Show cover of Broken Law

Broken Law

Ever feel like the law is stacked against you? It probably is. Broken Law speaks truth to power in discussing how our laws and legal system serve the few at the expense of the many. This is where law meets real life. Hosted by the staff of the American Constitution Society, we reckon with the origins of our legal system, interview people on the frontlines of the progressive legal movement, and chat about necessary legal reforms to restore our democratic legitimacy and improve the lives of all people.

Tracks

Episode 145: Insurrection on the Docket
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.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Donald Sherman, Executive Vice President and Chief Counsel, CREWLink: American Historians' Brief Link: Childrens' Rights Legal Scholars and Advocates Brief Link: Colorado lawsuit enforcing Donald Trump's unconstitutional disqualification, CREWVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
36:53 4/2/24
Episode 144: Protecting Performers in a New Age of AI
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.orgToday's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice for ACSGuest: Sarah Luppen Fowler, Senior Deputy General Counsel, SAG-AFTRA (affiliation included for identification purposes only)Link:  Human Artistry CampaignLink: 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 PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
44:45 3/19/24
Episode 143: Misogyny and the Law
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.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Julie Suk, Hon. Deborah A. Batts Distinguished Research Scholar and Professor of Law, Fordham University School of LawLink: 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 CarrollVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
36:41 3/5/24
Episode 142: Radical Reparations
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.orgToday's Host: Taonga LeslieGuest: Marcus Hunter, Scott Waugh Endowed Chair in the Division of the Social Sciences, UCLALink: Radical Reparations: Healing the Soul of a Nation by Marcus HunterLink: The Case for Reparations by Ta-Nehisi CoatesLink: 40 Acres and a MuleVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
44:46 2/20/24
Episode 141: The Electoral College's Past, Present, and Future (Part II of Episode 137 - Is the ECA Prepared for 2024?)
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.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Alexander Keyssar, Harvard Kennedy SchoolLink: Why Do We Still Have the Electoral College? by Alexander KeyssarLink: Why the Electoral College is Bad for America by George C. Edwards III  Visit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
34:56 2/6/24
Episode 140: The Relentless Attack on Government as We Know It
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.orgToday's Host: Elizabeth Binczik , ACS Director of Policy and Program for Economic JusticeGuest: Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental LawLink:  SCOTUS Oral Argument in Relentless, Inc. v. Department of CommerceLink:  SCOTUS Oral Argument in Loper Bright Enterprises, Inc. v. RaimondoLink: Yale Journal of RegulationVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
54:51 1/23/24
Episode 139: Will SCOTUS Close the Courthouse Door to Immigrants?
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.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Link:  Oral Argument in Campos-Chaves v. GarlandLink:  Oral Argument in Wilkinson v. GarlandLink: "Beyond Crisis Narratives," by Monika Y. LangaricaVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
33:28 1/16/24
Episode 138: Two Big Ticket Items for 2024
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.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Russ Feingold, ACS PresidentLink: "To Do List for 2024: 70 Judges in 12 Months" by Russ FeingoldLink:  "Red Courts, Blue Courts," by Mark A. LemleyLink: "Supreme Court to Hear Momentous Case on Whether Trump Can Hold Office," by Adam LiptakVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
42:49 1/9/24
Episode 137: Is the ECA Prepared for 2024? Part I
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.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Lindsay Langholz, ACS Sr Director of Policy and ProgramLink: "Court won’t expedite ruling on Trump’s immunity claim," by Robert BarnesLink: Master Calendar of Trump Court Dates: Criminal and Civil Cases, by Just SecurityLink: "Court to weigh in on scope of law used in Jan. 6 prosecutions," by Amy HoweVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
39:54 1/2/24
Episode 136: 2023 Wrap Up
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.orgToday's Host: Jeanne Hruska , ACS Sr Advisor for Communications and StrategyGuest: Craig Mastantuono, Partner, Mastantuono, Coffee & ThomasGuest: Neal Sarkar, Special Assistant County Attorney, Office of the Harris County Attorney Link: Support ACSLink: "Wisconsin leader pivots, says impeachment of state Supreme Court justice over redistricting unlikely," by Scott BauerLink: Civil Rights Organizations Sue to Block Texas from Enacting Extremist Immigration LawVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
44:58 12/26/23
Episode 135: What a Year for Labor!
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.orgToday's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic JusticeGuest: 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 BarcoVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
56:23 12/19/23
Episode 134: Red Courts, Blue Courts, and AI
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 Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
30:06 12/12/23
Episode 133: Taking Up Section 3 of the 14th Amendment
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.orgToday's Host: Lindsay Langholz, ACS Sr Director of Policy and ProgramGuest: Donald Sherman, Senior Vice President and Chief Counsel, CREW Guest: Nikhel Sus, Director of Strategic Litigation, CREWLink: CREW's Colorado lawsuit enforcing Donald Trump’s constitutional disqualificationLink: "Why are U.S. courts afraid of the 14th Amendment? Because it’s radical," by Sherrilyn IfillVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
36:54 12/5/23
Optional Ethics
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.orgToday's Host: Jeanne Hruska, ACS Sr Advisor for Communications and StrategyGuest: Russ Feingold, ACS PresidentLink: "The Supreme Court Still Needs a Binding Code of Ethics," by Russ FeingoldLink: SCOTUS Code of ConductLink: "Red Courts, Blue Courts," by Mark LemleyLink: ACS Poll Worker PledgeVisit the Podcast Website: Broken Law PodcastEmail the Show: Podcast@ACSLaw.orgFollow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
33:35 11/28/23
Episode 131: How to Advance Workplace DEI Post SFFA
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 Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
31:35 11/21/23
Episode 130: SCOTUS Confronts a Mess of Its Own Making
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 Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
31:59 11/14/23
Episode 129: One Year Out from Election Day 2024
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 Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
49:26 11/7/23
Episode 128: How Campaign Funding Affects Judicial Decision Making
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: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
50:00 10/31/23
Episode 127: The Persecution of a State Supreme Court Justice
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 Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
36:34 10/24/23
Episode 126: Why We Should All Be Space Lawyers
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 Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
53:03 10/17/23
Episode 125: The Psychological Torture of the Death Penalty
In honor of World Day Against the Death Penalty (October 10), Christopher Wright Durocher speaks with Professor John Bessler about why the death penalty should be considered an act of torture. They discuss how the death penalty is classified under international human rights law and how the U.S. Supreme Court consistently gets death penalty cases wrong by ignoring the psychological torture involved.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Christopher Wright Durocher, ACS Vice President of Policy and Program Guest: John Bessler, Professor of Law, University of Baltimore School of Law Link: "The Death Penalty's Denial of Fundamental Human Rights," by John Bessler Link: "A Torturous Practice," by John Bessler Link: "Taking Psychological Torture Seriously," by John Bessler Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
46:08 10/10/23
Episode 124: Previewing the New SCOTUS Term
With the Supreme Court's new term underway as of October 2, the ACS team sat down to discuss the biggest trends and cases on the Court's docket. Is the term going to bring all bad news or might there be reason for (cautious and select) optimism? The team weighs in.  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: Taonga Leslie, ACS Director of Policy and Program for Racial Justice Guest: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice Link: ACS Supreme Court Preview Program Link: "Landmark Texas, Florida social media cases added to Supreme Court term," by Ann E. Marimow and Cat Zakrzewski Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
51:41 10/3/23
Episode 123: Are Our Elections Ready for AI?
AI is becoming increasingly widespread and that includes in the electoral space. Elizabeth Binczik speaks this week with Lisa Gilbert (Public Citizen) about the threat of AI to our elections, from deepfakes to "astroturfing," and how we can reduce that risk as we look ahead to the 2024 election cycle.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Elizabeth Binczik, ACS Director of Policy and Program for Economic Justice  Guest: Lisa Gilbert, Executive Vice President, Public Citizen Link: "Generative Artificial Intelligence: The Impact on Democracy," by Public Citizen Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
27:56 9/26/23
Episode 122: Lessons from FDR's Court
This week, Jeanne Hruska speaks with Cliff Sloan about his new book, "The Court at War: FDR, His Justices, and the World They Made." They discuss the enduring impact of key Supreme Court decisions issued during WWII and the lessons that we should be heeding from FDR and his justices in thinking about today's Supreme Court.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy Guest: Cliff Sloan, Professor, Georgetown Law Link: "The Court at War," by Cliff Sloan Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
53:31 9/19/23
Episode 121: The Strife Over a Single State Supreme Court Seat
Earlier this year, the most expensive judicial race in U.S. history saw Janet Protasiewicz elected to the Wisconsin Supreme Court. On this episode, Jeanne Hruska speaks with Craig Mastantuono about the impact of Justice Protasiewicz's election and Republican legislators' threat of impeaching her. They also discuss the role of judicial selection committees and how listeners can engage on state courts.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, ACS Senior Advisor for Communications and Strategy Guest: Craig Mastantuono, Partner, Mastantuono, Coffee & Thomas Link: "Why Republicans Could Impeach a Liberal Judge Before She’s Heard a Case," by Reid J. Epstein Link: "Liberal judge’s Wisconsin supreme court race win shows a shake-up in US politics," by Sam Levine Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
44:37 9/12/23
Episode 120: Hot Labor Summer!
This summer, we've seen high profile strikes in Hollywood, an overwhelming vote to ratify the Teamsters' agreement with UPS, and renewed energy in the labor movement. On this episode, Elizabeth Binczik speaks with Professor Diana Reddy about what is behind this "hot labor summer" and whether the promising trends are here to stay.   Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice Guest: Diana Reddy, Professor of Law, UC Berkeley Link: "After the Law of Apolitical Economy: Reclaiming the Normative Stakes of Labor Unions," by Diana Reddy Link: “There Is No Such Thing as an Illegal Strike: Reconceptualizing the Strike in Law and Political Economy," by Diana Reddy: Link: On Labor Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
38:35 9/5/23
Episode 119: Can the Law Keep Up with Climate Science?
This summer has seen no shortage of extreme weather events, bringing more attention to climate change. For the legal community, it's highlighted the question, can the law keep up with climate science? Elizabeth Binczik speaks with  Michael Burger about climate change litigation and how courts are handling this growing field. They discuss the recent victory by youth litigants in a climate case against the state of Montana.  Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Elizabeth Binczik, Director of Policy and Program for Economic Justice Guest: Michael Burger, Executive Director, Sabin Center for Climate Change Law Link: Global Climate Litigation Report: 2023 Status Review Link: Sabin Center's Climate Change Litigation Databases Link: "Montana Lawsuit Confronts States’ Responsibility for Climate Change," by Michael Burger Link: "The Law and Science of Climate Change Attribution," by Michael Burger, Jessica Wentz, Radley Horton Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
39:55 8/29/23
Episode 118: When Does Criticism Become Witness Tampering?
With former President Trump now facing four indictments, Jeanne Hruska catches up with Barbara McQuade about some of the issues arising from the legal proceedings. Specifically, they delve into concerns that Trump's commentary about the cases could cross over into witness tampering or tainting the jury pool. What tools do the judges overseeing the different proceedings have to respond and how does Trump being a presidential candidate impact the analysis?   Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Jeanne Hruska, Senior Advisor for Communications and Strategy Guest: Barbara McQuade, Professor, University of Michigan Law School Link: "Trump’s habitual line-stepping on witness tampering" by Aaron Blake Link: ACS Condemns Threats and Verbal Attacks Against Judge Chutkan and Fulton County Grand Jury Members Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
30:25 8/22/23
Episode 117: Where Is the Free Speech Breaking Point?
In the wake of his second federal indictment, former President Donald Trump and his legal team are claiming the First Amendment protects against charges of fraud, conspiracy to violate civil rights, obstruction of an official proceeding and conspiracy to do so. Lindsay Langholz speaks with Nora Benavidez about this claim and the broader issue of how social media is impacting our elections and our democracy.   Join the Progressive Legal Movement Today: ACSLaw.org Today's Host: Lindsay Langholz, ACS Sr Director of Policy and Program Guest: Nora Benavidez, Senior Counsel/Director, Digital Justice & Civil Rights, Free Press Link: Pen America Media Literacy Toolkit Link: Poynter Media Wise Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
46:29 8/15/23
Episode 116: Watch These Spaces
Today is a double feature! Jeanne Hruska speaks first with Lindsay Langholz about an unusual August election in Ohio and why the cynical ploy could be decisive for abortion rights in the state. Jeanne then speaks with Russ Feingold about President Biden falling behind his predecessor’s pace in judicial confirmations and the implications going forward. 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: "An Attempt to Disempower Ohio Voters," by Russ Feingold and Lee Fisher Link: Text of OH Ballot Initiative on Abortion Rights Link: "President Biden Has Fallen Behind His Predecessor on Judicial Confirmations," by Zachary Gima Visit the Podcast Website: Broken Law Podcast Email the Show: Podcast@ACSLaw.org Follow ACS on Social Media: Facebook | Instagram | Twitter | LinkedIn | YouTube ----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2023.-----------------Broken Law: About the law, who it serves, and who it doesn’t.----------------- Production House: Flint Stone Media Copyright of American Constitution Society 2024.
40:22 8/8/23