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Reasonably Speaking

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The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.

The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.

Location:

United States

Description:

The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.

Twitter:

@AmLawInst

Language:

English

Contact:

215-243-1600


Episodes

The U.S. Presidency: Looking Forward

1/14/2021
Join us for this episode of Reasonably Speaking where top scholars in U.S. presidency and political science discuss the the history of the U.S. presidency and its future "post–Trump." Moderated by: ALI President David F. Levi Panel:

Duration:01:14:58

Children and the Law: Protecting the Vulnerable in a Time of Crisis

12/15/2020
The treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children have only been compounded. In this episode of Reasonably Speaking, juvenile justice scholar and Chief Reporter of the Restatement of the Law, Children and the Law, Elizabeth Scott guides our Children and the Law-exclusive...

Duration:00:59:59

MDLs Go Mainstream: Mass Torts Today

11/24/2020
This episode explores the multidistrict litigation (MDL) from their origins to current examples and recommended reforms. When complex issues effect large numbers of people, MDLs are often seen as the most efficient way to consolidate and manage those cases, recent examples include opioids and Roundup. Led by MDL expert and scholar Elizabeth Chamblee Burch, participants will discuss the nuances of MDLs and examine how all involved in the process should never lose sight of the human element...

Duration:01:19:59

Election 2020: When Are Results Official and What Happens if Results Are Disputed

9/29/2020
The 2020 election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that this group of election law experts will tackle. Every election year presents its own unique set of challenges, but 2020 has been a uniquely challenging year. What can voters expect on and after Election Night? Election results are never final until...

Duration:00:55:01

How Courts Are Addressing Racial Disparities in the Administration of Justice

8/5/2020
Since the killings of George Floyd, Breonna Taylor, and Ahmaud Arbery, civil unrest has spread throughout the United States, causing many American citizens to question racial equality in every corner of our society. In this episode we will explore one of those corners, the justice system, to discuss how our courts and judges are addressing the complex topic of racism and racial disparities. The panel also explores racial education programs for federal judges, the disparities in sentencing...

Duration:00:57:38

Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC

7/23/2020
In Liu v. SEC (June 22, 2020), the Supreme Court of the United States held, in an enforcement action by the Securities and Exchange Commission, that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted “equitable relief” that was permissible under the Securities Exchange Act of 1934, 15 U.S.C. § 78u(d)(5), rather than punitive sanctions, which were historically excluded from the definition of “equitable relief” under the Act. This...

Duration:01:06:36

Faithless Electors: SCOTUS Decisions and Implications for November

7/15/2020
On July 6, the Supreme Court of the United States held that states may replace and even punish “faithless electors,” the term used for a member of the U.S. Electoral College who does not vote for the presidential or vice presidential candidate they pledged to support. This episode will consider the implications of the Court’s ruling and reasoning for a broader set of questions on the Electoral College system and what might happen in this year’s election. What if there is a 269-269 tie...

Duration:01:02:25

The Plague of Excessive Force - Working Together to Find a Cure

7/1/2020
This episode of Coping with COVID shifts attention from one pandemic to another, the plague of excessive force by police officers. This is an old and longstanding problem receiving new attention in the aftermath of the death of George Floyd. Although we have witnessed these atrocities in the past, across the nation, citizens are coming together with a renewed strength to work together to find a solution. There is much to be done. It is a difficult moment in our history, and yet, amid this...

Duration:01:01:59

Absentee Balloting: Preparing for the November Election

6/18/2020
In its April 2020 primary election, Wisconsin experienced serious problems in its absentee balloting processes, which led to a federal court case (RNC v. DNC) that the U.S. Supreme Court ultimately resolved on election eve. The problem was that in the face of the current pandemic, the number of voters who requested an absentee ballot overwhelmed the election officials’ ability to get the ballots to the voters in time to cast them. The result was the disenfranchisement of tens of thousands of...

Duration:01:07:59

ALI Oral History Series: Ken Frazier

6/11/2020
Featuring one of the series of interviews that ALI is conducting as part of ALI’s Oral History Series, in this episode ALI Council Member Kenneth Frazier of Merck is interviewed by Alfred W. Putnam Jr. of Faegre Drinker Biddle & Reath. This interview was conducted on January 22, 2020. Ken was elected to ALI membership in 1996, and to ALI’s Council in 2003. He has served as the Chairman of the Board and Chief Executive Officer of Merck since 2011. He joined the company in 1992 and has held...

Duration:01:01:16

Coping with COVID: When is it safe to work?

6/9/2020
The current public health crisis has raised a variety of new challenges in the workplace. What is the employer's responsibility to keep employees safe? Is an employee able to refuse to work? Can an employee share medical information without adverse consequences? Join us for this episode of Reasonably Speaking when we are joined by lawyers and scholars who are on top of these and other very complex issues of fairness, privacy, safety and the law. Moderated by: David F. Levi | President, The...

Duration:00:55:24

Coping with COVID: Administering Jury Trials, Mediations, and Complex Litigation

5/21/2020
As we saw in the first episode of Season 2, our state and federal courts have adapted much of their work to digital platforms. But some procedures or litigation events do not easily or obviously translate to digital. In this episode, judges and court administrators reveal how procedures and processes that traditionally rely heavily on in-person interactions, such as jury trials or mediations, can be modified to accommodate social distancing. The panel also explores how complex litigation,...

Duration:01:20:09

Robert L. Wilkins v. Maryland State Police

5/14/2020
This episode features a previously un-aired portion of the season one episode “Long Road to Hard Truth: The 100 Year Mission to Create the National Museum of African American History and Culture.” On that episode, Judge Paul Friedman of the U.S. District Court for the District of Columbia sat down with Judge Robert Wilkins of the U.S. Court of Appeals for the District of Columbia Circuit to talk about his book of the same title. During the recording of that episode, Judge Wilkins mentioned a...

Duration:00:18:34

Coping with COVID: Leading through Uncertainty - Perspectives from the Private Sector

5/12/2020
Don’t miss this episode, as we welcome Katherine Adams, Senior Vice President and General Counsel of Apple; Ivan Fong, Senior Vice President, General Counsel & Secretary of 3M; Ken Frazier, Chairman and CEO of Merck; and Malini Moorthy, Vice President and Chief Deputy General Counsel of Medtronic, as they discuss how their companies are responding to the COVID crisis. Moderated by ALI President David F. Levi, the panel will discuss how companies are pivoting to increase output of critical...

Duration:00:58:25

Medical Malpractice in the Restatement Third of Torts

5/7/2020
This episode explores one aspect of our ongoing project, Restatement of the Law Third, Torts: Concluding Provisions. Specifically, we'll be discussing medical malpractice. Torts was one of the first Restatements completed by The American Law Institute. Now in the Third series, nearly 90 years later, medical malpractice has never been included in any Restatement series until now. Led by Restatement Reporter Michael Green, the participants will discuss why now is a particularly opportune time...

Duration:00:40:19

Coping with COVID: How Law Schools Are Educating Students and Fostering Community

4/30/2020
In this third installment of the “Coping with COVID” series, ALI President David F. Levi is joined by six law school deans to discuss how their schools are adjusting to remote learning, including adapting experimental classes, clinics, and other hands-on courses to the online format. The deans also discuss how law schools are responding to the crisis by adjusting their admissions processes and re-allocating resources, all while maintaining a normal level of scholarly exchange and excitement....

Duration:01:01:50

Coping with COVID: Legal Services Organizations on the Frontlines

4/23/2020
"Coping with COVID: Legal Services Organizations on the Frontlines" welcomes several accomplished lawyers who lead legal services organizations and who are working hard to assist people with critical legal needs. Our country has long struggled to meet the needs of people who cannot afford legal services and the COVID crisis has only exacerbated these needs. These leaders discuss how they are persevering in their efforts to serve their clients and how the COVID crisis may be providing a push...

Duration:00:58:12

Coping with COVID: How Courts Are Preserving Access to Justice

4/16/2020
This is the first installment of a series of episodes on "Coping with COVID." Produced jointly by the Bolch Judicial Institute of Duke Law School and The American Law Institute, this series examines the impact of the COVID-19 pandemic on the legal system. Moderated by David F. Levi, ALI President and Director of the Bolch Judicial Institute, this episode features top state and federal judges as they discuss how our courts are meeting the challenge of continuing to administer our justice...

Duration:01:02:38

May It Please the Court Part II: A Closer Look at Arguing in Front of SCOTUS

7/16/2019
In this episode, we spend time with Paul D. Clement, who served as the 43rd Solicitor General of the United States from June 2005 until June 2008. Before his confirmation as Solicitor General, he served as Acting Solicitor General for nearly a year and as Principal Deputy Solicitor General for over three years. He has argued nearly 100 cases before the United States Supreme Court. The American Law Institute would like to thank Oyez for excerpted portions of Supreme Court oral arguments....

Duration:00:39:28

Why Is Defining Consent So Difficult?

6/4/2019
Consent is a concept at the center of criminal law and sexual assault. So, why is it so difficult to accurately define? Sexual assault laws have evolved from requiring the victim to resist toward requiring consent. However, “consent” is defined in many ways. In this episode, two experts on the topic, Criminal Law Professor Aya Gruber and AEquitas Co-Founder and CEO Jennifer Long, discuss and debate the potential for success and failure of implementing an “affirmative consent” requirement,...

Duration:00:44:15