more about the 4 debated methods of contraception, Justice Ginsburg's dissent, and religious rights of corporations. Emily Martin is the Vice President and General Counsel at the National Women's Law Center, where she undertakes cross-cutting projects addressing women's health, economic security, and education and employment opportunities. Prior to joining the Center, Ms. Martin served as Deputy Director of the Women's Rights Project at the American Civil Liberties Union and served as a law clerk for Senior Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Judge T.S. Ellis, III, of the Eastern District of Virginia. She has served as Vice President and President of the Fair Housing Justice Center, a non-profit organization in New York City. Elizabeth Slattery is a senior legal policy analyst in The Heritage Foundation's Edwin Meese III Center for Legal and Judicial Studies. She researches a variety of issues such as the rule of law, the First Amendment, civil rights and equal protection, and the scope of constitutional provisions. Ms. Slattery also studies and writes about cases before the Supreme Court, judicial nominations, and the proper role of the courts. She manages the Meese Center's appellate advocacy programs, including moot court sessions to prepare litigators for oral argument before the Supreme Court. Ms. Slattery's analysis and commentary have appeared in The Washington Times and The Washington Examiner, as well as outlets including National Review Online, The Daily Signal, The Daily Caller and U.S. News and World Report. Special thanks to our sponsor, Clio.

Since 2009, the number of unaccompanied minors apprehended crossing the U.S. border has sharply increased. The journey for these children is long, expensive, and dangerous. What is the cause of this sudden influx of young immigrants? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Alex Nowrasteh from the Cato Institute and Elizabeth Dallam from Kids in Need of Defense (otherwise known as KIND). Together they discuss the immigration numbers, reasons for seeking asylum, and suggested policy changes. Tune in to learn how immigration is affected by Central American gangs and the War on Drugs. Alex Nowrasteh is the immigration policy analyst at the Cato Institute's Center for Global Liberty and Prosperity. Previously he was the immigration policy analyst at the Competitive Enterprise Institute. Among many publications, his work has appeared in The Wall Street Journal, Houston Chronicle, and Boston Globe. He has appeared on Fox News and numerous television and radio stations across the United States. He received his B.A. in Economics from George Mason University and Masters in Economic History from the London School of Economics. Elizabeth Dallam is the National Legal Services Director at Kids in Need of Defense (KIND) which is a program providing pro bono legal services to children who arrive "unaccompanied" or alone to the United States. Previously, she served as the Senior Protection Officer at the United Nations High Commissioner for Refugees in Washington, DC. During her tenure at that organization, she acted as the agency's focal point on unaccompanied children and advocated for systemic reforms in law and policy to better protect children. Prior to that, Elizabeth was the Executive Director of the Florence Immigrant and Refugee Rights Project in Arizona, where she started a children's representation project. Special thanks to our sponsor, Clio.

Imagine a computer thousands of miles away recognizing you in a camera at an intersection. Furthermore, consider being tracked and monitored from your home to your place of work every day. Facial recognition technology makes this type of identification possible and it is being rapidly developed for country defense and law enforcement purposes. On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Ed Tivol from EWA, Government Systems, Inc. and Jennifer Lynch from Electronic Frontier Foundation. Together, they discuss the paradox of security vs. privacy when it comes to biometric modes of identification. In addition, they deliberate on how this data is being collected, who is collecting it, and for what purpose. Tune in to hear about your evolving First and Fourth Amendment Rights in the face of national security, crime prevention, and the private sector. Jennifer Lynch is a Senior Staff Attorney with the Electronic Frontier Foundation and works on open government, transparency, and privacy issues as part of EFF's Transparency Project. She is a writer and frequent speaker on government surveillance programs, domestic drones, intelligence community misconduct, and biometrics. Lynch has testified about facial recognition before Senate Subcommittees and prior to joining EFF, she was the Clinical Teaching Fellow with the Samuelson Law, Technology and Public Policy Clinic at UC Berkeley School of Law. Ed Tivol is the Vice President of the Intelligence and Operations Division for EWA, Government Systems, Inc. a defense contractor actively developing facial recognition technology for the Federal Government. He is a 1964 graduate of The Citadel and served in the Army's Military Intelligence branch for 24 years. Tivol completed two tours in Vietnam and retired with the rank of Colonel in 1990. In the same year, he began his work with EWA and has been there ever since. Ed holds master's degrees from University of Maryland and the Army War College. Today Mr. Tivol and his wife raise racehorses and Angus cattle outside of Bowling Green, Kentucky. Special thanks to our sponsor, Clio.

May 17th, 2014 marked the 60th Anniversary of Brown v. Board of Education, the landmark Supreme Court Decision that held state laws establishing separate public schools for black and white students as unconstitutional because they violate the Equal Protection Clause of the 14th Amendment. Today, some six decades later, many parents and teachers are still worried that America's children are not receiving equal access to education envisioned in that case. On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams shed light on this issue with guests Christian D'Andrea from the MacIver Institute and Kyle Serrette from The Center for Popular Democracy. Together they discuss private schools, charter schools, and homeschooling vs. the community school model. Tune in to learn more about funding concerns, oversight issues, and the proper role of teachers unions in the school choice debate. Christian D'Andrea is an Education Policy Analyst with the John K. MacIver Institute for Public Policy in Madison, WI. He earned his Master's of Public Policy degree at Vanderbilt University and has previously worked for the Friedman Foundation for Educational Choice as a State Policy Director and Policy Analyst. He is the author of several studies that examine the fiscal and personal impacts of educational reform, and his work has been featured everywhere from the Huffington Post to EducationNext. Kyle Serrette is the Director of Education Justice Campaigns at The Center for Popular Democracy and works with their partner organizations to strengthen their public education coalitions, develop strategy to help close the opportunity gaps, and coordinates national and regional campaigns that work to bolster our public education system. Prior to joining The Center for Popular Democracy, Kyle spent over 10 years working on corporate campaigns with groups such as Service Employees International Union, Change to Win, and the American Federation of State, County and Municipal Employees. He was awarded the 2010 Joe Hill Organizing Achievement Award by the LA Fed and the Los Angeles Orange County Organize Committee. Special thanks to our sponsor, Clio.

On May 5th 2014, the Supreme Court decided Greece v. Galloway, a landmark case about the right of prayer in government assemblies. Both sides of the argument invoked the First Amendment to make their case, but who is right and why? On this episode of Lawyer 2 Lawyer, host Bob Ambrogi brings this issue to the forefront with opposing counsels Douglas Laycock, for the respondents, and David Cortman, for the petitioner. Together, they discuss the relative merits of their cases, the endorsement test, and the coercion test. Tune in to hear more about the future of legislative prayer and your First Amendment rights. Professor Douglas Laycock is a Robert E. Scott Distinguished Professor of Law Professor of Religious Studies at University of Virginia School of Law and one of the nation's leading authorities on the law of religious liberty. In addition to teaching for over 30 years, Professor Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court. Professor Laycock is an accomplished author on the subject at hand and the 2nd Vice President of the American Law Institute. Especially pertinent to today's episode, Professor Laycock argued for Susan Galloway and Linda Stephens, the respondents, in the Supreme Court. David Cortman serves as senior counsel and vice-president of Religious Liberty with Alliance Defending Freedom at its Atlanta Regional Service Center in Georgia. He also heads litigation efforts to defend and reclaim the First Amendment rights of public school students across the country. Among his many media appearances, Mr. Cortman has been on CNN, MSNBC, and Fox News. Especially pertinent to today's episode, he served as counsel for the Town of Greece, the petitioner, in the Supreme Court. Special thanks to our sponsor, Clio.

Due out this week is the 10th edition of Black's Law Dictionary. With 16,000 new definitions, 900 new maxims, and terms dated back to their first English usage, Black's Law Dictionary 10th Edition is touted to be the most comprehensive and relevant collection of legal terminology to date. But what goes into making this legal reference and how does it stay relevant in today's world? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Black's Law Dictionary's editor-in-chief Professor Bryan A. Garner. Together they discuss the army of 300 professionals and scholars who deciphered true meanings from historic documents, ancient language, and modern usage. Tune in to hear Garner describe what goes into updating Black's and why he believes attorneys will continue to use it for generations to come. Bryan A. Garner is a U.S. lawyer, lexicographer, and teacher who has written several books about English usage and style, including Garner's Modern American Usage and Elements of Legal Style. He has served as editor-in-chief of Black's Law Dictionary since 1995, and coauthored two books with Justice Antonin Scalia: Making Your Case: The Art of Persuading Judges, and Reading Law: The Interpretation of Legal Texts. Professor Garner is a prolific lecturer, having taught more than 2,500 writing workshops since the 1991 founding of his company, LawProse, Inc., and he is a distinguished Research Professor of Law at Southern Methodist University Dedman School of Law.

In its landmark 1963 decision Gideon v. Wainwright, the Supreme Court mandated the right to counsel in federal and state criminal proceedings. Fifty-one years after that unanimous decision, some question whether Gideon's promise has been fulfilled, as public defenders struggle against heavy caseloads, limited resources and low pay. On this episode of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Jonathan Rapping, founder of the Atlanta-based public defender training program Gideon's Promise, and Dawn Porter, director and producer of the documentary Gideon's Army. Together they discuss the daily rigors faced by public defenders in the south, their personal beliefs about unequal access to justice, and their ideas about how to better deliver on the promise of Gideon. Jonathan Rapping is the president and founder of Gideon's Promise, a training and support group for public defenders in the south aimed at creating greater access to justice for indigent defendants. He is also the director of the Honors Program in Criminal Justice at Atlanta's John Marshall Law School, where he teaches criminal law and criminal procedure. Rapping is the former director of public defender training programs in the District of Columbia, Georgia, and Louisiana. He is the recipient of the Lincoln Leadership Award from Kentucky's Department of Public Advocacy, the Sentencing Project Award from the National Association of Sentencing Advocates and Mitigation Specialists, and the Gideon's Promise Award from the Southern Center for Human Rights. Dawn Porter is a lawyer and the founder of Trilogy Films. She was the director and producer of the award-winning Gideon's Army, a documentary about public defenders associated with Gideon's Promise, which premiered at the 2013 Sundance Film Festival and aired on HBO Documentary Films. Prior to beginning her film and television career, Porter worked as an attorney at Baker and Hostetler and ABC Television Network. Among her many projects, she directed "Spies of Mississippi," a documentary on PBS about celebrity Chef Alexandra Guarnaschelli; produced "Serious Moonlight" starring Meg Ryan and Timothy Hutton; and produced "The Green," an independent feature starring Cheyenne Jackson (from 30 Rock) and Emmy-winning actress Julia Ormond. Special thanks to our sponsor, Clio.

Six states have passed laws to address revenge porn, but critics say those laws may infringe upon First Amendment rights and subject people to needless criminal prosecution. Critics of anti-revenge porn laws believe the laws as drafted are overly broad, fail to exempt acceptable behavior, and create a chilling effect on otherwise legal expression. On this follow up episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Lee Rowland from the ACLU and Marc Randazza from the Randazza Legal Group. Together we discuss the potentially harmful components of non-consensual porn legislation and consider alternative avenues of redress for victims. Professor Mary Anne Franks of the Cyber Civil Rights Initiative, a proponent of criminalizing revenge porn, joins us for the second half to debate criticisms of these laws. Tune in for a spirited debate about free speech, over-criminalization, and the proper way to address the troubling issue of revenge porn. For part one of this two-part series, please listen to Revenge Porn: Societal Costs and Legislative Solutions. Lee Rowland is a Staff Attorney with the ACLU's Speech, Privacy, and Technology Project. Prior to joining the ACLU, she was a voting rights counsel with the Brennan Center for Justice, where she successfully represented the League of Women Voters of Florida and others in constitutional challenges to Florida's 2011 election law. Rowland previously ran the Reno office of the ACLU of Nevada, where she regularly argued before the Ninth Circuit Court of Appeals and the Nevada Supreme Court. Marc Randazza is a First Amendment lawyer for the Randazza Legal Group located in Las Vegas, Nevada. A graduate of Georgetown University Law Center, he found his passion for the First Amendment while attending the University of Massachusetts at Amherst Journalism Program. Randazza has law offices in five states and represents both adult entertainment companies and private individuals. He is a regular contributor to news sources such as CNN and Fox News, and is a frequent commentator on legal issues to the international media. Professor Mary Anne Franks is the Vice President of Cyber Civil Rights Initiative and an Associate Professor of Law at the University of Miami School of Law. She holds a Juris Doctor degree from Harvard Law School and prior to her teaching career, obtained both her Masters and Ph.D. in Modern Languages and Literature as a Rhodes Scholar at Oxford University. As part of her continuing efforts with the Cyber Civil Rights Initiative, she works with state legislatures to draft legislation against non-consensual pornography. Special thanks to our sponsor, Clio.

The non-consensual posting of nude or sexual media by one person of another is known as Revenge Porn. Many victims report that this practice has had detrimental effects on their lives. Of those surveyed, 90 percent are women and 49 percent say they've been stalked or harassed. Despite the growing number of reports, most states' laws do not address the issue. On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview victim-advocate Dr. Holly Jacobs, a victim of revenge porn herself, and Professor Mary Anne Franks, both of the Cyber Civil Rights Initiative. Together, they discuss the technical aspects of various states' laws that allow some types of posts while forbidding others. Many factors and technicalities, including who took the picture, how the image or video was obtained, and who posted it, can dictate whether posting the item was illegal. Tune in to this very special episode to learn what individual states and the Cyber Civil Rights Initiative are doing to combat Revenge Porn. A follow up episode with guest Lee Rowland from the American Civil Liberties Union will examine other legal issues regarding Revenge Porn. It will be released on April 8th. Dr. Holly Jacobs is the Founder, President, and Executive Director of Cyber Civil Rights Initiative, which is the parent organization for the End Revenge Porn Campaign. She is a national commentator and writer on the subject and holds a PhD in Industrial/Organizational Psychology. While pursuing her graduate degrees, Jacobs became a victim of revenge porn and has since dedicated her life towards providing resources and advocacy to victims of online harassment. Professor Mary Anne Franks is the Vice President of Cyber Civil Rights Initiative and an Associate Professor of Law at the University of Miami School of Law. She holds a JD from Harvard Law School and prior to her teaching career, obtained both her Masters and PhD in Modern Languages and Literature as a Rhodes Scholar at Oxford University. As part of her continuing efforts with the Cyber Civil Rights Initiative, she works with state legislatures to draft legislation against non-consensual pornography.

Attorney-Client Privilege predates US history and is a fixture of Western Law. Pro advocates of its proliferation declare its necessity to a fair and adequate defense. According to many legal experts, NSA monitoring of privileged attorney-client communications stands in direct violation to the United States Bill of Rights and yet others disagree. In this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams shed light on this issue with guests Dean Erwin Chemerinsky of the University of California, Irvine School of Law and Dr. John Eastman of Chapman University Fowler School of Law. Erwin Chemerinsky is the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at the University of California, Irvine School of Law. His areas of expertise include, but are not limited to, constitutional law, federal practice, and civil rights. Erwin is a renowned author of seven books and nearly 200 articles in top law reviews. He has argued before the nation's highest courts and has been counsel to detainees in Guantanamo Bay Detention Camp in the Guantanamo Bay Naval Base, Cuba. He is also a regular commentator on legal issues before the national and local media. Dr. John Eastman is the Henry Salvatori Professor of Law and Community Service at Chapman University Fowler School of Law. He was the School's Dean from June 2007 to January 2010, when he stepped down to pursue a bid for California Attorney General. John is the Founding Director of the Center for Constitutional Jurisprudence, former law clerk for Justice Clarence Thomas, and has served as the Director of Congressional and Public Affairs at the United States Commission on Civil Rights during the Reagan administration. He is also a regular commentator on legal issues before the national and local media. Special thanks to our sponsor, Clio.

Federal law bans marijuana nationwide and yet some states have decided to license its trade. So, where does this leave citizens, local government, and attorneys who work in the cannabis industry? On this episode of Lawyer 2 Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Brian Vicente, Dan Riffle and Kathy Haddock to discuss the challenges and liabilities that persist in the void between federal and state drug laws. Brian Vicente is a Colorado criminal defense attorney and founding partner of Vicente Sederberg. He also serves as Executive Director for Sensible Colorado, chairs the Denver Mayor's Marijuana Policy Review Panel, and coordinates the Colorado Bar Association's Drug Policy Project. Dan Riffle is a former assistant prosecutor for Vinton County, Ohio who has turned lobbyist on Capitol Hill. He currently serves as the Director of Federal Policies for Marijuana Policy Project and has shepherded 2013 legislation through Illinois making it the second largest medical marijuana state. Kathy Haddock is the Senior Assistant City Attorney for the City of Boulder, Colorado. She is primarily responsible for advising finance, records, elections, airport, special districts, and special projects including medical and recreational marijuana. She has also been responsible for drafting the laws that license and govern medical marijuana businesses in Boulder, Colorado.

In an emergency, seconds count. What if you couldn't call 911 because you couldn't reach an outside line? On this episode of Lawyer 2 Lawyer, host J. Craig Williams interviews Henry "Hank" Hunt, the man petitioning for Kari's Law, and FCC Commissioner Ajit Pai. Together they discuss the importance of uniform dialing for 911. Henry Hunt's nine year old granddaughter, through no fault of her own, could not reach 911 to save her mother. Despite her multiple attempts, the calls would not connect because the hotel's phone system required dialing 9 to get an outside line. In the wake of these events, this Texas grandfather started the Kari's Law petition which calls for mandated direct-dial 911. Ajit Pai serves as FCC Commissioner focusing on regulatory environments where competition and innovation flourish. He is the former Associate General Counsel at Verizon. In addition, he has served as Senior Counsel with the Department of Justice and Chief Counsel to the Senate Judiciary Committee's Subcommittee on the Constitution, Civil Rights, and Property Rights.

Are Bar Exams really necessary? The Iowa State Bar Association isn't so sure. In this episode of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams interview Iowa State Bar Association President Guy Cook and Clinical Professor of Law John Whiston to learn why Iowa could soon offer Diploma Privilege for its law graduates. Cook is the current president of the Iowa State Bar Association. He is an Iowa native who has been practicing law for over 30 years. Guy is a board certified trial attorney, former federal prosecutor, and senior partner for Grefe and Sidney, P.L.C. where he practices exclusively in litigation. He also serves on the Board of Counselors of Drake University Law School. Whiston is a clinical professor of law at The University of Iowa College of Law. He teaches in the Clinical Legal Programs as well as courses in Evidence, Deposition Practice, Worker's Compensation, and Trial Advocacy. John is a former partner with Rossbach and Whiston, P.C. and has been admitted to practice before the Supreme Court of the United States. Special thanks to our sponsor, Clio.

If you had bought $1,000 worth of Bitcoins in 2010, you would have $2.4 million dollars today. The anonymous, Internet-based currency has seen an exponential rise in value and popularity since its inception in 2009. This raises legal questions regarding the legitimacy, the legalities, and what lawyers need to know about this new currency. In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite Bitcoin experts, attorney Lowell D. Ness and journalist Kashmir Hill, to provide some answers and a foretelling of the e-currency's future. Ness is a partner of the nationwide law firm Perkins Coie which has extensive experience in virtual currency. The firm's Virtual Currency Report Blog, which Lowell regularly contributes to, provides a legal outlook on the state of bitcoin and the market. Lowell's practice focuses on high-growth emerging companies and involves venture capital financings, mergers and acquisitions, public offerings, and private placements. Senior Online Editor of Forbes, Hill is a privacy pragmatist with an interest in the intersection of law, technology, social media, and personal information. Former editor of Above the Law, she has been following the Bitcoin story from the start, and will be releasing an e-book documenting Bitcoin's rise later this year. Special thanks to our sponsor, Clio.

In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite Allen Pusey and Molly McDonough of the ABA Journal to recap the past year’s legal news. Consider this a crash course on news stories such as Edward Snowden, gun control, and Obamacare. The discussion will not only cover the top stories of the year but also find the common themes in this year’s news and foretell what to keep an eye on in 2014. Pusey has been with the ABA Journal since 2007 and was named editor and publisher in 2011. Prior to the ABA Journal, he worked for 26 years at the Dallas Morning News as an investigative reporter, feature writer, special projects editor, and U.S. Supreme Court correspondent. McDonough is the deputy managing editor of the ABA Journal. She currently oversees online operations and special projects, including the Legal Rebels series and the annual Blawg 100. Molly has covered the courts and the legal profession for more than 20 years. She has been a reporter and editor for the National Law Journal, as well as a reporter for many other news sources. Special thanks to our sponsor, Clio.

News of Amazon’s plans to use delivery drones surprised many, but the fact is that a number of companies are developing drones for commercial uses. However, before any of these commercial drones can take flight, they need to clear a series of legal hurdles, from winning FAA approval to sorting out liability and privacy issues. In this edition of Lawyer2Lawyer, host Bob Ambrogi invites industry lawyer Ben Gielow and Above the Law editor Elie Mystal to discuss the legal issues facing commercial drones and how they are likely to play out. Ben Gielow is the government relations manager and general counsel for the advocacy sector of the Association of Unmanned Vehicle Systems International. He has been featured in interviews covering the concept of commercial drones since the beginning regarding what legislation and other requirements are necessary for us to see commercial drones in our airways. Elie Mystal is the editor of Above the Law. A graduate of Harvard Law School, he left his life as a litigator to pursue a career as an online provocateur. He has written editorials for The New York Daily News, The New York Times, and appeared on MSNBC and Fox News. Special thanks to our sponsor, Clio.

This landmark case, involving Google’s digitization project of scanning 20-million books to make them searchable through the Internet, was decided in favor of Google. “In my mind, this is a fair-use case that we will never see again,” Andrew Albanese, senior writer for Publisher’s Weekly, said, declaring the case a benchmark for future decisions. It was ruled that Google met the requirements of fair use and all four factors in defense of copyright infringement. In this edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams chat with Andrew Albanese about the case, whether this constitutes transformative use, and what this case means for the online-media industry as a whole. Andrew Albanese has been covering Google vs. Authors Guild since it’s inception in 2005. As senior writer for Publishers Weekly, he focuses on copyright wars and how the Internet is changing protected works. His book, The Battle of $9.99: How Apple, Amazon and the “Big Six” Publishers Changed the E-Book Business Overnight, covered the Apple price-fixing case and the introduction of e-books to society. Special thanks to our sponsor, Clio.

“It’s impossible to figure out exactly what the judge did wrong,” University of Pennsylvania Law Professor Kermit Roosevelt says, discussing Federal District Court Judge Shira Scheindlin’s removal from Floyd, et al. v. The City of New York, known as the “stop-and-frisk” case. The 2nd U.S. Circuit Court of Appeals ruled the Judge “ran afoul” of the Code of Conduct for United States Judges given her participation in media interviews and by making public statements about the “stop and frisk” case. The 2nd Circuit’s ruling did not provide further detail or examples. In this edition of Lawyer2Lawyer, your host J. Craig Williams invites Roosevelt to discuss Scheindlin’s removal, whether this action is a question of judge’s first amendment rights, and the possible outcomes of her appeal. Roosevelt is a professor at the University of Pennsylvania Law School. Working in a diverse range of fields, he focuses in constitutional law and conflict law. Professor Roosevelt was recently a part of a New York Times Room for Debate, discussing Scheindlin’s removal and what restrictions should be placed on judges. He has also served as a law clerk to Supreme Court Associate Justice David H. Souter and D.C. Circuit Court Judge Stephen F. Williams.

Several email providers across the nation have chosen to shut down in reaction to the government subpoena of Lavabit's data. Ladar Levison, CEO of secure email provider Lavabit, chose to end operations after the government requested the company's SSL keys, which would grant access to more than 400,000 users' emails. Levison challenged the subpoenas under the fourth amendment and organizations including the ACLU and EFF have filed amicus briefs on behalf of Lavabit but at this juncture, the security of secure email is unknown. In this edition of Lawyer2Lawyer hosts Bob Ambrogi and J. Craig Williams invite Attorney Jesse R. Binnall, Levison's counsel, to discuss the case, what it means for all secure email providers, and how it affects lawyers' responsibility for protecting their clients' digital information. Jesse R. Binnall is a partner of Bronley and Binnall, PLLC. His practice areas include civil litigation, small business and non-profit law, commercial lease disputes, appellate litigation, and election law. He has litigated cases in some of the busiest and most respected courts in the nation, including the United States District Court for the Eastern District of Virginia and the Fairfax County Circuit Court. He also maintains an active appellate practice. Special thanks to our sponsor, Clio.

Cross-examination is a skill that every trial lawyer hopes to master, but few do. In the new book, Excellence in Cross Examination, published by Thomson Reuters, two giants of the trial bar, F. Lee Bailey and Judge Kenneth J. Fishman, share their insights and lessons on how to excel in cross-examination. In this edition of Lawyer2Lawyer, host Bob Ambrogi invites Bailey and Fishman to discuss their newest book and the key skills lawyers need to be effective in cross. Having represented high-profile names such as O.J. Simpson, Dr. Sam Sheppard, and Captain Ernest Medina, F. Lee Bailey is known for his successful career as a trial lawyer in criminal and civil cases. He has been a licensed attorney for more than 50 years, authored and co-authored 21 books, and is a licensed private investigator. In addition to his legal career, he has worked as a designated naval aviator with the U.S. Marine Corps. The Honorable Kenneth J. Fishman was a practicing attorney for nearly 30 years before he moved to the bench. This marks his tenth year as an associate justice for the Massachusetts Superior Court. A former law partner with Bailey, he is a frequent speaker and lecturer for the Massachusetts Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, and The Massachusetts Bar Institute. Special thanks to our sponsor, Clio.

We saw a number of high-profile cases in the last Supreme Court term. With the nation currently alert to gay rights and Obamacare, some say this new term has fallen under the radar. But take note – as the spotlight shifts to campaign finance laws, free speech, and the president’s power to make recess appointments – the upcoming docket could have some monumental decisions in store. On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams invite the editor of the SCOTUSblog Amy Howe and LA Times Supreme Court correspondent David Savage to discuss the new term. • Amy Howe has been with SCOTUSblog since 2003. She has served as counsel in over two dozen merits cases at the Supreme Court and has argued two cases there. Howe has also co-taught Supreme Court litigation courses at Stanford and Harvard law schools. • David Savage has been covering the court for nearly three decades. In addition to his work with the LA Times, he also writes a monthly column for the ABA Journal and is regularly featured on NPR’s Talk of the Nation. In 1992 he published Turning Right: The Making of the Rehnquist Supreme Court, outlining the efforts of the Reagan and first Bush administrations to remake the high court. Special thanks to our sponsor, Clio.

The New Jersey State Appeals Court recently ruled that texting someone while that person is driving may cause the sender to be liable if an accident occurs. Supporting arguments say those texting drivers are “virtually present” at the accident. This potential liability affects the distribution of responsibility amongst drivers when a collision occurs. On this edition of Lawyer2Lawyer, your hosts Bob Ambrogi and J. Craig Williams invite Attorneys Ted Frank and Marc Saperstein to the discuss the case ruling, whether this advisory ruling will effectively prevent distracted driving, if it’s a fair allocation of responsibility, and more. • New Jersey Attorney Marc Saperstein is a founding member of Davis, Saperstein, and Solomon and a part of the New Jersey Association for Justice. He regularly lectures to fellow lawyers on current case law, class actions, and injury law. Saperstein has a special interest in distracted driving education and prevention. • Manhattan Institute Attorney Ted Frank is the founder and president of Center for Class Action Fairness. He has written law reviews for The Washington Post, The Washington Journal, and The American Spectator. Frank is also on the executive committee of the Federalist Society Litigation Practice Group. Thanks to our sponsor, Clio.

On this edition of Lawyer2Lawyer, your host J. Craig Williams speaks with Dr. Shana Alex Lavarreda and David Cusano, Esq., two health-insurance industry professionals, on the implementation of the Essential Health Benefits within the Affordable Care Act, a.k.a. ObamaCare. There are ten Essential Health Benefits that all states are required to include, but the missing element is the lack of definitions for these benefits – which leaves us all wondering how to confirm the 50 states are correctly implementing them. • Dr. Shana Alex Lavarreda is the director of health insurance studies for the UCLA Center for Health Policy Research. Her research focuses on discontinuous health insurance, under insurance, as well as the political issues surrounding healthcare reform, at the state and federal level. • David Cusano, Esq., works in Georgetown’s State Health Reform Assistance Network to provide technical assistance to state officials on implementing the Essential Health Benefits and the Affordable Care Act. He has previously worked as in-house counsel for insurance providers where he advised them on how to implement the ACA’s new requirements and on their day-to-day health care plan operations.

On this edition of Lawyer2Lawyer, Bob Ambrogi speaks with Sunita Patel of the Constitutional Center for Human Rights and Heather Mac Donald of the Manhattan Institute for Policy Research on Judge Scheindlin's recent ruling, Floyd vs. City of New York, which deemed the NYPD’s use of the stop-and-frisk policy unconstitutional. • Sunita Patel, an attorney for the Center for Constitutional Rights, litigates racial profiling, immigrant justice, and other human rights issues. She represents the named plaintiffs in the Floyd class action, four minority men who argued that the stop-and-frisk law was being upheld unconstitutionally and caused indirect racial profiling. The case was filed by the CCR. • Heather Mac Donald is a John M. Olin fellow at the Manhattan Institute and a contributing editor at the City Journal. She covers a number of topics including immigration, policing and racial profiling, and the New York courts. She has been featured in numerous publications regarding why the stop-and-frisk ruling will increase New York crime. Tune in to hear Patel and Mac Donald’s opinions on the stop-and-frisk policy and how it affects crime rates, what the ruling means for the NYPD and similar policies nationwide, and if they think stop and frisk can be carried out constitutionally. A special thanks to our sponsor, Clio.

On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams speak with ABA President James Silkenat, on his first day in office, about his goals and initiatives for the ABA agenda. James Silkenat has been working in international law for more than forty years. He joined the ABA’s first delegation to China in the mid-1970s and since then has chaired the International Law Section. He is a member of the Council on Foreign Relations and of the American Law Institute, and has served as a Fellow in the U.S. State Department Scholar/Diplomat Program. As well as numerous other positions in and outside of the ABA, he will now serve as the president of the nation’s largest legal organization. Silkenat will discuss his major platform goals for his presidency, including the legal education financing system and student debt, a legal job corps, the ABA’s stance on gun violence, and more. Special thanks to our sponsor, Clio.

If it’s not legally a human, it’s a thing. But animal rights advocates argue these alternatives fail to recognize that there are many cognitively complex species who deserve to be treated as people. The Nonhuman Rights Project is planning to file a writ of habeas corpus on behalf of a chimp to grant her the right to bodily liberty. This will release her from the cage she is currently living in, and the project will have her admitted into a cageless sanctuary. Steven M. Wise, president of The Nonhuman Rights Project, has been researching and planning this case for 20 years. Steven M. Wise has been practicing animal protection law nationwide for for the past 30 years. He was the first professor to teach animal law at Harvard University and is still teaching animal law courses all over the world. He has published four books on the matter, including Rattling the Cage – Toward Legal Rights for Animals. On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Wise about the case to grant a chimp the right to bodily liberty and The Nonhuman Rights Project’s long-term plans for animal rights Special thanks to our sponsor, Clio.

With the Supreme Court’s Prop 8 and DOMA rulings, same-sex marriage is now legal in California and same-sex married couples can receive federal benefits across the nation. These landmark decisions for gay rights have sparked the question: is nationwide marriage equality on the way? On this edition of Lawyer2Lawyer, hosts Bob Ambrogi and J. Craig Williams will talk with Constitutional Law Professors Mark Tushnet and William Eskridge about what the history of both the gay rights and the civil rights movements have to say for the future of gay rights in America. • Harvard Law Professor Mark Tushnet specializes in constitutional law and theory, with a focus in examining the practice of judicial review in the U.S. and worldwide. He has served as a law clerk to Justice Thurgood Marshall. Currently, his focus is in constitutional history and the development of civil liberties. He is known for his critical and controversial analysis of Supreme Court rulings, including Brown v. The Board of Education and Roe v. Wade. • William Eskridge, Yale Law Professor, focuses in statutory interpretation. He represented a same-sex-married couple from 1990-1995 who sued for recognition of their marriage and has published many books covering the political framework of gay rights. The historical component of his book GayLaw was the basis of an amicus brief he drafted for the Cato Institute and for much of the Court’s (and dissenting opinion’s) analysis in Lawrence vs. Texas, the decision which made same-sex sexual activity legal in every U.S. state. These law professors will provide unique insight to the future of gay rights through their knowledge and experience with Supreme Court rulings and civil liberties movements. Thanks to our sponsor, Clio.

On this episode of Lawyer2Lawyer, J. Craig Williams chats with Entertainment Lawyer Michael Baroni and superhero-law expert James Daily about the ending of The Dark Knight Rises. Proceed with caution – there are spoilers ahead! The city of Gotham sees Batman die at the end of the film. Does that mean that Bruce Wayne is legally dead, as well? And if so, who gets the batmobiles? Legally speaking, Warner Brothers’ design patent on the batmobile will run out, as will their patent on the story. Will another company fill the role and bring back Batman? • Baroni has been watching the Batman films since he was a kid and continues to be an enthusiast. Batman fan by night, he works as general counsel for Palace Entertainment by day. He is also a member of the Orange County Bar Association. • Daily is co-author of the book The Law of Superheroes and the blog Law and Multiverse. Both publications discuss the hypothetical legal ramifications behind comic book characters and their powers. When James isn’t meticulously analyzing the law of comic books and characters, he works in intellectual property and patent law. Tune in for, what Baroni describes as, the perfect “legal cocktail chatter” on the legalities behind Batman’s death, what he left behind, and the chances of a resurrection of one of America’s most beloved comic-book characters. Special thanks to our sponsor, Clio.

Personal Audio’s founder Jim Logan created and patented an idea which, in his eyes, covers the concept of podcasting. “This is the story of the American inventor,” Richard Baker, Personal Audio’s vice president of licensing, says. Personal Audio has filed lawsuits against several podcasters and media companies, claiming patent infringement by popular programs such as NBC’s The Adam Carolla Show and by CBS for its podcast distribution of multiple shows including The Voice and Meet the Press. On the other side, The Electronic Frontier Foundation (EFF) has spearheaded a campaign dubbed “Save Podcasting!” to rescind Personal Audio’s patent. EFF’s goal is to revoke Personal Audio’s right to compensation from any podcast program. Daniel Nazer, a staff attorney working on the campaign, represents EFF on the program. On this edition of Lawyer2Lawyer Bob Ambrogi and J. Craig Williams talk with Richard Baker and Brad Liddle, Personal Audio’s president of licensing, and Daniel Nazer of EFF to hear their thoughts on what defines a patent troll, the specifics behind the cases, and more. Special thanks to our sponsor, Clio.

On this episode of Lawyer2Lawyer, Bob Ambrogi and Craig Williams invite California Judge James Mize to discuss his first-of-its-kind idea to address the heavy congestion of divorce cases in Sacramento’s family court: The One-Day Divorce Program. This allows couples, who meet the specified requirements, to participate in an expedited divorce process that finalizes the separation in just one day. This program aims to serve couples who can’t afford a divorce lawyer. According to Judge Mize, 72% of family law litigants in California don’t have representation. Judge Mize began his career with an undergraduate degree in psychology, followed by graduate work at the School of Social Welfare where he earned his Master of Social Work. He found his work in social issues to be a defining part of his 26 years working as an attorney, and his current work on the bench. He has served as the presiding judge of the Sacramento Superior Court and is currently the supervising judge of Sacramento’s Family Court. Judge Mize is best known for his civil reform efforts which have garnered him several honors including the California Judge Association’s Alba Witkin Humanitarian Award and Sacramento County Bar Association’s Judge of the Year Award. Tune into to hear about the inner workings of the new one-day divorce program, who qualifies, how it’s run, and more.

On this edition of Lawyer2Lawyer host Bob Ambrogi discusses private prisons with Susan Herman, president of the American Civil Liberties Union (ACLU), and Adrian Moore, vice president of the Reason Foundation, a non-profit in support of libertarian principles and privatization. Susan Herman was elected president of the ACLU in October 2008. As Centennial Professor of Law at Brooklyn Law School, she teaches courses in the area of Criminal Law and Procedure and Constitutional Law. The ACLU has been studying and protesting against private prisons as a for-profit business for decades. Dr. Adrian Moore is vice president of policy at the Reason Foundation. He has conducted studies, written publications and scholarly articles on the privatization of prisons and how they yield quality corrections at a lower cost. He has served on boards and commissions developing or overseeing privatization at the federal, state, and local level. Tune in to hear Herman and Moore debate and discuss the colossal incarceration rate, the profit motives of private prisons, the politics behind it all, and the impact on prisoners’ rights. Special Thanks to our sponsor, Clio.

Dzhokhar Tsarnaev, the surviving brother of the accused for the Boston marathon bombings, has become a face of the media lately. His prosecution and potential sentence raises many questions for both the public and the legal world. Attorneys and co-hosts Craig Williams and Bob Ambrogi join Attorney Jack Cunha and Professor Douglas Berman to discuss the prosecution and trial of the suspect. • Jack Cunha, of Cunha & Holcomb, is a practicing criminal attorney based in Boston, Massachusetts. A former instructor at Suffolk and Harvard Law Schools, Cunha lectures nationally for various associations and schools such as The National Association of Criminal Defense Attorneys, Harvard Law, and CLE Programs mainly on criminal defense. • Douglas Berman, Professor of Law at The Ohio State University’s Moritz College of Law, has taught a myriad of courses at Ohio State including criminal law, criminal punishment and sentencing, and the death penalty. He is co-author of a casebook, Sentencing Law and Policy: Cases, Statutes, and Guidelines. He also writes a popular blog titled Sentencing Law and Policy. Tune in to hear what these experienced professionals have to say as they answer questions such as: Although Massachusetts outlawed the death penalty in 1984, will prosecutors use federal law to seek the death penalty for Tsarnaev? Will the fact that the suspect is only 19 call for mitigation? and more.

We started Lawyer2Lawyer back in August of 2005 with the idea of providing quality content and discussion of timely legal news and information for the legal profession with regularly published podcasts and often videos too. Since our inception, we have set the precedent for legal podcasting in numbers of listeners globally, but more importantly, we’ve been one of the leaders in great content - our priority over the past 7 years. On this final edition of Lawyer2Lawyer, hosts Bob Ambrogi and Craig Williams, talk about their personal experiences over the years with this legal podcast.

The New England Compounding Center (NECC) shipped out tainted steroid shots to 23 states in what authorities believe resulted in a national fungal meningitis outbreak. Lawyer2Lawyer host Craig Williams chats with Attorney Michael F. Barrett, a personal injury attorney from the firm, Saltz Mongeluzzi Barrett & Bendesky, PC and Glenn Cohen, Assistant Professor of Law and Co-Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, about the litigation stemming from this meningitis scare, the role of the FDA and CDC and regulation.

On November 6, 2012, Proposition 34 will be one of the initiatives on the ballot in the state of California. If approved, Prop 34 will eliminate the death penalty in California and replace it with life imprisonment without the possibility of parole. Lawyer2Lawyer host Craig Williams joins Attorney Donald H. Heller to discuss Proposition 34, support and opposition and ultimately the impact on our prison and justice system.

What is it like to defend one of America’s most infamous serial killers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join retired judge and lawyer, Sam L. Amirante, and retired lawyer, Daniel J. Broderick, to discuss their new book, John Wayne Gacy: Defending a Monster, and the constitutional right to a defense.

On November 6, 2012, people across the States will cast their vote for President. Whatever the outcome, it will influence our justice system. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Kenneth L. Manning, a professor of political science at the University of Massachusetts at Dartmouth and Professor Carl Tobias from the University of Richmond School of Law, to discuss everything from diversity in the courts, Supreme Court vacancies and obstruction and the impact on the justice system.

Back on September 16, 2011, President Obama signed the America Invents Act (AIA) into law, vastly changing the core of the patent system and patent law. Now, a year later, some of the key provisions are going into effect. Lawyer2Lawyer host Bob Ambrogi talks with Attorney Matthew I. Kreeger, the Co-Chair of Morrison Foerster’s Patent Interferences Practice Group and Dennis Crouch, Associate Professor of Law at the University of Missouri School of Law and editor of Patently-O, about the implementation of some of the most important provisions of the America Invents Act and their impact.

Civility is a skill in the management of differences, disagreements and conflict and is good for the law profession. So how essential is civility to the legal profession? And is it practiced well by lawyers? Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dick A. Semerdjian from the firm Schwartz Semerdjian Ballard & Cauley LLP and chair of the ABA Tort Trial and Insurance Practice Section (TIPS), to discuss the status of civility in the legal profession.

Some law enforcement agencies, like the Los Angeles Police Department, are turning to crime prediction software to aid in decreasing the rising crime rate, better known as predictive policing. Weighing the advantages of these programs to reduce crime raises questions about racial profiling within specific neighborhoods and our civil liberties. Lawyer2Lawyer hosts Bob Ambrogi and Craig Williams join Dr. Jeff Brantingham, co-founder of the company, PredPol and Professor Andrew G. Ferguson from the University of the District of Columbia David A. Clarke School of Law, as they look at the legal issues surrounding predictive policing.

On the longest continually produced legal podcast, Lawyer2Lawyer hosts Bob Ambrogi and J.Craig Williams share their experiences with great guests and insightful legal topics - some serious and some not so serious. And hear a behind the scenes special interview.

Lawyers are very often the brunt of jokes, but there is a group of attorneys that has turned the tables and is making people laugh with them instead of at them. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, share the stage with two of the Comedians At Law. Alex Barnett and Matt Ritter explain how they transitioned from lawyers to comics and how they now make people laugh at the lighter side of the law.

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Before 2006, not a single US state required voters to show identification before marking a ballot. But now, 30 states have enacted some sort of voter identification law. Are these laws necessary to prevent voter fraud or are laws being passed to discourage low income groups, the elderly and minorities from voting? Lawyer2Lawyer co-host and attorney, Craig Williams, joins Professor Richard L. Hasen, from the University of California, Irvine and Wendy Weiser, Director of the Democracy Program at the Brennan Center for Justice at NYU School of Law, to talk voter ID laws in battleground states, voter purges and the potential impact on the upcoming election.

The Aurora, Colorado movie theater massacre left 12 people dead and 58 wounded. The latest mass shooting in America brings up many legal issues on a national scale, including gun control, the insanity defense, liability and the death penalty. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, analyze the legal arguments of this case with Professor Adam Winkler from UCLA School of Law and Professor Daniel Filler from the Earle Mack School of Law at Drexel University.

Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

From "tweets" to Facebook status updates, social media has taken over how we communicate with the outside world. It has also become a large part of our legal system. Social media is now considered key evidence in both criminal cases and civil lawsuits. Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi examine the surge in social media-based evidence and claims in litigation, as well as the importance of educating attorneys on the ins and outs of social media with Attorney Antigone Peyton, Founder and CEO of Cloudigy® Law, PLLC and Attorney Ernest Svenson, solo attorney and blogger.

After one of the most historic United States Supreme Court sessions in years, emotions ran high and charges of radicalism ran amuck as the Justices handed down rulings on immigration enforcement, national healthcare, campaign finance law, stolen valor and more. But in the end, did SCOTUS simply uphold the law of the land? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the legal facts behind the decisions from New York University School of Law Professor Roderick Hills, Jr. and Temple University Beasley School of Law Professor Jan Ting.