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The University of Chicago Law School Faculty Podcast

Education
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Listen to lectures by—and discussions with—the University of Chicago Law School's eminent faculty, as well as some very special guests.

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Listen to lectures by—and discussions with—the University of Chicago Law School's eminent faculty, as well as some very special guests.

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Cover image of The University of Chicago Law School Faculty Podcast

The University of Chicago Law School Faculty Podcast

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Listen to lectures by—and discussions with—the University of Chicago Law School's eminent faculty, as well as some very special guests.

Top Episodes

Most Popular Episodes of The University of Chicago Law School Faculty Podcast

Rank #1: Laura ​Weinrib, ​“Labor, ​Lochner, ​and ​the ​First ​Amendment”

Oct 23 2015
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Laura Weinrib, Assistant ​Professor ​of ​Law ​and ​Herbert ​and ​Marjorie ​Fried ​Teaching ​Scholar, is a 2003 graduate of Harvard Law School. She completed her PhD in history at Princeton University in 2011. In 2000, she received an AB in literature and an AM in comparative literature from Harvard University. After law school, Weinrib clerked for Judge Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. From 2009 to 2010, she was a Samuel I. Golieb Fellow in Legal History at the New York University School of Law. Recorded October 5, 2015, as part of the Law School’s First Mondays luncheon series.

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Rank #2: Kurt Lash & Alan Gura, "Does the Fourteenth Amendment Protect Unenumerated Rights?"

Feb 03 2017
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Professor Lash graduated from Yale Law School and served as law clerk to the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. Afterward, he joined the University of Illinois from Loyola Law School Los Angeles, where he served as the James P. Bradley Chair of Constitutional Law. His recent book, The Lost History of the Ninth Amendment, was published in 2009 by Oxford University Press. Cambridge University Press will publish his second book, American Privileges and Immunities: Federalism, The Fourteenth Amendment and the Rights of American Citizenship. Alan Gura’s practice focuses primarily on constitutional law. Prior to founding Gura & Possessky, PLLC, Mr. Gura began his career by serving as a law clerk to the Honorable Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. Subsequently, as a Deputy Attorney General for the State of California, Mr. Gura defended the State of California and its employees from all manner of lawsuits, in state and federal courts, at trial and on appeal. Thereafter, Mr. Gura entered the private practice of law with the Washington, D.C. offices of Sidley & Austin. In February 2000, he left the firm to serve for a year as Counsel to the United States Senate Judiciary Committee, Subcommittee on Criminal Justice Oversight. Presented by the Federalist Society on January 25, 2017.

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Rank #3: Martha Nussbaum, "What Is Anger, and Why Should We Care?"

Feb 20 2014
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"Although everyone is familiar with the damage anger can do in both personal and public life, people tend to think that it is necessary for the pursuit of justice. People who don't get angry when they are wronged seem weird to many people, lacking spine and self-respect. And isn't it servile not to react with anger to great injustice, whether toward oneself or toward others? On the other hand, recent years have seen three noble and successful freedom movements conducted in a spirit of non-anger: those of Mohandas Gandhi, Martin Luther King, Jr., and Nelson Mandela -- surely people who stood up for their self-respect and that of others, and who did not acquiesce in injustice. My lecture argues that a close philosophical analysis of the emotion of anger can help us to see why it is fatally flawed from a normative viewpoint -- sometimes incoherent and sometimes based on bad values. In either case it is of dubious value in both life and the law. I'll present my general view, and then show its relevance to thinking well about the criminal law and about transformational justice." Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School. This talk was recorded January 14, 2014 as part of the Chicago's Best Ideas lecture series.

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Rank #4: Aaron Nielson, "The Past and Future of Deference: From Justice Scalia to Justice Gorsuch"

May 02 2017
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With commentary by Professor Daniel Hemel Professor Nielson is a law professor at Brigham Young University and teaches/writes in the areas of administrative law, civil procedure, federal courts, and antitrust. Before joining the faculty, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also has served as a law clerk to Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Nielson received his J.D. from Harvard Law School. Following graduation, he was awarded a Harvard Law School Post-Graduate Research Fellowship. Professor Nielson also received an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree from the University of Pennsylvania, majoring in economics and political science. Daniel Hemel’s research focuses on taxation, risk regulation, and innovation law. His current projects examine the effect of tax expenditures on inequality; the role of cost-benefit analysis in tax administration; and the use of tax incentives to encourage knowledge production. As an assistant professor at the University of Chicago Law School, he teaches tax, administrative law, and torts. Daniel graduated summa cum laude from Harvard College and received an M.Phil with distinction from Oxford University, where he was a Marshall Scholar. He then earned his J.D. from Yale Law School, where he was editor-in-chief of the Yale Law Journal. Prior to his appointment, he was a law clerk to Associate Justice Elena Kagan on the U.S. Supreme Court. He also clerked for Judge Michael Boudin on the U.S. Court of Appeals for the First Circuit and Judge Sri Srinivasan on the U.S. Court of Appeals for the District of Columbia Circuit, and served as visiting counsel at the Joint Committee on Taxation. Presented on April 26, 2017, by the Federalist Society.

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Rank #5: Gillian Thomas, "Title VII and Women in the Workplace"

Mar 07 2017
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Gillian Thomas, staff attorney at the ACLU Women's Rights Project, will discuss issues in her recently-published book, Because of Sex: One Law, Ten Cases, and Fifty Years about Title VII and its effects for women in the workplace. The book details ten important Supreme Court cases for women's equality, and spends as much time on the personal details as the legal ones for an extremely compelling read. As Title VII is one of the most important safeguards for women and helps ensure gender diversity in the workplace, we believe it will be a valuable addition to the Law School's Diversity Month. Presented on January 25, 2017, by If/When/How: Lawyering for Reproductive Justice, Labor and Employment Law Society, Public Interest Law Society, Employment Law Clinic, and Law Women's Caucus.

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Rank #6: Tracey L. Meares, "Police Reform and Public Security"

Dec 31 2015
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Keynote address for the University of Chicago Law School Legal Forum Symposium 2015: Policing the Police First published in 1985, the University of Chicago Legal Forum is the Law School’s second-oldest journal. The Legal Forum is a student-edited journal that focuses on a single cutting-edge legal issue every year, presenting an authoritative and timely approach to a particular topic. Tracey L. Meares is the Walton Hale Hamilton Professor of Law at Yale Law School Recorded on November 6, 2015. Also see the C-SPAN coverage: http://www.c-span.org/video/?400047-1/discussion-police-reform-public-security

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Rank #7: Martha Nussbaum, "Long Long Lives: Should We Want Them?"

May 13 2016
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Today, as our capacity to prolong life increases, people dispute whether indefinite prolongation could possibly be good. A leading bioethicist, Ezekiel Emanuel (brother of Rahm) has written that we should all want to die at 75! I'll approach this question by drawing on ancient Greek arguments about why immortal life is undesirable -- arguments that I find fatally flawed. I then turn to two more recent philosophers who try to reconcile us to finite and reasonably short mortal lives: "Younger Martha" (i.e. me in 1994), and my teacher Bernard Williams, who wrote about the "tedium of immortality." I find those consolatory arguments flawed too. But a better argument is found in the Roman philosopher Lucretius, and it applies to indefinite prolongation as well as to outright immortality. Martha Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics. Presented on April 5, 2016, at the University of Chicago Law School.

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Rank #8: Nicholas Stephanopoulos, "The South After Shelby County"

Feb 20 2014
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In Shelby County v. Holder, the Supreme Court dismantled one of the two pillars of the Voting Rights Act: Section 5, which had barred southern jurisdictions from changing their election laws unless they first received federal approval. The burning question now is what will happen to minority representation in the South in the absence of Section 5. In this talk, Prof. Stephanopoulos explores the differences between the defunct Section 5 and Section 2 of the VRA, which continues to apply nationwide. His sobering conclusion is that Section 2 provides substantially less protection with respect to both redistricting and franchise restrictions. The demise of Section 5 is therefore likely to reverse decades of progress for voting rights in the South. Nicholas Stephanopoulos is Assistant Professor of Law at the University of Chicago Law School. This Chicago's Best Ideas talk was recorded on November 13, 2013.

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Rank #9: Jonathan S. Masur, "The Behavioral Law & Economics of Happiness"

Feb 19 2018
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A central question in law and economics is how people will behave in the presence of legal rules. An essential part of that inquiry is what makes people happy or unhappy – what increases or decreases their “subjective well-being.” There is ample evidence that individuals make decisions based in part on what they believe will improve their well-being. In order to understand how legal rules will influence behavior, it is thus vital to understand how those rules will affect happiness. More generally, viewing law through a hedonic lens can help legal policymakers determine whether (or not) a given law or policy will be beneficial for the individuals affected by it. Jonathan S. Masur is John P. Wilson Professor of Law, David and Celia Hilliard Research Scholar, and Director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics. The 2018 Coase Lecture in Law and Economics was presented on February 6, 2018.

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Rank #10: A Conversation With Elena Kagan

Feb 11 2015
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In a conversation with David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, US Supreme Court Justice Elena Kagan reflects on decision-making, persuasion, and hunting with Scalia. This event took place on February 2, 2015, at the University of Chicago Law School.

Play Now

Rank #1: Laura ​Weinrib, ​“Labor, ​Lochner, ​and ​the ​First ​Amendment”

Podcast cover
Read more

Laura Weinrib, Assistant ​Professor ​of ​Law ​and ​Herbert ​and ​Marjorie ​Fried ​Teaching ​Scholar, is a 2003 graduate of Harvard Law School. She completed her PhD in history at Princeton University in 2011. In 2000, she received an AB in literature and an AM in comparative literature from Harvard University. After law school, Weinrib clerked for Judge Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. From 2009 to 2010, she was a Samuel I. Golieb Fellow in Legal History at the New York University School of Law. Recorded October 5, 2015, as part of the Law School’s First Mondays luncheon series.

Oct 23 2015
53 mins
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Rank #2: Kurt Lash & Alan Gura, "Does the Fourteenth Amendment Protect Unenumerated Rights?"

Podcast cover
Read more

Professor Lash graduated from Yale Law School and served as law clerk to the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. Afterward, he joined the University of Illinois from Loyola Law School Los Angeles, where he served as the James P. Bradley Chair of Constitutional Law. His recent book, The Lost History of the Ninth Amendment, was published in 2009 by Oxford University Press. Cambridge University Press will publish his second book, American Privileges and Immunities: Federalism, The Fourteenth Amendment and the Rights of American Citizenship. Alan Gura’s practice focuses primarily on constitutional law. Prior to founding Gura & Possessky, PLLC, Mr. Gura began his career by serving as a law clerk to the Honorable Terrence W. Boyle, United States District Judge for the Eastern District of North Carolina. Subsequently, as a Deputy Attorney General for the State of California, Mr. Gura defended the State of California and its employees from all manner of lawsuits, in state and federal courts, at trial and on appeal. Thereafter, Mr. Gura entered the private practice of law with the Washington, D.C. offices of Sidley & Austin. In February 2000, he left the firm to serve for a year as Counsel to the United States Senate Judiciary Committee, Subcommittee on Criminal Justice Oversight. Presented by the Federalist Society on January 25, 2017.

Feb 03 2017
1 hour 8 mins
Play Now

Rank #3: Martha Nussbaum, "What Is Anger, and Why Should We Care?"

Podcast cover
Read more

"Although everyone is familiar with the damage anger can do in both personal and public life, people tend to think that it is necessary for the pursuit of justice. People who don't get angry when they are wronged seem weird to many people, lacking spine and self-respect. And isn't it servile not to react with anger to great injustice, whether toward oneself or toward others? On the other hand, recent years have seen three noble and successful freedom movements conducted in a spirit of non-anger: those of Mohandas Gandhi, Martin Luther King, Jr., and Nelson Mandela -- surely people who stood up for their self-respect and that of others, and who did not acquiesce in injustice. My lecture argues that a close philosophical analysis of the emotion of anger can help us to see why it is fatally flawed from a normative viewpoint -- sometimes incoherent and sometimes based on bad values. In either case it is of dubious value in both life and the law. I'll present my general view, and then show its relevance to thinking well about the criminal law and about transformational justice." Martha Nussbaum is Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago Law School. This talk was recorded January 14, 2014 as part of the Chicago's Best Ideas lecture series.

Feb 20 2014
1 hour 5 mins
Play Now

Rank #4: Aaron Nielson, "The Past and Future of Deference: From Justice Scalia to Justice Gorsuch"

Podcast cover
Read more

With commentary by Professor Daniel Hemel Professor Nielson is a law professor at Brigham Young University and teaches/writes in the areas of administrative law, civil procedure, federal courts, and antitrust. Before joining the faculty, Professor Nielson was a partner in the Washington, D.C. office of Kirkland & Ellis LLP. He also has served as a law clerk to Justice Samuel A. Alito, Jr. of the U.S. Supreme Court, Judge Janice Rogers Brown of the U.S. Court of Appeals for the D.C. Circuit, and Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Nielson received his J.D. from Harvard Law School. Following graduation, he was awarded a Harvard Law School Post-Graduate Research Fellowship. Professor Nielson also received an LL.M from the University of Cambridge, where he focused his studies on the institutions that regulate global competition and commerce. He received his undergraduate degree from the University of Pennsylvania, majoring in economics and political science. Daniel Hemel’s research focuses on taxation, risk regulation, and innovation law. His current projects examine the effect of tax expenditures on inequality; the role of cost-benefit analysis in tax administration; and the use of tax incentives to encourage knowledge production. As an assistant professor at the University of Chicago Law School, he teaches tax, administrative law, and torts. Daniel graduated summa cum laude from Harvard College and received an M.Phil with distinction from Oxford University, where he was a Marshall Scholar. He then earned his J.D. from Yale Law School, where he was editor-in-chief of the Yale Law Journal. Prior to his appointment, he was a law clerk to Associate Justice Elena Kagan on the U.S. Supreme Court. He also clerked for Judge Michael Boudin on the U.S. Court of Appeals for the First Circuit and Judge Sri Srinivasan on the U.S. Court of Appeals for the District of Columbia Circuit, and served as visiting counsel at the Joint Committee on Taxation. Presented on April 26, 2017, by the Federalist Society.

May 02 2017
1 hour
Play Now

Rank #5: Gillian Thomas, "Title VII and Women in the Workplace"

Podcast cover
Read more

Gillian Thomas, staff attorney at the ACLU Women's Rights Project, will discuss issues in her recently-published book, Because of Sex: One Law, Ten Cases, and Fifty Years about Title VII and its effects for women in the workplace. The book details ten important Supreme Court cases for women's equality, and spends as much time on the personal details as the legal ones for an extremely compelling read. As Title VII is one of the most important safeguards for women and helps ensure gender diversity in the workplace, we believe it will be a valuable addition to the Law School's Diversity Month. Presented on January 25, 2017, by If/When/How: Lawyering for Reproductive Justice, Labor and Employment Law Society, Public Interest Law Society, Employment Law Clinic, and Law Women's Caucus.

Mar 07 2017
58 mins
Play Now

Rank #6: Tracey L. Meares, "Police Reform and Public Security"

Podcast cover
Read more

Keynote address for the University of Chicago Law School Legal Forum Symposium 2015: Policing the Police First published in 1985, the University of Chicago Legal Forum is the Law School’s second-oldest journal. The Legal Forum is a student-edited journal that focuses on a single cutting-edge legal issue every year, presenting an authoritative and timely approach to a particular topic. Tracey L. Meares is the Walton Hale Hamilton Professor of Law at Yale Law School Recorded on November 6, 2015. Also see the C-SPAN coverage: http://www.c-span.org/video/?400047-1/discussion-police-reform-public-security

Dec 31 2015
57 mins
Play Now

Rank #7: Martha Nussbaum, "Long Long Lives: Should We Want Them?"

Podcast cover
Read more

Today, as our capacity to prolong life increases, people dispute whether indefinite prolongation could possibly be good. A leading bioethicist, Ezekiel Emanuel (brother of Rahm) has written that we should all want to die at 75! I'll approach this question by drawing on ancient Greek arguments about why immortal life is undesirable -- arguments that I find fatally flawed. I then turn to two more recent philosophers who try to reconcile us to finite and reasonably short mortal lives: "Younger Martha" (i.e. me in 1994), and my teacher Bernard Williams, who wrote about the "tedium of immortality." I find those consolatory arguments flawed too. But a better argument is found in the Roman philosopher Lucretius, and it applies to indefinite prolongation as well as to outright immortality. Martha Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics. Presented on April 5, 2016, at the University of Chicago Law School.

May 13 2016
1 hour 5 mins
Play Now

Rank #8: Nicholas Stephanopoulos, "The South After Shelby County"

Podcast cover
Read more

In Shelby County v. Holder, the Supreme Court dismantled one of the two pillars of the Voting Rights Act: Section 5, which had barred southern jurisdictions from changing their election laws unless they first received federal approval. The burning question now is what will happen to minority representation in the South in the absence of Section 5. In this talk, Prof. Stephanopoulos explores the differences between the defunct Section 5 and Section 2 of the VRA, which continues to apply nationwide. His sobering conclusion is that Section 2 provides substantially less protection with respect to both redistricting and franchise restrictions. The demise of Section 5 is therefore likely to reverse decades of progress for voting rights in the South. Nicholas Stephanopoulos is Assistant Professor of Law at the University of Chicago Law School. This Chicago's Best Ideas talk was recorded on November 13, 2013.

Feb 20 2014
52 mins
Play Now

Rank #9: Jonathan S. Masur, "The Behavioral Law & Economics of Happiness"

Podcast cover
Read more

A central question in law and economics is how people will behave in the presence of legal rules. An essential part of that inquiry is what makes people happy or unhappy – what increases or decreases their “subjective well-being.” There is ample evidence that individuals make decisions based in part on what they believe will improve their well-being. In order to understand how legal rules will influence behavior, it is thus vital to understand how those rules will affect happiness. More generally, viewing law through a hedonic lens can help legal policymakers determine whether (or not) a given law or policy will be beneficial for the individuals affected by it. Jonathan S. Masur is John P. Wilson Professor of Law, David and Celia Hilliard Research Scholar, and Director of the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics. The 2018 Coase Lecture in Law and Economics was presented on February 6, 2018.

Feb 19 2018
56 mins
Play Now

Rank #10: A Conversation With Elena Kagan

Podcast cover
Read more

In a conversation with David A. Strauss, Gerald Ratner Distinguished Service Professor of Law, US Supreme Court Justice Elena Kagan reflects on decision-making, persuasion, and hunting with Scalia. This event took place on February 2, 2015, at the University of Chicago Law School.

Feb 11 2015
1 hour 14 mins
Play Now