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  • The Supreme Court has taken up three cases that arise out of litigants seeking accountability for the violent events of January 6th. This month, the Court will hear arguments on former president Trump's presidential immunity claim and take a look at whether the law used to prosecute many January 6th participants was validly applied in one such prosecution. Lindsay Langholz speaks with Donald Sherman of CREW about what the Court's decision in Trump v. Anderson, the ballot disqualification case, means for this ongoing pursuit of accountability.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program

    Guest: Donald Sherman, Executive Vice President and Chief Counsel, CREW

    Link: American Historians' Brief

    Link: Childrens' Rights Legal Scholars and Advocates Brief

    Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREW

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  • Artificial Intelligence has the potential to affect how work is performed across industries and, in particular, within media and entertainment. Elizabeth Binczik speaks with Sarah Fowler of SAG-AFTRA to get her thoughts on how AI could impact performers’ work, the current state of the law, and how we might protect performers and people in general from AI’s risks without sacrificing AI’s benefits.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACS

    Guest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)

    Link: Human Artistry Campaign

    Link: CES Tech Talk: SAG-AFTRA Strike's Impact on AI and Hollywood's Future

    Link: "Senators draft policy aimed at deep fakes of Drake, Tom Hanks and noncelebrities" by Brian Contreras

    Visit the Podcast Website: Broken Law Podcast

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  • International Women's Day will be celebrated on March 8th. It is a day to celebrate while also taking stock of women's rights here in the United States and abroad. This year, we see a number of countries making significant strides toward reproductive freedom for women while the United States slides backwards. Lindsay Langholz speaks with Julie Suk, author of "After Misogyny: How the Law Fails Women and What to Do About It," about how misogyny informs our legal system and our social structures.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program

    Guest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of Law

    Link: After Misogyny: How the Law Fails Women and What to Do About It by Julie Suk

    Link: "French Senate votes to enshrine abortion in constitution, a world first" by Karla Adam

    Link: "Ireland kickstarts vote on constitution's wording about women and family" by Rory Carroll

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  • Under the banner of "40 acres and a mule," the movement for reparations for slavery and Jim Crow has gained momentum in recent years, with diverse efforts underway from big states like California and New York to smaller communities like Evanston, Illinois and Asheville, North Carolina. Marcus Hunter, author of the recently published "Radical Reparations: Healing the Soul of a Nation" explains to Taonga Leslie why economic compensation alone will not be sufficient to heal the scar of anti-Black racism and explains the six other forms of compensation that will be necessary to bring about true justice.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Taonga Leslie

    Guest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLA

    Link: Radical Reparations: Healing the Soul of a Nation by Marcus Hunter

    Link: The Case for Reparations by Ta-Nehisi Coates

    Link: 40 Acres and a Mule

    Visit the Podcast Website: Broken Law Podcast

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  • The Electoral College has shown significant flaws since its inception. Twice in the 21st Century, the national popular vote winner has not ultimately been elected President. The undemocratic nature of the institution has many asking why our system is built the way it is and what can be done to fix it. In this follow-up to Episode 137 ("Is the ECA Prepared for 2024?"), Lindsay Langholz speaks with Professor Alexander Keyssar about how the Founders designed the process by which we elect presidents, the problems encountered along the way, and the many, many attempts at reform.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program

    Guest: Alexander Keyssar, Harvard Kennedy School

    Link: Why Do We Still Have the Electoral College? by Alexander Keyssar

    Link: Why the Electoral College is Bad for America by George C. Edwards III

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  • The Supreme Court recently heard oral arguments in Loper Bright Enterprises and Relentless, Inc., two cases that could see the Court overrule the Chevron doctrine, a 40-year-old precedent. Overruling Chevron could empower courts to redesign federal governance as we know it. Elizabeth Binczik speaks with Professor Andrew Mergen about what happened at the oral arguments, about the Chevron doctrine, and the sweeping consequences that could unfold if the Court opts to overrule it.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic Justice

    Guest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law

    Link: SCOTUS Oral Argument in Relentless, Inc. v. Department of Commerce

    Link: SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. Raimondo

    Link: Yale Journal of Regulation

    Visit the Podcast Website: Broken Law Podcast

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  • The U.S. Supreme Court recently heard oral argument in the second of two big immigration cases this term. On this episode, Jeanne Hruska speaks with Taonga Leslie about the Supreme Court's track record on immigration, takeaways from the oral arguments in the relevant cases this term, and the potential impact on access to justice depending on how the Court rules.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

    Guest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

    Link: Oral Argument in Campos-Chaves v. Garland

    Link: Oral Argument in Wilkinson v. Garland

    Link: "Beyond Crisis Narratives," by Monika Y. Langarica

    Visit the Podcast Website: Broken Law Podcast

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  • Welcome to 2024! We are covering two topics poised to shape the new year. First, Jeanne Hruska catches up with Lindsay Langholz for the latest developments in efforts to keep Donald Trump off the ballot in various states and whether SCOTUS will finally step in. Jeanne then speaks with ACS President Russ Feingold to discuss where President Biden is on judicial appointments at the end of three years and the challenge for the Senate to confirm 70 judges in 12 months.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

    Guest: Lindsay Langholz, ACS Sr Director of Policy and Program

    Guest: Russ Feingold, ACS President

    Link: "To Do List for 2024: 70 Judges in 12 Months" by Russ Feingold

    Link: "Red Courts, Blue Courts," by Mark A. Lemley

    Link: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam Liptak

    Visit the Podcast Website: Broken Law Podcast

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  • The Electoral Count Act (ECA) played a prominent role in the legal fictions clung to by those who orchestrated the January 6th Insurrection. With another presidential election before us, Lindsay Langholz joins Jeanne Hruska to discuss the updates made to the ECA since 2021 and whether we should have faith in the ECA this election cycle. They also recap end-of-year SCOTUS news.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

    Guest: Lindsay Langholz, ACS Sr Director of Policy and Program

    Link: "Court won’t expedite ruling on Trump’s immunity claim," by Robert Barnes

    Link: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just Security

    Link: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy Howe

    Visit the Podcast Website: Broken Law Podcast

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  • With 2023 nearly over, Craig Mastantuono and Neal Sarkar join Jeanne Hruska to discuss the good, the bad, and the terrifying from the past year and to look ahead to the mammoth year that is 2024. Craig and Neal also share the biggest 2023 takeaways from their respective states: Wisconsin and Texas.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska , ACS Sr Advisor for Communications and Strategy

    Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas

    Guest: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney

    Link: Support ACS

    Link: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott Bauer

    Link: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration Law

    Visit the Podcast Website: Broken Law Podcast

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  • After a hot labor summer, we've continued to see positive developments on the labor front. On this episode, Elizabeth Binczik speaks with Professor Catherine Fisk about the combination of labor wins this year and what 2023 could mean for labor moving forward. They review the deals struck to end the Hollywood strikes and the ingenuity of the United Auto Worker strikes.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice

    Guest: Catherine Fisk, Professor of Law, Berkeley Law

    Link: "U.A.W. Announces Drive to Organize Nonunion Plants," by Neal E. Boudette

    Link: "Actors and studios make a deal to end Hollywood strikes," by Mandalit del Barco

    Visit the Podcast Website: Broken Law Podcast

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  • Two topics for the price of one episode. Jeanne Hruska is joined by Professor Mark Lemley for a discussion on his recent article, “Red Courts, Blue Courts,” which explains how administrations are increasingly prioritizing district court vacancies in states that align with their party and the resulting consequences. In the second half of the episode, they delve into AI and the question of whether AI-generated content is protected by the First Amendment.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

    Guest: Mark A. Lemley, William H. Neukom Professor of Law, Stanford Law School

    Link: "Red Courts, Blue Courts," by Mark A. Lemley

    Link: "Freedom of Speech and AI Output," by Eugene Volokh, Mark A. Lemley and Peter Henderson

    Link: Senate Roll Call Data on President Biden's appointed judges

    Visit the Podcast Website: Broken Law Podcast

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  • There's been much conversation about Section 3 of the 14th Amendment and whether it can be used to keep people who engaged in the January 6th insurrection off the ballot. Lindsay Langholz speaks with Donald Sherman and Nikhel Sus from CREW about their lawsuit aimed at keeping Donald Trump off the ballot in Colorado. They discuss the ruling of the trial court and look ahead to the December 6th oral argument before the Colorado Supreme Court.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program

    Guest: Donald Sherman, Senior Vice President and Chief Counsel, CREW

    Guest: Nikhel Sus, Director of Strategic Litigation, CREW

    Link: CREW's Colorado lawsuit enforcing Donald Trump’s constitutional disqualification

    Link: "Why are U.S. courts afraid of the 14th Amendment? Because it’s radical," by Sherrilyn Ifill

    Visit the Podcast Website: Broken Law Podcast

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  • The U.S. Supreme Court recently published a "Code of Conduct," signed by all nine justices. Jeanne Hruska catches up with Russ Feingold, ACS President, to discuss how much weight, if any, to give this new Code. They also discuss the latest on judicial confirmations and look ahead to how voters can engage on the courts come election time.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

    Guest: Russ Feingold, ACS President

    Link: "The Supreme Court Still Needs a Binding Code of Ethics," by Russ Feingold

    Link: SCOTUS Code of Conduct

    Link: "Red Courts, Blue Courts," by Mark Lemley

    Link: ACS Poll Worker Pledge

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  • Since the U.S. Supreme Court largely outlawed affirmative action in higher education earlier this year, there's been discussion about what the decision could mean for the future of DEI practices in employment. Taonga Leslie speaks with Marcus Childress about the chilling effect that SFFA v. Harvard has had and how employers can continue to advance DEI in the wake of the decision.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

    Guest: Marcus Childress, Special Counsel, Jenner & Block

    Link: Supreme Court decision in SFFA v. Harvard

    Link: Report and Recommendations of the New York State Bar Association Task Force on Advancing Diversity

    Link: Video of ACS's program, "Advancing Diversity, Equity, and Inclusion at Work in the Wake of SFFA"

    Visit the Podcast Website: Broken Law Podcast

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  • The U.S. Supreme Court has an opportunity to rein in its disastrous 2nd Amendment decision in NYSRPA v. Bruen this term, or make it that much harder for states to prevent gun violence. Christopher Wright Durocher speaks with Esther Sanchez-Gomez (Giffords Law Center) about takeaways from the Court's oral argument in U.S. v. Rahimi and how the Court could clean up its own mess when it comes to guns.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program

    Guest: Esther Sanchez-Gomez, Litigation Director, Giffords Law Center

    Link: Supreme Court Oral Argument in US v. Rahimi

    Link: GIFFORDS Law Center Amicus Brief in United States v. Rahimi

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  • One year out from the 2024 election, Lindsay Langholz checks in with Jessica Huseman from VoteBeat about the election issues that are consuming her attention and could shape the 2024 election space, including the growing obsession with hand counting ballots and the odd steps certain states are taking to "update" their voter registration lists.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Lindsay Langholz , ACS Sr Director of Policy and Program

    Guest: Jessica Huseman, Editorial Director, VoteBeat

    Link: "The drive to hand count ballots is growing. The GOP could stop it," by Jessica Huseman

    Link: "Where an Obsession With Election Integrity Can Lead," by Jessica Huseman

    Link: Take the ACS Pledge: Become a Poll Worker

    Visit the Podcast Website: Broken Law Podcast

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  • As state judicial elections become more and more expensive, it's worth asking whether campaign funding impacts judicial decision making. On this episode, Jeanne Hruska speaks with Michael Kang and Joanna Shepherd about their new book, "Free to Judge: The Power of Campaign Money in Judicial Elections." According to Kang and Shepherd, “campaign money profoundly affects how judges do their jobs.”

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

    Guest: Michael S. Kang, Class of 1940 Professor, Northwestern Pritzker School of Law

    Guest: Joanna M. Shepherd, Thomas Simmons Professor of Law, Emory University School of Law

    Link: "Free to Judge: The Power of Campaign Money in Judicial Elections," by Michael Kang and Joanna Shepherd

    Visit the Podcast Website: Broken Law Podcast

    Email the Show: [email protected]

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  • An increasing number of state court judges and justices are being targeted by state officials for not advancing their interests. On this episode, Taonga Leslie speaks with Dawn Blagrove (Emancipate NC) about how Justice Anita Earls, the only Black justice on the North Carolina Supreme Court, is being targeted for factual remarks she made about the lack of diversity on the NC judiciary. They discuss why the situation in North Carolina should concern everyone who cares about judicial independence and achieving a judiciary that reflects the diversity of the public it serves.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Taonga Leslie, ACS Director of Policy and Program for Racial Justice

    Guest: Dawn Blagrove, Executive Director, Emancipate NC

    Link: "State Republicans Try to Remove Top Jurist for Mentioning the Existence of Racial Bias," by BILLY CORRIHER

    Link: "Civil rights advocates defend a North Carolina court justice suing over a probe for speaking out," by Gary D. Robertson

    Co-host Name: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

    Visit the Podcast Website: Broken Law Podcast

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  • Recently, Dish Network became the first company to be fined by the Federal Communications Commission for littering in space. On this episode, Jeanne Hruska speaks with Professor Michelle Hanlon about why the fine was “a very big symbolic moment for debris mitigation,” and the challenges and urgency in regulating the increasing array of human-driven activities in space.

    Join the Progressive Legal Movement Today: ACSLaw.org

    Today's Host: Jeanne Hruska, ACS Sr Advisor for Communications and Strategy

    Guest: Michelle Hanlon, Professor of Practice and Executive Director, Center for Air and Space Law, University of Mississippi School of Law

    Link: "Who Cares What Happens to Bootprints on the Moon?" by Michelle Hanlon on TEDxUniversityofMississippi

    Link: "Why the first-ever space junk fine is such a big deal," by Jonathan O'Callaghan

    Link: NASA Spinoff

    Link: Space Law Quick Reference

    Visit the Podcast Website: Broken Law Podcast

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